The City of Saratoga Springs filed a Petition and Complaint in the New York Supreme Court, Saratoga County, on Wednesday, Sept. 15, that challenges the legality of recent actions taken by the Saratoga Springs Civil Service Commission in July that restricted the ability of the Building Department to issue building permits, essentially shutting down the department for a period of time.
Mayor Scott Johnson, as the appointing authority responsible for the Building Department, said in a release that the lawsuit seeks a declaration that the actions taken on July 19 by the Civil Service Commission are unlawful and should be declared null and void. The suit also seeks an injunction against the Commission in any attempt to enforce such restrictions by refusing to certify payroll of the affected employees.
I am the one with appointing authority, and as such I have certain rights that others do not have when it comes to personnel and effectuate change, said Johnson at an Aug. 3 City Council meeting. `The commission, on their own and without any request from my department or me personally, took actions.`
At that same meeting, Johnson described the July actions, which essentially shut down the Building Department’s ability to do business, as unlawful.
Johnson said that in July, the Civil Service Commission changed the job descriptions of two assistant building inspectors by deleting their authority to issue building permits. In doing so, it shut down the whole department until further action could be taken in a court of law or an appeal to a higher authority, like the state Civil Service Commission.
A representative for the Civil Service Commission said in response to the recent petition that the Commission had tried to work with the mayor, but because of pending litigation could not discuss the issue further. The Commission has retained a law firm pro bono.
Johnson said the Commission in July also eliminated the position of zoning enforcement officer and building inspector, which would have been a senior job. Johnson had requested that the position be established, and it had been approved in June, with job advertisement, resume collection and discussion of interviews completed.
`My goal in having a new position was part of the restructuring effort of the building department for better efficiency and service,` said Johnson. `[The commission] eliminated yet another position at a time when we’re already short two building inspectors to begin with. This is quite a dilemma.`
In August, Johnson took steps to offer a temporary solution by authorizing the inspectors for a three-month time period. Effective that next day, the building department began operating again.
`They can operate according to the way their job was before it was revised and amended this past July 19,` said Johnson at the August meeting. `That gives time to revise the legal issues with the city and Civil Service Commission.`
The lawsuit filed on Sept. 15 asserts that Johnson is the sole entity authorized to appoint Building Inspectors and/or Assistant Building Inspectors on either a permanent or temporary basis. As the appointing authority, under law, Johnson also alleges that the actions taken by the Commission were without legal authority because he did not request such changes to the job duties and responsibilities of the inspectors.
`I am confident that the court will both grant us an injunction and ultimately determine that the Commission’s actions are illegal and must be declared null and void. It’s truly unfortunate that the Commission has forced this matter into court at a time when we were actually making great strides in improving the Building Department,` said Johnson in a statement. `Perhaps this demonstrates that the archaic and cumbersome requirements of Civil Service have little to no place in the new economic realities necessary to better serve the public.`
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