Hurry Up and Wait

Councilmen clash on investigating Albany “ghost tickets”

Published on 2/5/2009 by Metroland written by Chet Hardin

Freshman Councilman Corey Ellis (Ward 3) arrived 35 minutes late to the caucus and said little, although the Democrats were discussing an issue that he owns. After, he strode into the council chambers, through the public entrance, for the first February meeting of the Albany Common Council, after conspiring briefly with Councilman Dominick Calsolaro (Ward 1) in the hallway. It was to be Ellis’ night. He was going to challenge his colleagues, as he had told Metroland in the past, to wager their political calculations against action by voting on whether to initiate a full council investigation into Albany’s “ghost tickets” scandal.

Ellis proposed a motion to issue a subpoena for Albany Police Officers’ Union president Christian Mesley, to come before the council at its March 2 meeting and answer questions as to his knowledge of the police department’s alleged policy of handing out the no-fine tickets. Calsolaro seconded the motion.

After hearing discussion from Councilman Michael O’Brien (Ward 12), President Pro Tem Richard Conti (Ward 6) stood and proposed his own motion—to table Ellis’ bill. The chamber fell into chaos.

“You can do that?” Ellis asked. “You can table another council member’s proposal?”

Yes, the research counsel responded bluntly, scanning procedure documents.

Ellis stood with his head down, frustrated, “So once again, I,” he began, but was cut short by Council President Shawn Morris—Conti had the floor.

But Ellis continued, “I didn’t know that you could squash someone’s motions.”

“It’s not squashing,” Conti rebuffed. “We are operating under Robert’s Rules.”

“I understand, I just didn’t know you could squash . . .”

“It’s not squashing.”

“. . . this kind of motion,” Ellis finished.

Finally, the research counsel confirmed that Conti’s motion was in fact legal, and that it could table Ellis’ motion until a future date, which was set for the next council meeting, Feb. 19. Councilwoman Catherine Fahey (Ward 7) seconded Conti’s motion and the floor was again open to discussion.

Conti said that his motion didn’t reflect what he saw as the validity of Ellis’ motion, rather it was specifically meant to give the council the opportunity to discuss the procedure and process behind using the subpoena.

“This is the first time [this motion] has actually been put before us,” Conti said. “I think it appropriate that we have a discussion that is sane, rational, and orderly so that we know where we are going and therefore we can then consider this motion or some other motion.”

“Two months! Two months!” Ellis countered. “I have stated in the newspaper, on television, about how I felt the council should deal with this issue. We have the ability to do it. We have the power to do it. And not one time did I get a phone call from the president pro tem.”

“This has been going on now since November,” Calsolaro complained. “There comes a point when you have to take a stand and say, ‘Enough is enough.’ ”

“We have not had discussion on this issue,” Conti argued. “Mr. Ellis said that he has talked to the newspapers and the television. . . . Yes he has. I have been waiting for him to talk with his colleagues on the council, and bring a proposal before us. I have sat in caucus after caucus expecting Mr. Ellis to bring the discussion before us so that we can have it. I have been waiting for you to bring this up at caucus, I have been waiting for you to bring it up.”

There are some insiders who say that Ellis’ actions are career motivated, pointing to the fact that he is exploring the possibility of running against Mayor Jerry Jennings this year. Securing this subpoena would be seen as a big, early win for Ellis in a race that many insiders agree will become too crowded if council president Morris, who is also considering a run, decides to announce.

“The correct question is why didn’t the council want to go on the record about whether they support putting Mesley under oath?” Ellis later told Metroland. “It’s not about procedure, or policy, or political grandstanding.”

In the end, the council supported Conti’s motion, with Ellis, Calsolaro, and Councilwoman Barbara Smith (Ward 4) voting against it, though Ellis appeared undeterred.

“You don’t need to discuss whether or not you want to vote to subpoena someone. You are elected officials,” Ellis told his colleagues. “You represent your ward. And you need to discuss whether or not you vote to put someone under oath?”

“Progress does not happen without action,” Ellis said. “I am happy I did it this way, because guess what happened: We scheduled a meeting for Feb. 12th, and now we are going to start to deal with it. Don’t know what’s gonna come out of it, but now we are going to start to deal with it.”

—Chet Hardin, Metroland, February 5, 2009

Video documentation of the Feb. 2 meeting is online at Albany Community Television’s Facebook page. The council has scheduled a special caucus for Feb. 12 at 5:30 PM in the City Court Room, 2nd floor of City Hall, to discuss further investigation. It is open to the public.