0:01I just think you'll see that it feels like it's going quite easier.
1:57No, that's what we love.
2:08We'll give people one more minutes.
2:25So uh one on five more.
2:28We were hoping that folks would see that key me so you can get together and do the list that he's constantly flowing.
2:36I'm trying not to take it personally, but I think so that he doesn't make myself.
2:47Can I share your book?
2:52Julie had given us this to the easier way to look at something for the bug ink.
3:00It has everything that's in here, but not in that meeting.
3:08Um I know that there are more colleagues that ran to get refreshments, our fourth hearing of the day.
3:15Um we're trying not to take it personally here in the law department.
3:19Um but join joining me today, as of now, Counselor Nave President Paniagua, and we have the Department of Law.
3:25We've got Suketzov and Joe Berry.
3:28Thanks for having us.
3:29Uh thank you very much.
3:30And what I've been having everyone lead with is uh, you know, what what does your department do?
3:35How does it fit into the structure of the corporation?
3:39What are some of the the wins that you can share with us and other you know potential challenges for for the for the past budget year?
3:46Sure, thank you for the opportunity to do that.
3:48So our office represents the entire city.
3:51We are legal counsel for the entire city, all of your boards.
3:55Um primarily obligation as corporation counsel is to defend the city in actions commenced against us.
4:08So to date since the beginning of the fiscal year, we have received 203 notices of claim, and that is the first step to starting a lawsuit against the city.
4:20So that's a pretty significant volume of claims that come in.
4:24In addition to that, we also um address affirmative claims where if someone has damaged our property, so think I I hate to be on the record saying this, but think national grid is doing some kind of digging and injured, you know, harms one of our pipes.
4:40We go up, we pursue that and get um those claims addressed so that we can repair our pipe and we're not out any money.
4:48Um I think that the next biggest thing that has the greatest public um impact is the work that our office does in conjunction with codes and SPD to address problem properties.
5:07It can be a nuisance property, it can be a property that has ongoing trash issues, like they just their whole front yard is full of trash.
5:16It can be um the more serious claims that we have taken um great lengths at trying to pursue if you are selling illegal cannabis, if you are selling tobacco to minors, if you are engaged in the sale of illegal drugs, we have created a mechanism where we work cross-departmentally to try to address those properties early on.
5:40We have a process by which we have now developed to pursue those.
5:45It takes a lot of man hours, it takes a lot of coordination amongst departments.
5:49I could not be successful without codes, if I'm being completely honest, and SPD's help.
5:54Um, but we have really got it down, if I do say so myself.
5:59It took us a while, we had to figure out what the courts would allow us to do and what they wouldn't allow us to do, but we now have a good system where we can identify properties earlier, we can go after them when they have demonstrated a significant um ongoing issue with what we deem to be um illegal or improper practices at a site.
6:20Um beyond that, we pursue um bad landlords we or bad property owners.
6:27So the name Kletzke may mean something to you.
6:29He owns tons, dozens of properties in the city, they are all being run into the ground, he puts no capital into them, people live there, the conditions are not good.
6:39We've commenced a lawsuit against him and all of his properties, and we are on the cusp of um getting an order from the court.
6:45He did file for bankruptcy, that's gonna be dismissed, and then we will get a decision out of the court.
6:51I truly believe in favor of the city with significant fines.
6:55Um in addition to that, we have collected just shy of $500,000 to date on judgments.
7:02We have a paralegal in my office who pursues judgments that the city has obtained either through the BAA or through my office, and we have someone who pursues collection of those through various mechanisms.
7:14So we're a busy little group.
7:16Um, and but that's Joe.
7:19I don't know if you have anything to add, but that's what we do in terms of the litigation.
7:25I want I didn't I want to say one more thing before I turn it over to Joe.
7:29In addition to that, as you know, we represent this body.
7:32So Joe drafts with the assistance of one of the attorneys in my office, hundreds of pieces of legislation every year.
7:39Every single time you take any action that requires an ordinance, Joe is in charge of drafting and preparing that for you.
7:46So there's a lot of work that goes into what we all do every day to service the city.
7:56Um and I want to acknowledge uh Catherine Carnrich and Meg Ryan play an important part in that team effort.
8:03Um and in addition, I want to point out that our office provides a lot of support to the joint schools construction board.
8:11Uh phase three is really gearing up with hired architects to design uh several schools, including Nottingham High School.
8:20Uh we'll be on the issue.
8:25You have me do my roof roof bar.
8:30We have a bulldog at the table.
8:34Yeah, but make an iron.
8:39So we're very excited about that program, and uh it'll unfold this year, and you'll uh see a lot more in that regard, including a bond refinancing, which will be coming up in a couple of meetings.
8:51It will save the city and the school district a lot of uh interest cost.
8:58Can I ask a question?
9:00I wasn't here and you probably answered it.
9:05You went from 34 to 31 votes.
9:09You have to count number two.
9:10We have um I I have it broken down on my chart by 34 attorneys.
9:18So um I think that we are down a few attorneys.
9:22There are some vacancies.
9:24I think as part of the budgeting process, vacancies were removed in order to create a more balanced budget.
9:32Um so that's really I think where those changes come from.
9:38We are we are definitely down to attorneys, and then the secretary to the Clumin Council, to the corporation council.
9:46I have a secretary, but there was another that there was another position that was another secretary.
9:55Uh that's what I was gonna.
9:56I see I see her here.
10:01Yeah, and you're missing one assistant corporation counsel.
10:06We now have two vacancies.
10:09But it may the second one may have occurred to the printing of the budget.
10:19How much time does your office do when you're going to court?
10:24You have to be in the courthouse and you have to deal with cases.
10:30How much time and money does it cost?
10:36I mean well, that's a very difficult question for me to answer because the cases that we handle range from a trip and fall or a minor traffic accident to we just won two cases in federal court where the plaintiff who was suing us, one was convicted of rape and was challenging some of the process, and that was a huge case.
11:14Years really, but it ramps up as it gets closer to trial.
11:18That trial was held in Albany, and they spent between a week and 10 days in Albany, you know, handling.
11:27Like we're needed that can help you.
11:29We have outside counsel that we rely on that and they charge by the hour, and we have an outside council budget.
11:36But my in-house attorneys are salaried and they work whatever hours are required to address the litigation depending on the size of it.
11:45And depending on the size, will depend on how we staff it.
11:48Sometimes it's just one attorney, sometimes it's two, sometimes it's three.
11:52Um we have some pretty significant federal trials coming up.
11:56Um of them is Broadwater.
11:58I don't know if this group is familiar with that.
12:01He was a gentleman who was convicted of rape 25 years ago up on the Hill, and he has since been freed based on DNA evidence, and he is suing.
12:16No, his name is Broadwater.
12:18I'm sorry, I'm sorry.
12:21Did you broad with an R.
12:27Um we are handling that in-house, and it takes up a significant amount of time as it gets closer to trial.
12:36There are motions, there are um pleadings, there are depositions, there's evidence that has to be reviewed and trial prep that has to take place.
12:45So I I don't mean to avoid the question, it's just very no, I understand.
12:51So I think related uh cousin Paniago and I were talking about the professional service line, which is your outside counsel and less budget season, we reduced that number, and it turns out that you needed it.
13:03Um where and when, how do you determine when you go outside of our staff attorneys to outside counsel?
13:11What do we use them for you?
13:14Can you you know cast a little light on that whole situation?
13:18Yeah, so we try very hard to keep as much in-house as we possibly can because it is more cost-effective if we can handle it in-house.
13:26However, we don't have that much bench when it comes to significant trial work like that.
13:33So what we have been fortunate to be able to do sometimes is partner with our outside counsel and assign one of our younger attorneys to work the case as well.
13:43So they're getting mentored by a firm on this particular type of trial prep.
13:50And so it's a wonderful learning opportunity for them so they get more experience.
13:55We our attorneys who already have the experience are tied up doing other cases, and so that's when we will go to outside counsel, and we have been um we have often asked them, okay, we want you to handle this, but we want you to use attorney A as one of your associates, and then that attorney goes and lives at that firm for the duration of that trial prep, so that they can learn and they have the opportunity, and it is a way for us to leverage that investment in outside counsel.
14:23So our outside counsel fees fluctuate.
14:26Um but the fewer attorneys I have in my office, the more I have to rely on outside counsel.
14:31So it's that kind of yes.
14:35You are voting one person, you're voting one person, or you are you floating more than one?
14:42We it depends on the cases that we have that come up.
14:45So most recently it was one.
14:47We sent an attorney to work with an one of our outside counsels in between the departments, like Leah just said that you guys are hearing.
14:57He's part-time in my office and part-time.
15:01That's the only one you said.
15:03But for sure, we say I'm going to direct it there is there.
15:08What's the difference between one?
15:11Julie, if you know the one made it quite easy.
15:16Um, speaking of services, I think professional services are outside council.
15:38And then the outside counsel is outside.
15:41I have to look at this, but how many stir up in um Sir?
15:51Okay, so how's it only?
16:05So even if if we I'm sorry, Corey.
16:10I was gonna say, um, so you're down five total four up top and one.
16:23Oh no, up you up one here.
16:29I think if you're comparing 2526 to 2627, we are down three at the top.
16:37And I think we're up one at the bottom.
16:39Okay, so you're down uh three total.
16:43No, you're down four at the top.
16:45You just lost somebody you said.
16:47Oh, I'm sorry, I was looking at the numbers, yes.
16:51So if the four just so just throw it out, and I'm not not promising anything, I don't know, nothing.
16:56Um, but if the four was well, the funding is is available.
17:01You just have to find someone, or you don't have the funding.
17:04Who how many you had the cut for funding?
17:10I have one and a half that I have funding in this budget year for, but in this new budget, I would have one that's been funded into 2627.
17:23Okay, so you would need three funded through this budget for additional.
17:37Um can I ask how many of your staff work from home?
17:42How many of my staff work from home?
17:44Uh I have one person um who works part-time home because of some health concerns, and I have one who works uh at home full-time because of health issues in a family member.
17:57Okay, I didn't know.
17:58I knew that some of your staff didn't know what the cadence was or or whatnot.
18:07Um, we had a case in appeals court regarding the taxome status for Shine.
18:13And we did not send an attorney.
18:14Can you give any insight into that?
18:18Um, it is getting less and less frequent that attorneys argue at the appellate division level.
18:24Courts take submissions all the time.
18:27And because we have one person less than we did.
18:32Um, I made the decision not to send someone new to go and argue.
18:38And we notified the court that we were doing it on submission, and they had no objection to that.
18:43All of our papers are fully briefed.
18:45We are comfortable with them, and we have started making decisions in my office about oral argument at the appellate division where we will go if we feel there is a nuanced issue that really doesn't come across well in the papers and you feel like you need to explain it, or if it's a unique issue that has never been tried before, if there's something unique about it, we will make the investment and send somebody to travel to Rochester.
19:11Otherwise, we are taking this um position that we'll submit on our papers.
19:16So you don't think it put it uh put us at a disadvantage?
19:20I don't have I don't question going back to earlier when you talked about problem properties.
19:28Um what are we available to do, or what is our position on squatters?
19:41It's a huge problem.
19:43It is a huge problem because the law favors squatters over landlords.
19:52I mean, that is the God's honest truth.
19:54It is a very challenging process.
19:57I thought that they had I thought they repealed it and said that squatters didn't have the rights that they had.
20:03I think courts still lean towards giving them the opportunity which causes delays, which creates backlog.
20:17I I mean I can do I can certainly just a memo.
20:33I'm talking about somebody who just never was supposed to be the property.
20:40I just dealt with this issue on a personal level, not for me, but someone in my family.
20:46These individuals had moved into a house, they had lived there for years without paying rent, never had a lease.
20:53Eviction proceedings were commenced.
20:55They got an attorney, and they argued, oh, service wasn't correct.
20:59Okay, so the judge threw it out.
21:01They commenced it again.
21:02I mean, I it went on for six months until finally um all of the squatters were removed.
21:10But it was not an easy process, and I have no good answers for you.
21:16All right, um, Syracuse, y'all hear that online?
21:19I mean, exactly our hands are tied.
21:24When I don't know, I don't know, but that's a tough one.
21:29Yeah, and then I mean it's it's terrible because that's why we have these house fires.
21:35This property's been vacant for 13 years and now all of a sudden it's caught fire because you got squatters living in it, and they are utilizing whatever way to keep warm or cook, you know, that they can, and then someone now has lost the entire property, right?
21:50So it's certainly something you could take up with our state legislators.
21:56All right, you hear that?
21:58I ain't gonna call y'all by name, but we can't call our name.
22:02Yes, we can set the center table.
22:06All right, so before we adjourn, I'd just like to thank you both.
22:09Um I know that I call both of you regularly, and if you're getting phone calls from me, I'm assuming you get phone calls from the other ten of us.
22:17And um we're grateful for the help that you provide.
22:22And so with that, yeah.