The City of Albany has discontinued its SeeClickFix service that enables users to communicate with City Hall about quality-of-life issues as a lawsuit moves forward.
SeeClickFix is an online reporting system where people can post complaints that need local government attention.
The city now finds itself in a legal tangle after a recent New York State Court of Appeals ruling that complaints posted on SeeClickFix effectively serve as prior legal written notice.
The court determined that a motorcyclist who lost control of his bike after striking a pothole along Lark Street in July 2019, was hurt because of a road defect the city was aware of but didn't repair.
The decision allows motorcyclist Henry Calabrese to proceed with his lawsuit against the city.
The court rejected Albany's stance that complaints posted on SeeClickFix do not satisfy requirements for "prior legal notice." Mayor Kathy Sheehan says that situation will be rectified.
"Well, the court found that if somebody logs a complaint on SeeClickFix that that gives us ample notice that we could be actually subject to significant damages, which would cost taxpayers potentially millions of dollars," said Sheehan. "And so we need to take a look with our counsel at our notice provision, make sure that it's clear that that notice has to be written sent to us by first class mail, because, SeeClickFix is used by our residents. They depend on our residents to do lot cleanups, to alert us to, you know, issues that they're having, but if they're emergent situations, for example, if a sinkhole has been created, SeeClickFix isn't the right venue to let us know about that. You can put it on SeeClickFix, but we're going to be looking at how we can then make sure that the resident knows that they need to pick up the phone and call us because SeeClickFix is not monitored 24/7."
The court found in the months leading up to the accident, Albany's Department of General Services received complaints about a defect in the road near the accident site; some of which were reported through SeeClickFix and others were reported by telephone and entered into SeeClickFix by a DGS employee.
Albany Common Council President Corey Ellis advises against the permanent removal of SeeClickFix.
"The court has did its job. But I also know that citizens like SeeClickFix because it's a record, the transparency record, and I believe that that's the way to engage our citizens and making them proactive in government. So I don't think we should get rid of it or do away with it. I think if there's an issue with us doing a complaint, completing the complaint in a timely manner, then that's the issue. It's not whether or not it's a legal document,” Ellis said.
According to court documents, the city failed to update its decades old "notice statute" to account for the use of "software applications capable of sending communications from the public over the Internet to municipal officials." The court found Albany didn't properly amend the statute until after Calabrese was injured.
Sheehan says Albany residents will again be able to use SeeClickFix once the city ensures it meets all legal standards.
"So right now, the app is down. People can call 518-434-CITY, if they have an issue. You might be rolled over to another number if it’s after hours. But we're going to move as quickly as we can with the council to make clear what our notice provisions are here in the city, so that we can get SeeClickFix back up and running," Sheehan said, adding that "calling on the phone is not written notice." She encourages written communication, as well.
“So, written notice can come to 24 Eagle Street, which is where City Hall is, or you can send it. If it's a DGS issue, you can send it to that same address to the attention of the DGS Commissioner. We'll make sure that those mail written notices get where they need to go. But really SeeClickFix was more about giving our residents the ability to deal with issues that aren't necessarily hazards, but are affecting their quality of life, the overgrown lot, a pothole. Things that our residents see that we need to fix, that they can put right into that app,” said Sheehan.
Philip Mazzotti with the law firm Harding-Mazzotti is representing Calabrese.
"In this matter, after the Court of Appeals ruling, we are now able to proceed towards trial in this matter, Henry Calabrese versus City of Albany, and more importantly, the decision that was rendered from the Court of Appeals has vast changes over the state of New York as a whole. As the ruling was issued by the Court of Appeals, so it is now a statewide ruling that in the event someone uses a platform like see, click, fix that goes to the municipality that would constitute prior written notice, and that was a big change," Mazzotti said.
