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Despite hopes by many town board members, approval of special Potsdam police district unlikely

Posted 10/23/11

By CRAIG FREILICH POTSDAM – State approval of a special police district covering what is now the village – favored by several town board members should voters approve village dissolution Nov. 8 …

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Despite hopes by many town board members, approval of special Potsdam police district unlikely

Posted

By CRAIG FREILICH

POTSDAM – State approval of a special police district covering what is now the village – favored by several town board members should voters approve village dissolution Nov. 8 – remains unlikely and at the very best would be an uphill battle.

Following an informal inquiry to the governor’s office last week, state Assemblywoman Addie Russell said such a measure is unlikely to pass because the state Legislature would take into account that Gov. Andrew Cuomo would likely veto of the bill. He wants to eliminate some of the 10,000 government entities in the state, not create new ones, she said.

State Sen. Joseph Griffo said he would take a long look at any police district proposal before he would support it, and would want to find alternatives if he could. “This would be looked at as a back-door tax, and he'd really have to be convinced that other funding measures should be exhaustively examined before going in that direction,” said spokesman Rayan Aguam.

Nonetheless, both of Potsdam state representatives said they might sponsor legislation to create a police district if both the town and residents in the former village requested it.

The issue is significant because the town would have to decide how to provide police coverage if the village – and its $2.2 million police department – were dissolved. Choices include creating a town-wide force and spreading the cost over all town taxpayers, providing no town police coverage and relying only on state police and county sheriff’s deputies, paying another agency such as the sheriff’s department to provide coverage, or creating a special district, which would result in village residents continuing to shoulder the entire cost.

The village Dissolution Study Committee describes creation of a special police district as “technically feasible but politically unrealistic” because the idea would probably fail to get the required approvals in the state Legislature. “I met with the subcommittee and advised them there was not a good chance it would pass,” said Russell, whose 118th Assembly District includes Potsdam. Her belief was reconfirmed following her informal inquiry to the governor’s office last week.

Griffo, the Rome Republican who represents the 47th District, which extends from Oneida County to the southern and eastern part of St. Lawrence County including Potsdam, said he would take a long look at any police district proposal before he would support it, and would want to find alternatives if he could.

“He would consider sponsoring a new police district, but most of the time, when a new police, fire or water district is created, there are accompanying fees,” or a “back door tax,” said spokesman Aguam.

Griffo would not speculate about chances of passage in the Legislature without seeing at least a draft of such a bill, Aguam said.

Assemblywoman Russell said that in spite of her assessment, if dissolution is approved and a police district is still wanted by Potsdam officials, she would want to introduce legislation in the Assembly to get it established.

“And I think if we were able to make a strong case, we would be able to pass it in the Assembly.

“I’m not sure about the Senate, though.”

Russell, a Democrat, is part of the Assembly’s Democratic majority. The Senate is controlled by its Republican majority members.

Even if it was approved in both chambers, there is one more stumbling block: Gov. Cuomo.

“Having worked with the governor’s office, I could guess at what the governor’s position would be,” Russell said.

She said the governor’s goal to reduce the number municipal governments, tax districts and authorities in the state has been firm.

With that in mind, she said, if dissolution is approved and one of those government entities – the Village of Potsdam -- is done away with, she doubted the governor would turn around and approve creation of another one, a police district with taxing authority.

“We were able to get the new Norwood Library District passed, but it would be on a case-by-case basis.

“I don’t think I want to give anyone false hopes. The governor does veto legislation. He did veto the 1812 Commission legislation,” a bill from Russell to create a commission that would help promote commemoration of that war in New York.

“So I’m not sure the governor would sign it into law, and before sponsoring the legislation I would have in-depth discussions with the governor’s office to see what he would do.”

She continued, “the governor’s office said they would not take a position on a theoretical piece of legislation, but it was clear they thought it would not follow the interest of the consolidation law to dissolve one entity and create another. The purpose of the legislation is to cut down on the number, not replace one form with another.”

Russell said that position could have other implications for dissolution in Potsdam.

“One of the largest risks of dissolution of the village would be that no police district would be created, or any other district they think they might need in the future.”