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Unchecked authority

Council President Newsletter — May 2026

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Sue Steele
Sue Steele
Council President
May 2026

May 12, 2026

Friends, neighbors, and fellow Trojans,

On Monday, the city council filed an Article 78 motion to overturn the mayor's illegal State of Emergency declaration to unilaterally pay Flock without the council's approval to spend taxpayer dollars. This is an important step toward restoring the balance of power at city hall.

I want to emphasize: this isn't about politics or personalities. Nor is it in opposition to law enforcement. This is about transparency, accountability, and the laws that govern our elected leaders and local government.

If this illegal emergency order is left unchallenged, we give this mayor—and any future mayor, regardless of political party or ideology—unchecked authority to issue emergency declarations whenever they disagree with the council on any issue. Because we live in a democracy, we resolve policy disagreements with debate, not at the whim of our city's chief executive.

You can read the full release below. I will keep you updated as more information is available.

Onward,

Sue Steele
Council President

TROY CITY COUNCIL FILES LAWSUIT TO OVERTURN MAYOR'S ILLEGAL STATE OF EMERGENCY

Troy, New York (May 11, 2026) – The Troy City Council today announced legal action to block Mayor Mantello's illegal "state of emergency" declaration to spend taxpayer money without authorization of the city's legislative branch.

On Monday, the City Council filed an Article 78 motion in Rensselaer County Supreme Court. The motion seeks to vacate the mayor's Emergency Order declaring a local state of emergency and the illegal, unilateral renewal of the City of Troy's proposed contract with Flock.

A joint statement from the Council is below:

"Because we live in a democracy, policy disputes are resolved through the democratic lawmaking process—not at the whims of a single chief executive. The actions taken today are a necessary next step to restore the balance of power at city hall and rebuild public trust in our elected officials and local government. The mayor has gone far beyond her lawful authority. If left unchallenged, it sets a dangerous precedent where the mayor can claim a public safety emergency anytime she disagrees with the legislative branch, creating an unchecked power that echoes what is happening in Washington."

Background

The council's legal action stems from a series of procedural violations and a lack of transparency regarding the city's use of ALPR technology provided by Flock, unanswered questions on the proposed contract with the company, and the mayor's improper use of the city's state of emergency powers.

Late Submission and Public Opposition

The proposed contract renewal for Flock was not provided to the Council until March 13, 2026—less than a week before the scheduled renewal meeting and after the 30-day renewal period had already begun. During the March 19 Council meeting, many residents attended to voice near-unanimous opposition to the renewal. The Council tabled the proposal after the mayor, deputy mayor, and a Flock representative failed to answer critical questions regarding data security, privacy, and information sharing.

The Council had requested a 30-day extension to facilitate further discussions on these safeguards, but the administration did not respond.

Pause in Payments to Flock and Mayor's "Emergency" Declaration

On March 31, the City Council directed the City Auditor to pause all payments to Flock until the administration could address outstanding questions and public concerns regarding the use of Flock's automatic license plate readers (ALPRs). This pause was enacted after the administration refused to engage in direct dialogue with the Council.

In direct response to the payment pause, Mayor Mantello declared a state of emergency. This declaration was used to bypass the Council's authority and authorize payments to Flock without legislative approval—a move that is a direct violation of the city charter. Earlier this year, the Mayor had claimed the contract had automatically renewed, despite the city's attorney publicly confirming that such a renewal required Council authorization.

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