SeeClickFix back on and new rules for prior written notice

ALBANY, N.Y. (NEWS10) -- Albany's Common Council held an emergency meeting to propose a change to the verbage of Local Law M of 2024 when it comes to prior written notice. The meeting answered questions on the future of the controversial app, SeeClickFix. This coming after an appeals court ruling found in favor of a complainant against the city when a resident crashed his motorcycle and was injured on a city roadway.  

But before the common council voted, city residents spoke up on the issue. Some against the action. “The court of appeals has already said what prior written notice is. They've clarified that. SeeClickFix is prior written notice. In the law that you're passing today, that you intend to pass today, serves solely to make it more difficult for people to submit notice of issues,” said Albany resident Jesse Sommer.  

And there were some residents for it. “The street was repaired. There was another time a tree branch fell, which was down by the school, which created a hazard for the kids. I call and within a fair amount of time, it worked. It was fixed,” said Albany resident Thomas Moore.

The City of Albany maintains its disclaimer that a written notice must be just that, a written notice. “It is up to the municipality to determine the definition of prior written notice, but they did not feel comfortable that prior written notice, if you just simply define it as prior written notice with no other further descriptors, that putting something into an app is written and it’s notice,” said Albany Mayor, Kathy Sheehan.  

The mayor explained what an acceptable form of a written notice would be and why it must be that way. “We are clarifying that prior written notice for purposes of damages, liability attaching, needs to be in writing. Either delivered by hand, by US mail, or by certified mail to our corporation council,” said Sheehan.  

Some of the common council members calling it a knee jerk reaction from city leadership in the mayor’s office. But all agreed it was a service to the residents to help provide a level of transparency. The mayor defended her office’s stance on the issue. “Sometimes people exceed the speed limit, and they hit a pothole, and they get a flat tire. Sometimes people get a flat tire, and they blame a pothole that was not there.” She says the new changes will defend the taxpayer, “This is what happens in litigation. And it is why we are asking for this prior notice so that we don't have to hire ten more lawyers to spend all of their time in court determining these issues of fact,” explained Sheehan.  

In a digital era, the common council said they are looking for a way to provide for a prior “digital” notice. “Our citizens should have the right to electronically send notice. And if the problem doesn't get fixed, the city should be, any municipality should be, held liable for those damages that occur after that,” said Common Council President, Corey Ellis.