LETTER: The 311 on Notifying City By Email

(PHOTO: 311 - The Court of Appeals says the City may require written notice not electronic notice. On January 8, 2025, the Rye City Council considered a proposal to amend the local law to prevent electronic notice from being sufficient written notice.)
(PHOTO: 311 – The Court of Appeals says the City may require written notice not electronic notice. On January 8, 2025, the Rye City Council considered a proposal to amend the local law to prevent electronic notice from being sufficient written notice. It is being discussed again at the Council’s January 29th meeting.)

In a letter to Rye Mayor Josh Cohn and the Rye City Council, Milton Road resident Tom Tobin takes issue with the City’s plan to adoption a Charter amendment so email notification no longer has the same legal authority as the good old postal mail.

Here is Tobin’s letter:

(PHOTO: Milton Road resident Tom Tobin. Contributed.)
(PHOTO: Milton Road resident Tom Tobin. Contributed.)

Good afternoon, All.

On the agenda items for tonight’s City Council Meeting is an amendment to the City Charter so that an e-mail notice of an unsafe condition will no longer satisfy the Code’s requirement under C23-1 that the City be notified of an unsafe condition and allowed a reasonable time to correct that unsafe condition, before it can be held accountable for any injury caused by the condition.

I can certainly understand the motivation for such an amendment.  Absent some explanation, however, I do not think that the amendment is in the public’s best interest:

  • Realistically, in today’s world, no one can be expected to write a letter and have it delivered by snail-mail complaining of an unsafe condition.  Doing so would arguably only delay the process of addressing the hazard.  People, very understandably,use email as a primary means of communication.  A unilateral, self-serving Code amendment that e-mail does not comprise appropriate legal notice is actually somewhat backward and shocking.
  • Without the amendment, the City is still free to challenge the reasonableness of any email notice.  A single email notice to non-managerial staff would obviously not be as reasonable as multiple emails to the City Manager.
  • People ought to be able to rely upon the City to act reasonably.  If the City is placed on notice of an unsafe condition and it does not act within a reasonable period of time to correct the condition, the citizens of the City ought to be able to hold the City accountable for any injury caused by the unsafe condition.  This is the same standard that each of us are held to individually.  The City ought not be able to side-step accountability because its notice of an unsafe condition was by email rather than any other means.
  • The proposed amendment may actually encourage outrageous conduct that no one could possibly want or support.   City officials may receive e-mails about unsafe conditions, but because of the proposed amendment the City will have no incentive or sense of urgency to correct the unsafe conditions.  They will know that they are insulated from any potential liability.

I urge you to oppose the amendment.

Tom Tobin
Milton Road

City Charter C23-1

RELATED ARTICLES

Leave a Reply

Your email address will not be published. Required fields are marked *