FOIL Request Sparks Allegations That Utica City Councilwoman Resides Outside Her District

A former claim against Utica Councilwoman Katie Aiello is rearing it's ugly head once again following the result of a Freedom of Information Law (FOIL) request. The issue regarding Ms. Aiello's residency were first questioned prior to her being elected to office in 2022.

A Facebook user that goes by the name of Franklin Whitely posted to his page the documents received in response to a FOIL request submitted regarding Councilwoman Aiello's primary residence. Those documents can be seen in the post below.

Why is this significant? Section 2.022 of the City of Utica Charter states very clearly,

No person shall be eligible for any elected City office unless at the time of election the person is a resident of the City. Whenever any City officer ceases to be a resident of the City or any district officer shall cease to be a resident of the district for which elected, the office shall thereby become vacant, except that a Council member who has served at least one year of the term for which elected shall continue in office for the remainder of the term.

One of the documents shown above seems to be an affidavit signed by Councilwoman Aiello's mother. Aiello's mother owns a home in Herkimer. The affidavit reads, "It wasn't until the last couple years when the upstairs (duplex portion) of the house was built and Katie and her daughters have now resided upstairs since her divorce in 2020." Katie Aiello took her first oath of office in 2022.

Several other documents shown in the post above indicate and affirm that Katie Aiello lives at a residence in Herkimer. It is believed that these documents are to allow her daughters to continue to be educated in the Herkimer School District. One of the documents is a letter from Katie to the district that states,

Accordingly, although the documents I have furnished appear to satisfy the HCSD residency policy as cited on at least two counts, pursuant to the Commissioner's rulings, and my children's father's insistence that they matriculate where the majority of their extended family lives for assistance with supervision & care when he and I are working, I do hereby affirm that my current "domicile" pursuant to NY State Education Law is [address in Herkimer, NY].

What's Next?

WIBX has been told by members of the Common Council that the documents are authentic. It's unclear what repercussion Aiello would face, if any, if it's proven that her primary residence is in Herkimer.

Common Council members say the topic will be brought up and discussed at Wednesday's Council meeting. It's likely a hearing will be requested so that Councilwoman Aiello will have the opportunity to address the allegations.

WIBX has reached out to Councilwoman Aiello and is awaiting a response.