Revised law will attempt clarity, but can it?
City council members at odds over what to do about legal bills.
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The Saratoga Springs City Council plans to take public input on a revision of the defense and indemnification law, Chapter 9 of the city code, which is the law that allows the city to cover legal expenses for elected, appointed or volunteer city workers, if they are sued while conducting official city business.
A draft of the revised law is not yet completed, but Mayor John Safford told the Dispatch the new law will completely replace the current law using an edited version of the state’s Public Officers law Sections 18 and 19.
Those sections deal with indemnifying the state employees — elected, appointed or volunteer — from legal bills if they are sued in civil court (Section 18) or as part of a criminal proceeding (Section 19). These laws only cover the bills if people are found not to be at fault.
“I’m just going to get rid of it,” referring to the current law, Safford told the Dispatch.
Commissioner of Accounts Dillon Moran and his Deputy Commissioner Stacy Connors are two people at the center of the issue.
They had collected legal bills during the time in 2024 that the state police were investigating how a law was approved by the council but then edited at some point later by the time it was officially codified with the state.
Moran was not named in the investigation except by his role as a keeper of records for the city. No charges were filed.
The Saratoga Springs Republican Party Chair Michael Brandi brought the lawsuit saying that Moran and three others had no expectation of getting paid for those bills, and Judge James E. Walsh agreed with the plaintiff and vacated a vote by the city council that would have paid the legal fees of Moran, Connors, then-Commissioner of Public Works Jason Golub and city employee Brooke Van Buskirk.
At that point, the city was looking at legal options, such as a possible appeal. The mayor said it would require “many conversations.”
Moran maintains that in a meeting with the city council, the City Attorney David Harper said the council should seek outside counsel about an appeal, but they did not.
“The city attorney told us in that session that he is not capable of providing the adequate judgement,” about an appeal, Moran told the Dispatch.
In the meantime, Safford and Coll issued a press release about the situation saying they did not support the appeal that Moran added to his section of the agenda for the Aug. 5 meeting. They have pressed for a change in the law.
They cited two portions of a letter from attorney Harper in which he says an appeal likely would not win, and that the law, Chapter 9 of the city code, would not support the payment because it dealt with criminal proceedings, not civil.
Moran still thinks the appeal is the better tack.
He read a letter from an attorney with the New York Council of Mayors during the Aug. 5 city council meeting.
In it, they attorney said the group would likely support an appeal of the case with an amicus brief, or a legal statement of support from the group. Both Commissioner of Public Safety Tim Coll and Commissioner of Public Works Charles “Chuck” Marshall questioned whether or not the attorney of NYCOM could speak for the board or others who would have a say in the amicus brief.
Moran has appealed on his own.
The revised law will address concerns the mayor has, making sure the law clearly supports employees in civil and criminal procedures, and creating a process employees must follow before engaging a private attorney, if they hope to be reimbursed.
Moran maintained that he spoke with Harper before hiring the law firm. The mayor questioned that and said he knew that others had followed procedures.
Asked if Moran might resubmit his claim for the attorney fees under the new law, the mayor said, “Possibly.”
The revised law will be posted before the next council meeting Aug. 19. The public hearing will take place 6:30 p.m. in the City Council Chambers of City Hall, 474 Broadway.
City Assistant Attorney Tony Izzo could not be reached for comment before posting time.
The mayor is endorsed by the Saratoga Republican Party. Tim Coll is endorsed by the Saratoga Republican and Democratic parties. Moran is endorsed by the Democrats. All three are running for re-election this fall.
