City defends subpoenas in clerk case
GLOVERSVILLE - The law firm representing the city in the wrongful-termination lawsuit of Gary Margiotta is defending its decision to subpoena three current and former officials in the western New York village where the former city clerk is now employed.
According to documents submitted to the U.S. District Court in the Northern District of New York by the city's law firm, Girvin & Ferlazzo, "It is an irresponsible allegation for [Margiotta] to allege that the sole reason these depositions have been sought is to harass [him]."
The city's lawyers are seeking deposition testimony from the village of Avon's mayor, Thomas Freeman, its former mayor, Thomas Vonglis, and former village clerk, Robyn Harris.
Margiotta officially was dismissed from his position in Gloversville in January 2007. This January, he returned to his hometown of Avon in Livingston County and was named assistant clerk.
Elmer Robert Keach III, Margiotta's attorney, filed court documents Friday to stop the depositions.
In the documents, Keach wrote Margiotta testified no one employed with Avon knows about the lawsuit, and it did not influence the decision to hire Margiotta.
"The only reason these subpoenas are being issued is for the purposes of harassment," Keach wrote to the court.
In their response, the city's attorneys said they have a right and obligation to look into Margiotta's relocation.
"The obvious and legitimate purpose [for the depositions] is to explore the circumstances surrounding [Margiotta's] choice to leave public employment in Fulton County and relocate approximately 200 miles away to the Rochester area," the city's attorneys wrote.
Margiotta, a 16-year city employee, was escorted from City Hall by a police officer Dec. 29, 2006. A few days later, the Common Council voted 4-3 not to reappoint Margiotta. At the time, no explanation was given to the public or the three-member council minority.
Margiotta later sued. The city offered Margiotta $42,000 to settle the case late last month. Margiotta rejected the offer.
The city's attorneys requested U.S. District Court Judge George H. Lowe deny the protective order sought by Keach.
A hearing regarding the case is scheduled for today in Albany.
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upstatenydude
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07-17-08 9:13 AM
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I know Gary personally as a fellow municipal clerk. He is a dedicated individual and was a committed professional. I used to work in Gloversville and had dealings with the city government there. It appears not much has changed. I found them to be "questionable" people at the time (e.g., Schlagel, the Mayor, et al). I hope Gary cleans the city's clock. He deserves everything he gets.
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MrRoboto
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07-17-08 3:06 AM
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At least Tony Soprano had a conscience.
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morningstar
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07-16-08 11:19 PM
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It is clear that Gary knew more than they would have liked him to know. This is beginning to reek of mafia. Who knew that Gloversville could resemble The Sopranos!! A t.v. show is headed our way, I'm sure of it!
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Barbara
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07-16-08 11:07 PM
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If they are trying to find out why Gary left the postition at the Office for the Aging to work in Avon, it's pretty obvious that he did it to get back into a better job. It has nothing to do with the case at hand, so the City lawyers are barking up the wrong tree. Why are they bothering to drag Avon officials into Gloversville Business? Are they just trying to make it that Gary can not have a decent governmental job anywhere? Is it that they don't want Gary's retirement fund transferred to another place? What Gary does after he left Gloversville City Hall has nothing to do with the court case. Unless he walked out of City Hall with city documents and took them to Avon. How could that happen when he was escorted out of the building. I hope the judge will wrap this case up in Gary's favor and let Gary continue with his life. I also hope that Avon does not listen to anything Gloversville City Hall has to say in continuing to employ Gary.
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MrRoboto
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07-16-08 10:46 PM
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Tricky Tim is like a school in summer. No class.
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dogman12
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07-16-08 9:55 PM
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I was dog control officer and got fired for doing my job maybe I can sue ? (lol)
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Responding
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07-16-08 6:12 PM
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I know the city hasn't been able to respond to things, but responding this way is just plain stupid. I don't understand why the city wants to harass the man at a new job with another city? How does it benefit the city and more importantly the constituents of the city? Credibility of abuse of power is beginning to show here.
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taxpayer2
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07-16-08 5:54 PM
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It wasnt Garys choice to leave his job.The mayor fired him.Now they want to cause him more greef.To cover up another one of the mayors bad choices
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SNOWGRINCH
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07-16-08 3:18 PM
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We need Perry Mason for this case. I didn’t care at all when this story first hit the press, but now I can’t wait to see the ‘facts’ of this case.
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morningstar
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07-16-08 2:49 PM
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Sounds like a ploy to divert attention from the real matter of wrongful firing and misuse of public positions, all in addition to a dishonest and secretive local government...
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IKnooow
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07-16-08 2:17 PM
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That's just what I'm saying.
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FREEDOM
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07-16-08 1:38 PM
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I dont see the what his new job has to do with this case avon officials had nothing to do with his firing???and cant have any bearing on the case. Am I wrong?
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Concerned1
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07-16-08 12:16 PM
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What is this world coming to? I'm actually agreeing with Freedom! Didn't see that coming. During the hiring process, it is the future employer's responsibility to check on the applicant's background. So, either Avon's mayor checked and it didn't matter; he checked and didn't care; he didn't check and hired him anyway. The request for depositions can only be a weak attempt to negatively influence Avon's hiring decision. That's harrassment. However, the question of "200 miles" might be valid. If you were treated thusly by G'ville, is 200 miles far enough away? Might be your hometown but its ONLY 200 miles away.
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IKnooow
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07-16-08 11:55 AM
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It could be a good TV movie of the week, at least a Matlock episode. Is that still on?
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lucycat43
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07-16-08 11:30 AM
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After he left the City's employ, Mr.M. went to work for the Office of the Aging. Perhaps that is the "choice" they are referring to. As for the circumstances regarding his relocation, Mr.M returned to his hometown. Stay tuned folks. It ain't over 'til it's over.
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IKnooow
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07-16-08 11:14 AM
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"The obvious and legitimate purpose [for the depositions] is to explore the circumstances surrounding [Margiotta's] choice to leave public employment in Fulton County and relocate approximately 200 miles away to the Rochester area," Choice? Wasn't he escorted out of the building? What does his current job have to do with anything related to G'ville?
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FREEDOM
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07-16-08 11:02 AM
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Here we go again.
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