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.