Former councilman’s testimony revealed
Gundersen thought clerk was leaking info to mediaBy RODNEY MINOR, The Leader-Herald
GLOVERSVILLE - Former 2nd Ward Councilman Lance Gundersen Sr. said part of the reason he voted to dismiss former City Clerk Gary Margiotta was because he suspected the longtime city employee was leaking information to the media, according to court documents filed Thursday.
According to the deposition testimony of Gundersen, there also were other reasons he voted to get rid of Margiotta, including the late production of meeting minutes, the lack of technical skills and inappropriate "outbursts."
Gundersen's deposition was attached to a request submitted by Elmer Robert Keach III, Margiotta's attorney, for a discovery conference with U.S. District Court Judge George H. Lowe.
Keach is requesting the conference because Gundersen's estranged wife has said she will not answer any questions about her conversations with the former councilman prior to an Internet post she made in January 2007 about the Margiotta situation.
Margiotta, a 16-year city employee, was confronted by Mayor Tim Hughes and Councilman-at-Large James Handy, and 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 to his position as city clerk. At the time, no explanation for the action was given to the public or the three-member council minority.
Hughes and the four council members who voted against Margiotta's reappointment - Handy, Gundersen, former 1st Ward Councilwoman Cynthia Morey and former 5th Ward Councilwoman Lou Ann Warren - all have been named as defendants in Margiotta's wrongful-termination lawsuit.
Attached to the letter requesting the conference in the U.S. District Court in the Northern District of New York was a copy of the Internet post "Mrs. Lance Gundersen" put up on the Gloversville Business Improvement District message board in January 2007.
"It may make a great deal of common sense for the public to know why certain council members lost confidence in Margiotta to the point of choosing not to reappoint him, but it doesn't make very good legal sense," the post said.
In the letter to the court, Keach said he is requesting the discovery conference because Gundersen is asserting he had spousal privilege when talking to his wife.
"Mr. Gundersen testified during his deposition that he had 'probably' spoken with his wife about Margiotta's situation, and that he knew she was going to post information about Margiotta on the Internet and did nothing to stop her," Keach said in the letter to the court.
Keach said in the letter that by doing nothing to prevent her from posting those statements, Gundersen essentially waived spousal privilege.
Since the council voted not to reappoint Margiotta, only Gundersen has publicly stated, on an Internet message board, why he voted not to reappoint Margiotta.
"In my opinion, Mr. Margiotta lacked the management, leadership and technical skills his office needed to be efficient. The clerk's office was chronically behind in the production of meeting minutes, and demonstrated little technical ability to spearhead modern changes in information dissemination," Gundersen wrote in October.
Gundersen said this morning he could offer no comment on the spousal privilege issue or his deposition.
Part of Margiotta's job was to make certain information would be available to people, Gundersen said during the deposition, and we live in a time when Web sites and e-mail are regular tools for that.
"Mr. Margiotta represented to me in no uncertain terms that he did not use e-mail, that he was not a good typist, and that he did not do anything much beyond uploading a few pages here and there to the Web site, and that was it," Gundersen said during the deposition.
In an e-mail exchange Gundersen had with at least one of the other council members who voted against Margiotta's reappointment, he wrote, "To me, the two biggest issues are that he is the apparent leak we've had for a long time to the press and that he cannot seem to follow orders."
According to the deposition testimony, Gundersen said his concern that Margiotta was leaking information to the press was not his main focus with the former city clerk's job performance, "regardless of what that hastily written emotional e-mail of mine from January first or fourth or whatever, says."
While information from Common Council executive sessions would turn up in the media within days of the meeting, Gundersen said, he was not able to provide details about any specific information Margiotta may have leaked.
During the deposition, conducted Aug. 1, Gundersen said he did not know the specific reason Morey voted against Margiotta's reappointment.
However, he said she also appeared to be distressed at times by Margiotta's behavior and job performance.
Morey said she had no comment this morning.
Councilman-at-Large James Handy cited three instances of insubordination on the part of Margiotta that prompted his vote to fire the clerk.
Both Gundersen and Handy cited an alleged outburst by Margiotta that occurred during a November 2006 budget review session. Margiotta supposedly became upset because a new city employee was expected to make as much or more than the then-deputy clerk Brenda Pedrick.
Gundersen also cited an outburst during a budget session that occurred because Margiotta supposedly was upset about not being budgeted to receive a new copier.
Keach contends Margiotta was removed from his position in a misguided attempt to keep former 4th Ward Councilwoman Shirley Savage from getting information about issues in Gloversville. Hughes and Savage clashed a number of times when both represented the city.
Keach could not be reached for comment.
Rodney Minor covers Gloversville. He can be reached at gloversville@leaderherald.com.
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Itzawlguhd2Grind
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09-30-08 7:00 PM
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is any one betting on who will get the movie rights??? when will it make the best seller list??? anybody want to give it a name??? i happen to like "the saga of timmyville" I am betting on it...I would love to have it myself, however....I have a question for each of...what level is your menza mentality anyhow??? If it took a chicken and a half a day and a half to lay an egg and a half, how long would it take a grasshopper with a wooden leg to kick all the seeds out of a dill pickle? Intellects only respond please
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Itzawlguhd2Grind
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09-30-08 6:49 PM
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Ah, another evening of free drama from the bowels of city hall. Ride 'em, lawyer! I like this Discobulous....I truly do. The "bowels" as referenced could be that of "speed bumps" for a previous member of this great small town....oh, almost forgot...he's not employed there any longer. LOL ps:itzawlguhd
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Itzawlguhd2Grind
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09-30-08 6:45 PM
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Pamoja...what r u thinkin? I do believe that G could have had a worse encounter ... like choking on a grande cazzo. Get Real! Get over it already and accept that merrit shop is for those that "get it done"!
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Itzawlguhd2Grind
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09-30-08 6:40 PM
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Cruella....You have a life...a life of envy? Jealously? or perhaps one with a "small mind". Get your focus in the proper direction...tend your kids! Got it? HOPE SO. Small towns....small minds. Take this as an opportunity for personal growth. Regrets Only....
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cruella
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09-07-08 10:11 AM
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Pamajo, I guess Gloversville is not part of the real world, because it`s allowed to go on here. AND it`s is not (is now having a romantic relationship with the Gary`s replacement) it`s been on going for some time now. I would say, right from the get-go!I really don`t know why her husband puts up with this.Mayor is not ever going to change, and at this point neither is she. Neither cares about anyone else that they are hurting. Not there children, or there spouses, or anything else.Wonder how clerk would have felt if someone had ruined her childs life. But I guess she don`t care even now or she would smarten up some.....
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cruella
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09-06-08 5:11 AM
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Hey there Teebzz, I think they do! Until that point is acrossed. It may never happen, because there`s others on here always making the remarks like you do. Seems to me, you make enough comments about everything, I see your post on just about all the comings and goings on here. And as far as Mr.Roboto, he`ll comment on this if he wishes. I happen to like to hear what he has to say!!
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indianajonesy
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09-06-08 2:17 AM
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It seems that we are getting closer to the truth! Mr. Keech--keep up the good work as it may lead to a seven figure settlement in this case. Can you imagine what musy have gone on in the "Executive Sessions" by this Council!!!
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teebzz
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09-05-08 10:39 PM
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cruella, im thinking MrRoboto doesnt have to make his point 100 times, like some people.
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cruella
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09-05-08 10:01 PM
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MR.ROBOTO, where are you? WE need a comment here!!!!! YOUR opinion is important to most of us.
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cruella
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09-05-08 9:10 PM
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Suzie, I just bet the council would like to get it over with, but again if that was the case, then that means again everything goes under the carpet as usual. So I think it`s just to bad about what everyone wants, or what the council whats, or what the Mayor whats. Tough, the truth must come out soon. And of course Timmy wants it over so he can pull more crap and get away with it. I think Mr.Margiotta needs to get his life back, but if this crap does not get told, I`m afraid he will never find closure. And to get that we need the truth. And don`t tell me about taxpayers money going up in smoke because of this, at least you know where that money is going. You might want to worry more about the money being spent that you don`t know about, like with the goings on of Mr.Mayor and his cheating heart girlfriend. Did I say girlfriend? I mean girlfriends!!!!!!!! As far as Mr.Margiotta working up to par, how do we know that, everythings been lies lies, and more lies. I GOT YOUR NUMMBER HUGHES!
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wolfman
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09-05-08 8:18 PM
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is any one betting on who will get the movie rights??? when will it make the best seller list??? anybody want to give it a name??? i happen to like "the saga of timmyville"
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Discobulous
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09-05-08 7:41 PM
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Ah, another evening of free drama from the bowels of city hall. Ride 'em, lawyer!
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realfedup
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09-05-08 6:02 PM
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Mr. Gunderson has heard from the people.Mr. Hughes is about to hear from the people & Mr. Handy will have his day also.Elected officials like this are the whole reason this city's in the shape it's in.Vote appropriatlly unless you want more of the same.
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lucycat43
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09-05-08 3:26 PM
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I am glad to see that you posted TWO political thugs and TWO arrogant politicians, because that is the "magic" number. Two of the so-called "Fab Four" and maybe a third one, had NO knowledge (as I was told) that Gary was to be removed on that day. They were just thrown under the bus and had their reputations sullied and dragged into a lawsuit because of the actions of TWO thugs who took it upon themselves to do so instead of waiting for the organizational meeting. Abuse of power ? You bet. To be fair, this current council has nothing to do with this lawsuit. They cannot undo what has already been done.
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PAMOJA
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09-05-08 2:27 PM
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It seems to me that there are a couple of other points that have been missed here. First, there was no reason to escort Gary from th building in the first place, the Council had the votes to not reappoint him. (They did the same thing to the Police Chief) Secondly, doesn't anyone find it curious that the Mayor is now having a romantic relationship with Gary's replacement, who is also a direct subordinate of the Mayor...in the real world this is just not allowed....then, another "yes, Mr. Mayor" Council is elected.
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Adirondackal
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09-05-08 1:33 PM
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Amazing that two people can't see the abuse of power issue that was raised here. There was nothing wrong with Mr.Margiotta other than the fact that he was sitting in a position that at least two political thugs wanted to fill with one of their cronies. Then, after violating employment contracts AND the city charter these two arrogant politicians STONEWALLED the other elected officials and refused to tell them why they had taken their sordid actions. The shame here is that the current council has decided that the judicial branch of government trumps the legislative and executive and refuse to even investigate wrong doing on the part of the politicians.
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SUZIE101
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09-05-08 12:43 PM
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I'm with you! The modern term "Get A Life" seems appropo and it seems like Mr. M has already moved on with his. Let it go!!! Pretty sure members of the council at that time, would like all of this to be over with, already! I know if I wasn't working up to par, I wouldn't be "reappointed", either. I just wouldn't be getting all this high profile media attention!
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StopTheFraud
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09-05-08 11:49 AM
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I can't believe this story is STILL getting this much attention. As Charlie Brown used to say, "Good Grief."
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