Judge strikes city’s $42K offer from record in ex-clerk’s case
By RODNEY MINOR, The Leader-HeraldGLOVERSVILLE - The $42,000 settlement offer made by the city to former City Clerk Gary Margiotta has been removed from the public court record.
U.S. District Court Judge George H. Lowe posted an order on the court's Web site Tuesday that essentially makes the settlement offer inaccessible. A hearing will be conducted on the filing of the document and other issues in the case July 11 in Albany.
The settlement offer was made public when it was filed Monday by Margiotta's attorney, Elmer Robert Keach III, as part of his client's rejection of the city's offer.
Margiotta, a 16-year Gloversville employee, was escorted by a police officer from City Hall on Dec. 29, 2006. A few days later, the Common Council voted 4-3 not to reappoint Margiotta to his position as city clerk.
In the wrongful-termination lawsuit later filed, Keach alleges Mayor Tim Hughes and the majority of the Common Council had Margiotta removed in order to silence former 4th Ward Councilwoman Shirley Savage. Keach contends the people who had Margiotta removed believed he was assisting Savage in her attempts to dig up information about city programs and issues.
It is clear from the documents filed Tuesday that one of the attorneys representing the city in the case, Gregg T. Johnson, objected to the public filing of the settlement offer in a letter to Lowe.
While Johnson's letter is not filed on the court's Web site, Keach's response to it is.
"Contrary to Mr. Johnson's allegations, Mr. Margiotta's rejection was filed on the court's ECF system to definitively establish the dates on which the [settlement] offer was made and rejected to protect the record," Keach wrote.
In a previous case where the two lawyers were at odds, Keach explains in the letter, Johnson challenged whether a settlement offer was properly rejected.
"... It is now the standing practice of my office to file rejections of [settlement] offers with the court," he wrote.
Keach declined to elaborate on his letter to Lowe Tuesday.
"I stand by my written submission to the court," he said.
Johnson, of the Girvin & Ferlazzo law firm, did not return calls seeking comment.
The case is still in the discovery phase, in which both sides are gathering information to use at trial.
Lowe has issued a temporary protective order in the case to stop deposition testimony and other discovery material from being made public. He still is considering whether to grant a broader protective order requested by the city.
Keach has requested the court issue sanctions against Hughes and former 2nd Ward Councilman Lance Gundersen Sr. Keach alleges they destroyed evidence - e-mail messages - relevant to the case.
Rodney Minor covers Gloversville. He can be reached at gloversville@leaderherald.com.
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Patriot1
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07-03-08 1:05 PM
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Just one more manifestation of a failed state - a failed local government operating within a failed county.
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MrRoboto
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07-02-08 11:33 PM
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Heck, zeus...that's not a half-bad idea. But what about tar and feathers? The stocks? Something along those lines?
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zeus77
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07-02-08 6:51 PM
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maybe the taxpayers should give the mayor an offer to leave the city and not return. Just a thought.
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taxpayer2
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07-02-08 5:20 PM
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Coverup the city is trying to hide the fact they did wrong to Gary.Coverup Coverup thats the way our mayor is.He should just leave this city and never come back
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wirlwind
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07-02-08 3:17 PM
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Plus, Gloversville's government is not what I want to give money to.
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wirlwind
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07-02-08 3:13 PM
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We are in two years. We will visit, but never own land again and pay New York States' high taxes
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lucycat43
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07-02-08 3:07 PM
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Oh C'Mon Roboto ! Surely you cannot think that Gloversville officials have something to hide ! End sarcasm.
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countrygirl
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07-02-08 1:45 PM
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I'm sooooooooo glad we moved out of fulton county. From what I hear, alot of others are planning on it too. It sure isn't what it used to be
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MrRoboto
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07-02-08 1:29 PM
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And, once again, Gloversville's attorneys are denying information to the public!
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