Commissioner Moran Found Guilty and Censured

found guilty.
Accounts Commissioner Dillon Moran was ordered to pay $660 in penalties after he was found guilty of violating New York State’s Freedom of Information Law (FOIL).
The verdict came after a three-day long bench trial which ended on Aug. 28 and centered on three FOIL requests made by Saratoga Springs Republican Party Chair Mike Brandi. According to prosecutors, Moran purposefully withheld documents subject to FOIL by issuing certificates saying the requested materials didn’t exist.
The three FOIL requests in question were related to messages sent by Moran in relation to the city’s short-term rental legislation which was being considered at the time the messages were sent.
Through the testimony of Anna Smith, an advocate for short term rental owners, Sarah McFee, the FOIL officer for the City at the time the requests were sent, Brandi, the prosecution, showed that messages not only existed but would’ve been subject to FOIL.
In addition, Robert Millis, a local music executive and event organizer, testified that Moran had told him that several of his devices were not subject to FOIL and that he maintained two phones for a reason.
While Brian Hill, Moran’s defense attorney, tried to argue there wasn’t a deliberate effort to conceal the records and some of the records might not have been subject to FOIL, City Court Judge Jeffrey Wait disagreed.
“I first find that the evidence is sufficient to demonstrate that the text messages in question were subject to disclosure under the Freedom of Information Law,” Wait said in his ruling. “I also find that Commissioner Moran knew this. Furthermore, the evidence shows that he was told by the city’s Freedom of Information Officer and by the assistant city attorney that text messages concerning city business were subject to disclosure, and that this was true, even if they were recorded personally.”
Wait also noted that while he couldn’t find any rulings on officials being charged with violating the FOIL law, the legislative memo clearly states that there needs to be consequences for violating the law.
Following the trial, Hill said that he disagreed we the judge’s verdict that he planned to appeal and that there were several fundamental legal issues with the case.
In addition to the trial and fine, Moran also faced censure by Saratoga Springs City Council. The censure motion was introduced by Public Safety Commissioner Tim Coll and also called on Governor Cathy Hochul to investigate Moran’s misconduct.
During a contentious City Council meeting, Moran objected to the censure and called the investigation into him and others politically motivated. Ultimately the measure passed with Coll, joined by Republican Public Works Commissioner Chuck Marshall and Mayor John Safford voting in favor while Moran and fellow Democrat, Finance Commissioner Minita Sanghvi opposing the measure.









