Saratoga Springs Commissioner’s FOIL Trial Resumes, Public Records Access Under Scrutiny

Ever wonder what really happens behind the scenes of local government? The trial of Saratoga Springs Accounts Commissioner Dillon Moran is back in court, bringing to light serious questions about public records access. Witnesses have shared compelling testimony regarding alleged efforts to bypass FOIL Act requirements. What will the judge’s decision mean for Government Transparency and accountability in the city?

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The highly anticipated trial involving Saratoga Springs Accounts Commissioner Dillon Moran is set to resume, bringing to the forefront critical questions about government transparency and public access to records. This legal battle, centered on allegations of unlawful prevention of public access to information, has gripped the community, as witness testimonies over two afternoons have shed light on the complexities and challenges of upholding the Freedom of Information Law (FOIL Act).

At the heart of the matter are three non-criminal complaints issued in November 2024 by the Saratoga County Sheriff’s Department. These complaints allege that Commissioner Moran, a Democrat, violated New York State Penal Law Section 240.65 on three separate occasions in early 2024 by issuing false sworn certifications in response to FOIL requests from Saratoga Springs Republican Committee Chairman Mike Brandi. These accusations underscore a serious breach of trust concerning `Government Transparency` and the integrity of public service.

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Key testimony emerged from Robin McFee, the city’s former FOIL officer. McFee recounted Moran’s dismissive attitude towards the requests, noting he found the situation “annoying” and lacked time, stating he would not handle them unless ordered. Critically, McFee testified that Moran claimed his personal phone was not “FOIL-able” and refused to provide information from it, despite her assertion that city business conducted on any platform, including personal devices, falls under `Public Records Access` regulations.

Further complicating the narrative was the testimony of local mortgage broker Anna Smith, spokesperson for the Short Term Rentals Alliance. Smith detailed how Moran initiated contact via a Facebook friend request during a City Council meeting, providing his city cell phone number and requesting a meeting about city business. This highlights the blurring lines between personal and official communication channels and their implications for accountability.

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Robert Millis, a friend of Moran and former event organizer, provided even more revealing insights. Millis testified that Moran offered him an “unfoilable means of communication” — a personal email address and Facebook — when Millis expressed discomfort about their business discussions being subject to public scrutiny. Moran’s own correspondence, presented in court, explicitly stated, “I maintain separate phones for a reason,” suggesting a deliberate attempt to circumvent FOIL Act requirements.

The trial also featured extensive testimony from Mike Brandi, the Saratoga Springs Republican Committee Chairman who initiated the complaints. Brandi detailed his numerous FOIL Act requests, particularly concerning Moran’s communications regarding short-term rentals. Despite knowing of existing messages through other witnesses, Brandi repeatedly received certifications from Moran stating there were no responsive records, leading him to believe these certifications were false. Brandi emphasized that Government Transparency and Public Records Access are fundamental to local government and his livelihood as an attorney.

Brandi further clarified his legal position, explaining that the certifications stated no “city records” satisfied the request, not that no records existed. He also admitted to providing evidence to law enforcement, recommending specific charges against Moran, including felonies, believing it was appropriate to pursue three separate charges given the nature of the alleged violations, highlighting the significant Legal Ethics implications.

With witness testimonies concluded, the trial is set to reconvene for closing statements from Assistant District Attorney Joseph Frandino and Moran’s attorney, Benjamin Hill. The judge, Jeffrey Wait, is expected to render a decision shortly thereafter, a ruling that could have significant ramifications for Government Transparency and the standards of Public Records Access for elected officials in Saratoga Springs and beyond.

The unfolding events in this high-profile case serve as a powerful reminder of the ongoing struggle to ensure accountability and openness in public office. The community watches keenly as the court deliberates on what constitutes a public record and the lengths to which officials must go to ensure the public’s right to know is upheld, reinforcing the importance of robust Legal Ethics in governance.

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