Moran Charged With Falsely Signing Certifications Related To FOIL Requests

Saratoga Springs Accounts Commissioner Dillon Moran has been charged with “Unlawful Prevention of Public Access to Records” according to a press release issued by Mike Brandi, chair of the Saratoga Springs Republican Committee. Moran has been ordered to appear before Judge Jeffrey Wait in City Court on December 19, 2024.

According to the release:

“Moran issued three separate [false] certifications swearing under penalty of perjury that he conducted a diligent search of his records and had no responsive records in relation to Brandi’s requests.”

This Blogger’s Experience

In past posts on this blog, I have reported that Moran claimed to have no documents responsive to my requests when common sense would have dictated that there should have been documents. For example, this blogger had asked for documents that would have recorded how he arrived at the charges for restaurants’ and bars’ use of public property. I was told that no such documents existed. I attributed the lack of documents to Moran picking the numbers out of the air, but Brandi’s disclosure suggests otherwise.

The Brandi Press Release

Saratoga Springs Commissioner of Accounts Dillon Moran Charged with Three Violations of NY Penal Law §240.65 – Unlawful Prevention of Public Access to Records.

After an investigation by the Saratoga County Sheriff’s Office, Dillon Moran, Commissioner of Accounts for the City of Saratoga Springs, has been charged with three counts of violating NYS Penal Law §240.65 (Unlawful Prevention of Public Access to Records). These charges stem from Moran’s issuance of three allegedly false sworn certifications, which appear to have been made with the intent to conceal public records and obstruct the Freedom of Information Law (FOIL) process. Moran is set to be arraigned in Saratoga Springs City Court at 9AM on December 19, 2024. The case is pending under case number CR-04322-24.

The violations were uncovered after three FOIL requests submitted by local resident Mike Brandi in 2024. In response to those requests, Moran issued three separate certifications swearing under penalty of perjury that he conducted a diligent search of his records and had no responsive records in relation to Brandi’s requests. These statements were proven untrue by subsequent disclosures. Notably, one such instance revealed a text message in which Moran advised a third party to use his personal phone in an effort to avoid FOIL disclosures, stating, “[t]his is the non foilable personal phone. Feel free to use it.”

“I just want to be able to exercise my rights under FOIL without fear or favor. This should not be a big ask, but a foundational right of any citizen.” Brandi said.

The New York State Committee on Open Government (COOG), is clear that communications regarding government business on personal devices are subject to FOIL and the fact that a public official may use a personal cell does not shield records from transparency laws.

Legal Background

The Committee on Open Government, in Opinion FOIL-AO-f14692 advised:

“§89(8) of the Freedom of Information Law and §240.35 of the Penal Law concern the “unlawful prevention of public access to records. The latter states that: ‘A person is guilty of unlawful prevention of public access to records when, with intent to prevent the public inspection of a record pursuant to article six of the public officers law, he willfully conceals or destroys any such record.’

From my perspective, the preceding may be applicable in two circumstances: first, when an agency employee receives a request for a record and indicates that the agency does not maintain the record even though he or she knows that the agency does maintain the record; or second, when an agency employee destroys a record following a request for that record in order to prevent public disclosure of the record.”

Moran has been charged with three counts of violating §240.65. Unlawful prevention of public access to records is a violation meaning each count is punishable by a maximum of 15 days in jail and/or a fine of up to $250.