by Alex Brooks
Former Grafton Town Supervisor and Bookkeeper Tyler Sawyer has filed a “Notice of Claim” against the Town of Grafton claiming damages to his personal and professional reputation from statements made about him by “agents, servants, and/or employees of the Town.”
[private]A “Notice of Claim” is not an actual lawsuit, but it is the first legal step towards a lawsuit. Many times a “Notice of Claim” is filed and no lawsuit follows, because the aggrieved person and the municipality are able to resolve their differences without litigation. The “Notice of Claim” provides the municipality with an opportunity to evaluate the claim and respond to it as they see fit, prior to actual court proceedings.
Sawyer claims that statements made by former Grafton Bookkeeper Victoria Nellis in her June 30 resignation letter, which was read in a public meeting by Deputy Supervisor Cathy Goyer, were “false and defamatory.” He also cites comments made by Goyer at that meeting, as well as earlier statements she made to The Eastwick Press and to the New York State Police. Sawyer’s claim says that some of these statements include allegations that Sawyer accessed, without authority, Town computers and “improperly tampered with Town of Grafton records.”
These statements Sawyer asserts to be false, and he claims damages of $1,000,000.
Town Attorney Sal Ferlazzo said a “Notice of Claim” is a relatively informal document, and no formal response is required. The Town has the option to convene a deposition to have Sawyer elaborate under oath on the substance of his claim, but it is not required to respond in any way. The Town has not yet come to any decision on how to respond.
Town Supervisor Ray Darling confirmed that the Town had received the Notice of Claim, but he declined to comment. Tyler Sawyer also declined to comment, saying, “It’s in the hands of the attorney.”
In general, a person with a grievance against a municipality is required to file a “Notice of Claim” within 90 days of the incident in order to preserve his or her right to sue. If he, or she, decides to proceed with litigation against the town, it must be commenced within 1 year and 90 days of the incident.
Editor’s Note: To be clear, Cathy Goyer’s statements to the Eastwick Press in early June regarding the tampering of the Town’s computers did not mention a suspect nor has this paper, at any time, alleged any wrongdoing by Tyler Sawyer in this matter. Nellis’ letter, read in an open Town Board meeting on July 9, is a matter of public record and was referred to by our reporter in that context.[/private]