Lewza files claim against town
Supervisor alleges information leaked
MILTON, N.Y. » Outgoing Supervisor Dan Lewza confirmed Wednesday that he’s filed a notice of claim against the town, a prerequisite to a possible lawsuit that alleges $340,000 in damages.
The claim alleges that Councilwoman Barbara Kerr, who is running for supervisor, leaked information about a confidential settlement agreement, involving a harassment charge allegedly brought against Lewza by his former personal assistant, Theresa Wilson.
The information Kerr allegedly shared was reported by an area newspaper causing Lewza “embarrassment, humiliation and mental distress from the town,” the claim says. It alleges damages of $200,000, plus another $140,000 for lost income.
Lewza, immediately following Wednesday’s Town Board meeting, declined comment about the notice of claim, the harassment charge, and whether this prompted his decision not to run for re- election. The final year of his third two-year term, which pays $48,221 plus $18,878 from
the county, expires Dec. 31.
Lewza is represented by Latham attorney Kevin Luibrand, who did not respond to a request for comment.
Kerr, a Reform Party candidate, denied leaking confidential information about the settlement agreement and said Lewza should resign before his term expires.
“The reason being I don’t believe he’s looking out for the best interests of the town by filing a notice of claim,” she said. “Secondly is his behavior at the meetings.”
Lewza and Kerr had a testy exchange of words Wednesday after she refused to vote for a tax cap override related to the town’s tentative $6.4 million budget for 2018. Kerr was the only council member opposed to the move.
“I find it irresponsible,” Lewza of Kerr’s vote.
Without the override, the town couldn’t maintain necessary services, he said.
“I don’t feel I’m being irresponsible,” Kerr said.
She said budget cuts would eliminate the need for a tax cap override, and said the board should address this before a budget hearing scheduled for 6:30 p.m. on Thursday, Nov. 9. But Lewza said the board already had two budget workshops, adding that Kerr should have proposed cuts during those sessions.
“Once again, protocol isn’t followed,” he said.
By filing a notice of claim, Lewza has one year to initiate a lawsuit against the town.
“It preserves your right to bring an actual complaint,” town Attorney James Craig said.
Craig, who would normally represent the town, has recused himself because the case involves an elected official, Lewza, taking action against the town and another elected official, Kerr.
“I can’t choose who I represent,” Craig said. “I’m conflicted out of it.”
He said the town’s insurance company, Albanybased NYMIR ( New York Municipal Insurance Reciprocal) will likely appoint an attorney to represent the town. A NYMIR spokesperson declined comment.
If the company doesn’t do this, three Town Board members other than Lewza and Kerr, could appoint an outside independent counsel. The other council members are Scott Ostrander, Frank Blaisdell and Benny Zlotnick.
Kerr is running for supervisor against Ostrander who defeated her in a September GOP primary. If Ostrander wins, Kerr still has two years remaining on her council position.