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Judge Ridge finds no contempt or bad faith in Michelle Previn case, board member reports
Summary
Board member reported a court ruling that denied contempt and bad-faith findings against the board in Michelle Previn's request for video footage; the board was credited for conducting a diligent, good-faith search for the recordings.
A board member told the Erie County Board of Elections on March 13 that a court decision from Judge Ridge found no contempt and no bad-faith conduct by the board in a claim brought by Michelle Previn seeking preservation and disclosure of video surveillance footage.
The board member read portions of the judge’s opinion into the record, saying the court concluded that the board did not act in willful or intentional defiance of its earlier order about custody and preservation of video surveillance recordings. The member also read that the court found county staff — including Julie Slomski (the former county council clerk) and Karen Shilcott (her successor) — had “done everything they could have reasonably done” to obtain and preserve the requested recordings.
The court opinion, as summarized aloud at the meeting, said the plaintiff failed to present evidence supporting a claim of bad faith and that the board had conducted a good-faith search with appropriate county representatives being diligent in attempts to obtain footage from other agencies and businesses. The board member who reported the decision called it “fantastic” and board members briefly acknowledged the ruling.
The board did not take formal action on the court decision during the meeting; the item was presented as an informational update and the member said he had received the opinion within the prior hour.
Ending: The board asked staff to gather additional information and return to a future meeting if more follow-up is needed.
