Saratoga Springs council votes 3-2 to censure Commissioner Dylan Moran after FOIL conviction

The Saratoga Springs City Council voted 3-2 on Tuesday to censure Commissioner Dylan Moran for actions the council said unlawfully prevented public access to records, and directed the mayor to forward the resolution to the governor for review.

The resolution, introduced and moved by Commissioner Cole, cites Article 6 of the New York State Public Officers Law (the Freedom of Information Law), New York Penal Law Section 240.65 and City Charter Section 2.2. The resolution says Moran was found guilty in Saratoga Springs City Court on Aug. 29 of three counts of Penal Law Section 240.65 for willfully concealing public records and that the council therefore condemns his conduct.

Mayor Safford read language from the court decision during debate, saying the judge found evidence that “Commissioner Moran had a second cell phone for the very purpose of concealing retrievable records.” Mayor Safford framed the censure as the council’s duty to call out conduct it found incompatible with public office.

Commissioner Moran defended his right to appeal the court’s judgment, telling the council, “I have the right to appeal. I have multiple avenues for appeal,” and said he would pursue them.

Supporters of the resolution said the action was necessary to preserve transparency and public trust; opponents called the measure politically motivated and urged the council to wait for the appeals process. After brief remarks the council took the roll-call vote; the mayor announced the resolution passed 3-2.

The resolution requests that the governor review the matter under Section 33 of the Public Officers Law and directs the mayor to forward a copy of the censure to the governor’s office.

The council did not record an individual roll-call breakdown for the public announcement beyond the 3-2 tally.