Clifton Park board authorizes town attorney to answer $417,032 lawsuit and sue highway superintendent

The Town of Clifton Park Town Board on Monday authorized the town attorney to answer a verified complaint filed by Callanan Industries Inc. and related entities and to file a third‑party declaratory judgment action against Highway Superintendent Dan Bull.

Town attorney Paul told the board Callanan and related entities provided “$417,032.87 worth of asphalt products for paving” in 2024 and that the town is now being sued for payment. He said New York Town Law §2‑84 requires a February agreement between the town board and the highway superintendent to authorize paving projects, and that Section 65 of Town Law requires board approval to answer the complaint and to commence the third‑party action. “I need authorization, 1, to answer the complaint and 2, to commence the third party action,” Paul said.

Supervisor Barrett framed the action as a response to repeated procedural failures. He said the board has experienced “2 years in a row” of issues with the superintendent’s handling of the February agreement process and noted a New York State controller’s opinion indicating that if a superintendent pays or permits work outside a valid February agreement, the superintendent may be personally responsible for those expenses. “I cannot approve those expenses,” Barrett said, arguing the third‑party suit is necessary to protect the town and resolve liability.

The resolution read into the record authorized the town attorney to file an answer on behalf of the town and to pursue a declaratory judgment against Dan Bull to determine whether a valid February agreement existed for 2024 and whether payments made without such an agreement are the superintendent’s responsibility. Board members expressed concern about legal costs and urged a swift resolution; the attorney said pursuing declaratory relief should accelerate settlement and reduce cascading expenses.

The board recorded that action was taken in executive session and then voted to put the authorization on the record; the motion passed by majority vote (individual vote tallies were not specified in the transcript). Next steps are for the attorney to file the answer and the third‑party complaint in the pending case brought by Callanan Industries and Beltline Products Company.