Update on Status of Trask and Ford Litigation
This summary is in response to many questions being asked by
Town residents about the status of the lawsuits filed by Brian Trask and Dan
Ford against the Town of Alma. Many of the things that are being said about
these cases are not accurate.
Brian Trask
• On January 25, 2019, the Town Board exercised its right
under the collective bargaining agreement between the Town and the Union
representing the Highway Department employees to terminate the employment of
Brian Trask during his probationary period.
• Mr. Trask refused to accept his termination and has
continued to report to work at the Highway Department with Mr. Ford’s approval
despite the fact that he has not been an employee of the Town since January 25,
2019.
• Mr. Trask retained a lawyer to sue the Town for the
“wages” that he claims to be owed based on the fact that Dan Ford continues to
let him work at the Highway Department. Mr. Trask’s attorney is seeking more
than $200,000 from the Town.
• The Town is currently defending itself against Mr. Trask’s
lawsuit and it currently has a motion to dismiss that lawsuit waiting to be
heard by the federal court.
• The Town Supervisor has also made a demand to Mr. Ford
that he indemnify the Town for all damages and any attorney fees for which it
may be found liable based on the fact that Mr. Ford is the person permitting
Mr. Trask to come to work at the Highway Department despite having been told
that he is not to permit Mr. Trask to do any work for the Town.
• In addition to Mr. Trask’s lawsuit, the Union filed a
grievance on his behalf protesting the Town Board’s action of terminating his
employment. The Union represented and paid for Mr. Trask’s legal defense for
the arbitration. The same lawyer that represents Mr. Trask in his lawsuit
against the Town also represented Mr. Trask at the arbitration.
• The Town Supervisor was at the arbitration represented by
our Town attorneys.
• On January 20, 2020, an independent arbitrator jointly
selected by the Town and the Union ruled that the Town Board lawfully terminated
Mr. Trask’s employment during his probationary period.
• To date the Union has refused to comply with this
arbitration decision which has caused the Town to have to file a petition in
court to enforce its rights under the arbitration award.
• Dan Ford was directed in January 2019 and again after the
arbitrator issued his decision in February 2020 to carry out the Town Board’s
decision and cease permitting Mr. Trask to work at the Highway Department.
• Mr. Ford continues to refuse to comply with the Town
Board’s directive, even though an arbitrator said that the Town Board acted
within its rights under the collective bargaining agreement.
• Every day that Mr. Ford illegally permits Mr. Trask to
“work” for the Highway Department increases the potential liability to the Town
and its residents.
• To date Mr. Ford owes Mr. Trask $53,342.00 as his own
personal employee.
Dan Ford
• It is the Town’s position that Mr. Ford is also no longer
an employee of the Town, and has not been an employee since as early as August
2018.
• Mr. Ford’s position as a Town officer was automatically
vacated by operation of law due to his failure to maintain the bond required by
Town Law §25.
• Mr. Ford’s bond was terminated on August 16, 2018 when the
Town filed a proof of loss with its insurance company regarding Mr. Ford’s
failure to pay over moneys, he received for the sale of Town scrap, as required
by Town Law §27. Under the bond’s terms, it provides no subsequent coverage for
a Town official such as Mr. Ford after the Town becomes aware of a theft or dishonest
act committed by such official.
• To date Mr. Ford has never submitted a complete and
accurate accounting to the Town Supervisor about the sale of Town scrap despite
requests to do so.
• Mr. Ford is also currently suing the Town claiming that he
is still the Highway Superintendent. Mr. Ford also filed claims against the
Town Supervisor and Board members seeking money damages and attorney fees.
• In July 2019 Town went to court in Little Valley New York.
Judge Moriarty threw out the claims against the Town Supervisor and Board members
and threw out his claim that the Town pay for his legal fees.
• Judge Moriarty also said that he needed to have a hearing
to determine whether Mr. Ford lost his position as the Highway Superintendent.
Judge Moriarty continued to order that Mr. Ford receive his pay even though he
did not find that Mr. Ford is still an employee of the Town.
• To date we have not had the hearing because Judge Moriarty
retired at the end of 2019, the case has been transferred to a new Judge, and
New York Courts have been closed for hearings due to the pandemic
• Mr. Ford’s attorneys want to settle this case by having
the Town pay for Mr. Ford’s attorney’s fees. The Town’s attorneys have advised
the Town Board that there is no basis in the lawsuit for the payment of Mr.
Ford’s attorney’s fees and that any payment to Mr. Ford would constitute a gift
to Mr. Ford since his claims for money damages were dismissed by Judge
Moriarty. State law prevents town boards from gifting taxpayer money.
