219 PM UPDATE
Seneca County DA Barry Porsch sent the following statement regarding his filing a notice of claim against the county and a county employee . He states that he is not seeking monetary damages in this matter.
I have not commenced a lawsuit. I have filed a notice of claim, which is not a lawsuit. I am not seeking any money. The notice of claim allows the County and I to discuss the issue at hand. At the start of the campaign season, a low-level county employee made a false allegations against me to a State Agency. My goal in filing the notice of claim is to correct an ongoing problem the DA office has with this individual who is attempting to exceed her authority and influence the manner in which cases in Seneca County are prosecuted. Because she acted in her capacity as a county employee, I was forced to file a notice of claim with the County. The law places time limits on such notices, and I had 90 days to file. Furthermore, the law requires that a monetary amount be listed in the notice, but again I stress that I am NOT seeking any money. Instead, my goal is to assure the citizens that crimes will be prosecuted to the fullest extent, but in accordance with the laws and rules that govern my office. I am seeking an acknowledgement from the employee that what she did was wrong, and an assurance that it will not happen again. I am meeting this evening with the County Board of Supervisors and County Attorney where I expect the issue to be resolved
Seneca County District Attorney Barry Porsch could be looking to sue Seneca County.
Porsch has filed a notice of claim with his employer. The claim was filed on Friday, September 8th, citing an incident that took place on June 12th. That claim outlines communications between a Seneca County employee and a State Agency. Both Seneca County and the employee, who is said to be a probation officer, were named as defendants in the claim.
The claim outlines libel, slander, and defamation of character. While the claim does not mean a lawsuit is taking place, it’s the first required step in the process of taking legal action. The total damages sought by Porsch in the claim is $800,000.
The document was released to local media less-than 24-hours before today’s primary race between Porsch and Joe Sapio, a former Fayette Town Judge.
Sapio provided the document to Finger Lakes News Radio.