Andraé Evans Fighting Back: Lawsuit Filed Against Irondequoit Board
Irondequoit Town Supervisor Andraé Evans has filed a lawsuit against the town and its board members following a censure related to allegations of sexual harassment and retaliation. The legal action, initiated last week, contends that the board acted unlawfully and beyond its authority in censuring Evans and imposing restrictions on his role.
The censure, enacted by the town board, stems from an investigation that reportedly found evidence suggesting Evans sexually harassed a town employee and subsequently retaliated against her. In response, the board passed a resolution requiring Evans to work remotely and limiting his access to town employees and facilities. Evans was the sole dissenting vote in the censure decision.
The town board's censure resolution included several specific demands and restrictions on Evans' role as supervisor.
Under the resolution:
Evans is required to work remotely and is barred from physically entering town facilities without prior approval.
He is prohibited from directly contacting town employees, except through designated channels.
His access to town resources, including town-issued communication devices, has been restricted.
The board has implemented oversight measures, requiring Evans to report certain actions and communications to designated officials.
The board directed that an independent investigation be conducted into any further complaints against Evans.
In his court filing, Evans asserts that the board's actions were unlawful and exceeded its jurisdiction. He is seeking a temporary restraining order to halt the enforcement of the resolution until a formal hearing can be conducted.
This legal dispute marks the first instance of a town supervisor being censured in Irondequoit's history. The situation has elicited varied reactions from the community, with some residents supporting the board's decision to censure Evans, while others view it as an unjust political maneuver.
The Monroe County District Attorney's Office has initiated an investigation into the allegations against Evans to determine if any criminal conduct occurred.
Despite the controversy, Evans has stated he does not intend to resign and plans to seek re-election.
Evans' attorneys, Bond, Schoeneck & King PLLC, have filed two separate court actions. The first filing challenges the town board's adherence to the Open Meetings Law and the town's Procurement Policy. Evans alleges the board violated the Open Meetings Law by discussing the investigation and report in meetings that were not publicly noticed, failing to take minutes, and conducting deliberations without his knowledge.
The lawsuit seeks multiple remedies, including:
Declaring that the town and board members violated the Open Meetings Law.
Declaring any actions taken in these meetings null and void.
Mandating training for board members on the Open Meetings Law.
Requiring the town to provide minutes for any related meetings.
Rescinding the letter issued by the board after private discussions with special counsel.
Enjoining the town and board members from further violations.
Granting Evans' attorneys reasonable legal fees.
Additionally, Evans argues that the town board violated the Procurement Policy when appointing the law firm McConville, Considine, Cooman & Morin PC to replace Brown Hutchinson LLP as the Town Attorney. He seeks to have the appointment declared arbitrary and capricious, rescinded, and for the town to follow proper procurement procedures in selecting a new attorney.
The second court filing specifically seeks to annul the resolution that censured Evans. His attorneys argue that the town board exceeded its authority in imposing the restrictions that came with the censure. Evans is requesting a final order and judgment nullifying the resolution, along with any further relief deemed appropriate by the court.
As of now, the court has not scheduled a hearing on Evans' petitions, and the town board has not publicly commented on the lawsuit.
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