NY appeals court says Monroe County must defend Rachel Barnhart in defamation case

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A state appeals court has upheld a lower court ruling that Monroe County must provide legal representation to County Legislator Rachel Barnhart in a defamation lawsuit filed against her.

The defamation case was related to statements made by Barnhart at a press conference and in a post on social media calling for an official investigation of allegations made by a Rochester firefighter about a party at a house in her legislative district.

Barnhart filed the Article 78 petition to challenge Monroe County Attorney John Bringewatt’s decision to deny her request that the County defend and indemnify her in the defamation lawsuit.

In April 2024, state Supreme Court Justice James A. Vazzana granted Barnhart’s Article 78 petition and directed Bringewatt to provide her with a legal defense.

Bringewatt appealed Vazzana’s ruling and, in a decision released Friday, the Appellate Division of state Supreme Court, Fourth Department, unanimously affirmed Vazzana’s decision.

“We affirm. The County has a duty to provide a defense and indemnification to petitioner if her conduct occurred or allegedly occurred while she was acting within the scope of her public employment or duties,” the Fourth Department wrote.

Bringewatt determined that Barnhart was not acting within the scope of her employment or duties because the complaint in the defamation action does not sue (Barnhart) in her official capacity and does not make specific reference to County business, according to the Fourth Department’s decision.

“We conclude that the determination was arbitrary and capricious because it relied on aspects of the defamation complaint that are not determinative of the issue and failed to consider whether the alleged conduct actually occurred while petitioner was acting within the scope of her public employment or duties,” the court wrote.

“The record reveals that the alleged conduct occurred while petitioner was acting within the scope of her public employment inasmuch as petitioner addressed the public in her capacity as a Monroe County legislator at the time she made the statements at the press conference and when she posted on social media,” the court wrote.

“Bringewatt’s further rationale that petitioner addressed city employees and the misuse of city, and not county, resources fails to recognize that petitioner’s legislative district falls within the city,” the court wrote.

“Addressing public concerns, supporting constituents, and calling for official investigations, regardless of the specific municipality performing the investigation, are functions of a legislator,” the court wrote.

“Moreover, it cannot be said that petitioner’s statements were made for wholly personal reasons unrelated to her job,” the court wrote.

The ruling “protects every elected official’s ability to advocate fearlessly on behalf of the people,” Barnhart wrote in an email sent to the news media.

“This case was never about legal technicalities. It was about power, retaliation, and silencing a dissenting voice,” she wrote.

Barnhart wrote that she is “exploring additional legal options to seek recovery of costs, including for taxpayers.”

“This decision was not a victory for a county legislator, it was a loss for Monroe County’s taxpayers,” Steve Barz, the county director of communications and special events, wrote in an email.

“Legislator Barnhart has a long history of using various platforms for her personal and political purposes. In this litigation, Monroe County sought to protect taxpayers from expending public funds for matters unrelated to the business of county government,” he wrote.

“This decision will cost Monroe County taxpayers thousands of dollars. Unfortunately, this is not the first time Legislator Barnhart has imposed such a cost on the taxpayers.  In an unrelated suit, the county has expended nearly $200,000 for outside counsel in a case in which Legislator Barnhart is a defendant, more than $60,000 of which is directly attributable to Legislator Barnhart.  Monroe County remains committed to taking appropriate steps to protect taxpayer funds,” Barz wrote.

The defamation suit against Barnhart was dismissed in August by state Supreme Court Justice Joseph D. Waldorf.

The plaintiff, Nicholas Nicosia hosted a party at his home in July 2022. While on duty, a Rochester Fire Department captain brought his fire crew to the party. One of the firefighters was Jerrod Jones.

Jones subsequently hired attorney Nathan McMurray who filed a federal lawsuit against the city of Rochester claiming the party had partisan political and prejudicial overtones which caused him damages.

At a news conference in August 2022, and in subsequent social media posts, McMurray allegedly made several statements concerning Nicosia and the party. Barnhart also was at the news conference. She also made several statements and social media posts about the party.

Nicosia filed a defamation lawsuit against Barnhart and McMurray claiming statements they made at the news conference and social media posts defamed him and his business.

The defendants filed a motion to dismiss the defamation suit. Waldorf denied McMurray’s motion to dismiss the complaint, but Barnhart’s was granted.

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