Act Now Media Investigates Town’s Handling of Litigation, Records, and Transparency Requirements
EVANS, NY – Act Now Media has launched an investigation into the Town of Evans’ handling of a defamation lawsuit filed by former Town Supervisor Mary Hosler, focusing on whether the settlement was properly approved and whether required public records have been lawfully disclosed.
The inquiry began after multiple residents contacted Act Now Media with concerns about missing meeting records, inconsistent information, and questions about how taxpayer funds were used to resolve the case.
Despite several Freedom of Information Law (FOIL) requests submitted to the town, Evans officials have denied access to basic documents that are ordinarily subject to public disclosure, including the settlement amount and minutes from the meeting where the agreement was reportedly discussed.
Mary Hosler was elected supervisor in 2015 and re-elected in 2019. In October 2022, she accepted a position as deputy comptroller in Erie County while continuing to serve as Evans supervisor until her resignation in February 2023.
Financial questions involving elected-official benefits in Evans pre-date the lawsuit. The Town Board voted in 2011 to prohibit elected officials from receiving a health-insurance “buyout” payment for declining town coverage. That decision was reversed in 2015. In February 2020, the Board again voted to rescind all past and current eligibility for elected officials and barred retroactive claims. Hosler supported that action.
Later that same year, Hosler received a $6,000 payment — representing four years of buyouts from 2016 to 2019.
During her term, Hosler also voted for herself to serve as the Town’s budget director in 2021 and 2023, a role that includes a $15,000 stipend. According to the Town’s ethics policy, officials are expected to recuse themselves from votes in which they have a direct financial interest.
A 2024 audit from the New York State Comptroller’s Office found that Evans did not adequately track or approve certain leave and separation payments and concluded that the $6,000 buyout paid to Hosler had not been authorized.
Following the audit, an ethics complaint was filed. The Town of Evans Ethics Committee determined that Hosler should have recused herself from the budget-director vote and that she was not eligible for the $6,000 buyout. The committee recommended repayment of approximately $23,054.79, but it does not have authority to enforce collection. The matter was referred to the Town Board.
According to individuals present, the Board discussed repayment during a November 6, 2024 meeting. There is no publicly posted record showing whether any action was taken.
On November 20, 2024, Hosler filed a defamation lawsuit against the Town of Evans and two councilmembers associated with the repayment effort. Court filings show that the case was discontinued in mid-2025 following a settlement.
Hosler has stated that her attorney received the settlement check. No settlement terms have been posted publicly.
Under New York’s Open Meetings Law, town boards may enter executive session to discuss litigation, but they must first vote in public to do so. They may not take final action, including approving expenditures, while in executive session. Any approval of a settlement that uses public funds must occur in open session and appear in the minutes.
A review of Evans Town Board agendas, minutes, and recordings from July 2025 through the present shows no public vote authorizing a settlement. The meeting where the settlement would likely have been discussed is one of only two meetings since 2020 not posted on the Town’s website. The associated recording is reported to have audio issues, and minutes are not available online.
Act Now Media submitted multiple FOIL requests seeking the minutes and recording of the meeting where the settlement was discussed and the settlement agreement and payment amount.
The town denied the request for the settlement figure, citing “anticipated litigation” and attorney-client privilege, even though the case had been discontinued months earlier. New York FOIL guidance and past court rulings generally classify settlement agreements involving public funds as public records once a case has concluded.
A FOIL request for the missing July meeting minutes and audio also returned no responsive records.
Act Now Media plans to resubmit the FOIL requests and proceed through the appeal process if denials continue.
During a recent Town Board meeting, an Act Now Media reporter — who is also a town taxpayer — raised concerns not only about the missing settlement records, but about Evans’ financial management more broadly. Those concerns included tax assessments on condemned property, the cost of government relative to the town’s shrinking population, and the status of unrecovered overpayments identified in audits and ethics reviews.
Town officials did not provide public responses to these questions during the meeting.
Key questions remain unanswered:
- Did the Town Board approve the settlement in accordance with state open-meeting requirements?
- How much money was paid to resolve the defamation lawsuit?
- Why are meeting minutes and recordings missing from the town’s public website?
- Why did the town deny FOIL requests for records that are typically required to be disclosed?
Act Now Media will continue pursuing the documents and information necessary to clarify whether Evans followed the state laws governing public meetings, public funds, and public records.
See also:
- State Comptroller audit – Town of Evans employee benefits
- Press release summarizing Evans audit
- Complaint in Hosler v. Town of Evans, et al. (Trellis)
- Committee on Open Government FOIL advisory opinion on settlement agreements (example)
