GLOVERSVILLE — The law firm representing the city has filed a motion asking a federal court judge to stop Amsterdam attorney Elmer Robert Keach III from making public any more sworn statements or discovery material in the wrongful termination lawsuit of Gary Margiotta.

Margiotta, who was the Gloversville city clerk, was fired abruptly on Dec. 29, 2006, and escorted from City Hall by a police officer. Councilman-at-Large James Handy has acknowledged that he and three other Common Council members reached a consensus by phone to dismiss Margiotta. But, until he gave a sworn statement to Keach, he had never given an explanation for the firing.

The city’s motion, filed in U.S. District Court in Syracuse by attorney Scott P. Quesnel of the Albany firm of Girvin & Ferlazzo, seeks a protective order from Judge George J. Lowe.

The motion calls Lowe’s attention to Keach’s release of Handy’s deposition and to Keach’s declaration that he plans to make public all depositions and discovery material.

Quesnel states in the motion that the order is needed “to ensure that the discovery process is not abused and defendants receive a full and fair opportunity to litigate this matter without the unnecessary prejudice that will flow from the media’s receipt of all documents produced or created during discovery.”

Quesnel did not return a telephone call by early afternoon, but Keach said the motion is an attempt to protect city officials from “embarrassment and shame and has nothing to do with protecting the process.”

Keach said he will respond to the motion and will ask for a hearing.

Handy stated in his deposition that he voted to end Margiotta’s 16-year career with the city because of acts of insubordination. He conceded the incidents, including one in which Margiotta declined to provide a marriage license to Handy’s brother when he applied after the 3 p.m. daily deadline, were never documented or recorded in Margiotta’s personnel file.

Quesnel cites case law in support of his motion, arguing “without an ability to restrict public dissemination of certain discovery materials that are never introduced at trial, litigants would be subject to needless annoyance, embarrassment, oppression or undue burden or expense.”

Quesnel said there are other privacy issues involved in releasing depositions. In Handy’s deposition, he contends there are revelations about other city employees, including a disciplinary measure and an alleged sexual relationship.

He said the city recognizes that the media play a vital role in informing the public, but that the public will have access to the parties and the evidence they present during a trial.