Case 1:19-cv-00902-EAW Document 24-1 Filed 08/16/19 Page 1 of 3

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
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MICHAEL P. KEARNS, in his official capacity as
Clerk of the County of Erie, New York, No. 19-CV-902 (EAW)

Plaintiff,

-against- AFFIDAVIT OF
ANN SCOTT IN SUPPORT
ANDREW M. CUOMO, in his official capacity as OF DEFENDANTS’ MOTION
Governor of the State of New York, TO DISMISS AND IN
LETITIA A. JAMES, in her official capacity as OPPOSITION TO
Attorney General of the State of New York, and PLAINTIFF’S MOTION
MARK J. F. SCHROEDER, in his official capacity as FOR A PRELIMINARY
Commissioner of the New York State Department of INJUNCTION
Motor Vehicles,

Defendants.
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Ann Scott, being duly sworn, states under the penalties of perjury as follows:

1. I am the Director of Field Operations for the New York State Department of

Motor Vehicles (“Department” or “DMV”). I have held this position for two years. I have first-

hand knowledge of the facts set forth herein and I make this affidavit in support of defendants’

motion to dismiss and in opposition to plaintiff’s motion for preliminary injunction.

2. The Division of Field Operations is responsible for oversight of the state-run

DMV offices throughout the state. In my role as Director of Field Operations, my responsibilities

include, among other things, overseeing the operations of all state-run DMV field offices, and

ensuring state-run field offices’ compliance with existing DMV policies and procedures.

3. DMV maintains state-run field offices to perform DMV functions in Rockland,

Albany, Westchester, Suffolk, Nassau, Onondaga, Bronx, Kings, Queens, Richmond, and New

York counties.
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4. In the rest of the state, the county clerks in the counties where DMV does not

maintain state-run field offices (including Erie County) act as agents of the DMV Commissioner

in carrying out certain DMV functions. These functions include, among other things, issuing

driver’s licenses, driver’s permits, non-driver identification documents, and vehicle registrations.

5. In the counties not served by state-run DMV field offices, county clerks and their

employees are provided access to DMV systems in order to process driver’s license and vehicle

registration transactions for the residents of those counties. For instance, DMV provides these

county clerk offices with DMV-owned computer terminals and DMV-owned scanners for use in

performing DMV functions.

6. In general, county clerks and their staff may enter and retrieve information from

DMV’s systems using the DMV-issued computer terminals on a transaction-by-transaction basis

as required to conduct DMV business.

7. These county clerks and their staff are bound by applicable DMV policies and

rules when performing DMV functions. These include DMV policies concerning the handling of

DMV records and customer information in connection with performing DMV functions, as well

as policies that govern the handling of third-party requests for DMV records and information.

8. These applicable DMV policies are available on DMV’s intranet page, which are

accessible to county clerks and their employees through DMV-issued computers provided to the

county clerk offices for carrying out DMV functions.

9. Annexed hereto as Exhibit A is a true and correct copy of DMV’s policy titled

Protection of Department Records (rev. Jan. 2019). This policy is available to county clerks and

their employees through DMV’s intranet.

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