The Borough had given Miller until Monday to answer questions about whether he had copies of e-mails he deleted when he quit working for the borough as a part-time lawyer.
The borough's attorney, Jill Broker, says Miller didn't comply with the request, but it will take more time to decide how to handle the situation.
Miller's attorney, Thomas van Flein, did respond with a letter, questioning the borough's request.
Van Flein pointed out that the Borough's policy requires employees to review e-mails once a week and delete those that are not needed.
Van Flein maintains that Miller followed the policy and questions the Borough's motives.
Late Tuesday, Jill Dolan, Assistant Borough Attorney, sent a letter to van Flein, and quoted a portion of borough policy that states that any messages with "lasting administrative, legal or historical value, or if it is evidence in a pending or probably lawsuit, remove it from your general 'in' or 'sent items' folder and preserve it in an appropriate location on your system."
The letter also says van Flein's letters, "appear to be written only to create a media frenzy," and skirt hte issues.
