DETROIT -

Was Michigan State Treasurer Andy Dillon caught in a lie? That's the allegation after an affidavit, signed by Dillon, surfaced on Tuesday.

Union activist Robert Davis says the fix was in to hire Detroit Emergency Manager Kevyn Orr, and now he has caught Dillon trying to cover it up.

"He's a flat-out liar. He lied under oath," said Davis.

Related: Lawsuit claims Detroit EFM appointment violates Michigan's Open Meetings Act

In the sworn affidavit, Dillon says, "I did not have any conversation with the other members of the Loan Board regarding who should be considered for the appointment of emergency financial manager for the city of Detroit prior to the meeting of the Loan Board on March 14, 2013."

An email from Dillon on March 12, two days before the Loan Board met, reads, "Attached to this email you will find biographical information for Kevyn Orr. You have undoubtedly heard news accounts of the governor having a top "candidate" for the position. Mr. Orr is that individual. Out of respect for the governor's recommendation, I would ask that we give Mr. Orr due consideration for the position."

Davis says this email violated the state's Open Meetings Act.

"Their secret emails truly reflect the truth, that they had conversations via written emails about who they were going to chose prior to the March 14 meeting," said Davis.

Dillon says that in the affidavit he swore under oath that he did not converse about considering Orr, not that he never emailed about it. He pointed out that the email in question says that deliberation on any candidate needs to occur in an open meeting and to please refrain from discussing the issues among ourselves until the meeting.