Mayor sues council members

Action stems from override of veto concerning acting law director

Willoughby Hills Mayor Robert Weger has made good on his promise to sue City Council members who overrode his veto regarding Acting Law Director Stephen Byron.

Byron was temporarily appointed to the position after former Law Director Thomas Lobe resigned Sept. 19.

“The bottom line is, Mayor Weger sued his own city,” Council Vice President John Plecnik said.

Weger’s attorney, Joseph Randy Klammer, responded, “Hopefully Mr. Plecnik’s approach to governing by intimidation isn’t lost on the residents. He should be ashamed. Mayor Weger is focused on what is affordable and fair for the residents. Council’s decision to hire a downtown law firm as their own lawyers, with downtown lawyer fees, is neither. It’s shameful. The mayor made it clear he was going to hire a substitute law director in a couple days, and before

Weger filed the suit Oct. 27 in Lake County Common Pleas Court, claiming Byron’s $120,000 a year contract is costing the city nearly four times the previous law director’s salary when additional charges for litigation and union negotiations are factored in.

he had that chance, council voted to hire their own lawyer.”

Weger filed the suit Oct. 27 in Lake County Common Pleas Court, claiming Byron’s $120,000 a year contract is costing the city nearly four times the previous law director’s salary when additional charges for litigation and union negotiations are factored in.

“All I want is what’s best for our residents,” Weger said.

Weger is asking Judge Richard L. Collins Jr. to issue a judgment that Byron and the Law Firm of Walter Haverfield LLP cannot be acting law director because the ordinance declaring an “emergency need” for their services was illegal.

He also is seeking a permanent injunction to stop City Council from taking any actions on Ordinance 2017-70, which the lawsuit contends was passed without being placed on the meeting agenda.

“Defendants’ decision to take action and enact Ordinance number 2017-70 and to usurp the power of the mayor was in bad faith and stubborn in its effort to deny the mayor his executive authority,” Klammer stated in the lawsuit. “The stubborn decision to continue to insist in denying the mayor his authority compounds that bad faith.”

The Willoughby Hills Charter provides that the mayor shall appoint all department heads of the city, including the law department. The mayor’s appointment would then be subject to confirmation by at least four members of council, Klammer stated in the suit.

The suit also contends the Ohio attorney general has held that the mayor has the authority to appoint a city solicitor when the office is vacant, but council appointed Byron and the law firm with no input from Weger.

The mayor is also arguing that Byron and the law firm of Walter Haverfield should be barred from acting as counsel in the lawsuit since the acting law director is a defendant in the suit and likely to be called as a witness.

Weger is also seeking court costs and attorney fees.

Byron said City Council has 28 days to respond to the suit.

“We will timely defend the city’s interest,” he said.

“It is unfortunate that the mayor is seeking to have the city pay his legal fees on two sides of this litigation,” Byron said.

In a 5-0 vote Sept. 29, Byron was named acting law director after Weger did not present anyone for the position to council members.

On Oct. 4, Weger informed Byron in a letter he would veto his appointment and go to court to get an injunction if City Council chose to override his veto.

Weger has attempted to appoint attorney Michael Germano as acting law director.

At the Oct. 12 meeting, City Council swore Byron in as acting law director after council voted 5-2 to override the mayor’s veto of their appointment.

Council President Nancy Fellows, Plecnik, and council members David Fiebig, Janet Majka and Laura Pizmoht voted in favor, while council members Christopher Hallum and Christopher Biro voted against Byron’s appointment.

Plecnik said Weger has no right to sue only the five council members who voted against him rather than council as a whole. He also wants to know whether the mayor is using city money to pay Klammer.

“He refuses to answer,” Plecnik said.

At Council’s Oct. 26 meeting, members voted 5-1 to engage Haverfield should the mayor follow through on his threat to sue.