The News Herald (Willoughby, OH)
Hearing date set for emergency motion filed by mayor against Council
Willoughby Hills Mayor Robert Weger’s emergency motion to stop City Council from taking any action to remove City Prosecutor Michael Germano will go before a judge next week.
Lake County Common Pleas Judge Richard L. Collins Jr. will preside over the hearing on Weger’s motion at 1 p.m., Feb. 21.
On Jan. 25, council requested that the mayor remove Germano — who is the mayor’s choice as acting law director — from his duties as prosecutor.
According to a council motion, Germano “had committed misfeasance and malfeasance in office.”
The complaint initiated by five members of council claimed Germano’s failure to support an ordinance naming attorney Stephen L. Byron as acting law director is a violation of Germano’s oath of office.
Council scheduled a hearing of the charges against Germano for Feb. 22 in council chambers.
Meanwhile, Joseph “Randy” Klammer, Weger’s attorney, is asking Collins for a preliminary injunction and temporary restraining order restricting council from declaring anyone other than Weger to engage in the duties of mayor, and an order allowing Germano to remain prosecutor.
Klammer said moving forward with the complaint and trial over the city prosecutor issue will create irreparable harm.
“... The city will be placed in jeopardy of lawsuits and damages, and the administration of criminal justice and the Willoughby Hills Police Department will be in disarray,” Klammer stated in the motion.
Council is proposing to replace Germano with attorney Bradley Hull as city prosecutor, whom Klammer argues is less experienced.
Council members Nancy Fellows, John Plecnik, David Fiebig, Janet Majka and Laura Pizmoht are the defendants listed in the emergency motion to stay.
Byron was appointed acting law director after former Law Director Thomas Lobe resigned.
After Weger filed a lawsuit claiming Germano is the real acting law director, council countersued.
Lobe then sued council to ask that Willoughby Hills be required to provide all money for his legal defense should the city sue him for legal malpractice.