City prosecutor latest official to sue city

Willoughby Hills City Prosecutor Michael Germano is the latest public official to sue the city.

Germano filed a complaint Feb. 15 in Lake County Common Pleas Court against the city as a whole and six council members who want to terminate him using the “most bizarre ordinance ever passed by a City Council.”

On Feb. 8, council passed a motion to adopt a complaint to remove Germano as prosecutor. A hearing on the complaint is scheduled for Feb. 22 in front of City Council.

However, Germano is asking for an injunction to stay any action on the termination complaint until the court determines whether or not Ordinance 2017-070 is legal. The ordinance, which was passed on Sept. 28, names attorney Stephen L. Byron as “acting law director.”

On Oct. 11, Mayor Robert Weger appointed Germano as “acting law director” to fill the role until a law director was appointed by the mayor and approved by Council per the charter.

Council members Nancy Fellows, John Plecnik, David Fiebig, Janet Majka, Laura Pizmoht and Laura Lenz allege Germano should be terminated for violating his oath of office for referring to himself as the “acting law director.”

They also claim the prosecutor committed misfeasance and malfeasance because other

Germano filed a complaint Feb. 15 in Lake County Common Pleas Court against the city as a whole and six council members who want to terminate him using the “most bizarre ordinance ever passed by a City Council.”

members of Germano’s Willoughby law firm, Wiles & Richards, made a public records request to the city to gather records related to council attempting to remove his brother, Councilman Frank Germano.

Council has legislation on its agenda that will name attorney Bradley Hull IV as “acting prosecutor” once Germano has been terminated.

According to the complaint filed by attorney James Lyons:

• The prosecutor has not committed any of the violations alleged in the complaint.

• Terminating Germano would not only harm him but would “throw the Willoughby Hills criminal justice system into a state of complete disarray because there will be no statutory or charter prosector who will be able to file complaints, prosecute cases, apply for search warrants or do any of the other myriad duties of a city prosecutor.”

• Every case that is handled by the ‘special prosecutor’ will be called into question ... because Mr. Byron

and (the six council members) cannot wait until the court rules on their scheme to take over the administrative positions of law director and now prosecutor in the city because of their disagreements with the mayor.”

The case has been randomly assigned to Judge Vincent A. Culotta.

However, Lyons has also filed a motion to consolidate Germano’s case with a similar suit filed by the mayor in which Weger claims Germano is the real acting law director.

Weger also has filed an emergency motion to prevent council from declaring anyone other than himself to engage in the duties of mayor, and an order allowing Germano to remain prosecutor.

Retired Geauga County Common Pleas Judge David L. Fuhry will preside over a Feb. 21 hearing on Weger’s motion.

Byron was appointed acting law director after former Law Director Thomas Lobe resigned.

After Council countersued Weger, Lobe 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.

Germano