Mayor sues over Council’s action

Legal fight continues over ordinance

The legal fight between Willoughby Hills Mayor Robert Weger and City Council continues.

The mayor filed a lawsuit in Lake County Common Pleas Court on June 20 against the council over an ordinance that would appoint council president Nancy Fellows as acting mayor in any matter in connection with the city’s AFSCME Union.

On April 23, the city was notified that the State Employment Relations Board would be investigating an unfair labor practice charge filed by the Ohio Council 8, AFSCME and AFL-CIO against the city.

Under the Ohio Revised Code, the mayor (or mayor’s representative) is designated as the sole negotiation agent to act on the part of the city in labor negotiations. City Council, however, passed the ordinance designating Fellows as acting mayor in these matters at a May 17 special council meeting.

Weger vetoed the ordinance, but council overrode that at its May 24 council meeting in a 6-1 vote.

The city’s 2018 budget included the elimination of newly unionized positions of executive/administrative assistant to the mayor; clerk of courts (also known as Mayor’s Court clerk of courts); finance assistant; and building/service department clerk (aka part-time

The mayor filed a lawsuit against the council over an ordinance that would appoint council president Nancy Fellows as acting mayor in any matter in connection with the city’s AFSCME Union.

service department clerk/ service building secretary).

The mayor called those cuts a “blatant attempt at union-busting” and said he anticipated a very expensive unfair labor practice case would follow.

City Council vice president John Plecnik argued at the May 17 special meeting (which Weger was not present for) that the mayor’s claims of union-busting prove that he should not represent the city in the case.

“If you believe that, and you state that, the city is wrong and should lose, you are not in a position to defend the city,” Plecnik said. “I don’t think any reasonable person in good faith would argue that if someone goes to you and says ‘you’re a murderer’ that you would then turn around and say ‘I’m hiring you to be my defense attorney in my murder case.’ You cannot represent and defend the city when you say the city is wrong.”

Plecnik added that if Weger does find that the city is wrong, there is nothing preventing him from deliberately tanking the case.

“We all have our opinions, and if the mayor really truly believes the city is wrong and should lose, he’s entitled to his personal opinion, but he can’t then proceed to tank the city’s case and fail to respond, he would appropriately recuse himself and let someone who believes in the city defend it.”

In an interoffice memo explaining his veto, Weger stated that council does not provide adequate documentation to substantiate their conflict of interest claims.

“In closing I am vetoing this ordinance because I do not have a conflict of interest with this, but rather a ‘difference of opinion’ with council,” he stated. “Just because we differ does not mean there is a conflict. I, as mayor, will always have the best interest of our resident in mind and all of my actions will reflect that. I am still ready, willing and able to serve in my capacity as mayor and intend to continue to do so.”

Weger argues in his lawsuit that he cannot make demand for action because City Council has failed to confirm a law director. Weger’s attorney, Randy Klammer, said the mayor has been attentive to the matter since day one, but is working without a legal advisor

because of that failure to confirm a law director.

The city’s charter relating to an acting mayor states the following:

• When the Mayor is unable to perform his duties for any cause, the Council President shall serve as Acting Mayor.

• While serving as Acting Mayor, he shall not serve as President of Council. Any and all appointments made by the Acting Mayor are subject to confirmation by the Mayor when he assumes or resumes his duties.

While the Council President is serving as Acting Mayor, the Council vicepresident shall serve as Council president, but does not have the right of succession to the office of Mayor.

• When the Mayor has been unable to perform his duties for a period of at least 12 weeks, the council may declare the office of Mayor vacant and such vacancy shall be filled as provided for in Section 2.3 (which relates to vacancy of office).

Klammer said it is only in the fourth paragraph that council has any authority to appoint an acting mayor and that does not apply in this situation. He added that the power to contract is an administrative

function and not a council function. Council removing the mayor in this case could put any agreements with the union in jeopardy.

“If City Council or the city were to contract with the AFSCME union under these conditions, the contract would be unlawful,” the lawsuit reads. “This would cause the city and the AFSCME union unnecessary expense and damage. It would also cause valued employees of the city terrible uncertainty and disruption.”

Weger’s lawsuit argues that council’s actions are unlawful for a number of reasons. Among those points are that it was enacted in violation of council procedure, the charter and codified ordinances of the city, the Ohio Revised Code and the “fundamental principle of separation of powers between the legislative branch and the executive branch of government.”

Weger is asking the court to issue a declaratory judgment that the ordinance is unlawful and that Nancy Fellows is not acting mayor for the city. He is also asking for a preliminary and permanent injunction enjoining council from taking any actions on the ordinance.