Settlement on table between mayor, council members

A years-long conflict between Willoughby Hills Mayor Robert Weger and a majority of City Council members may soon have a resolution.

City Council members are expected to vote Jan. 10 on a settlement and mutual release agreement that will, among other things, dismiss all pending litigation to the extent possible. Weger has already signed the agreement.

According to the proposed settlement, the trial judge will retain jurisdiction in the present case “in order to interpret, enforce and adjudicate

enforcement/recession issues regarding the settlement agreement.”

The settlement agreement was drawn up prior to a preliminary injunction hearing in Lake County Common Pleas Court before visiting Judge David L. Fuhry.

That hearing (which was canceled) was related to Weger’s Oct. 3 attempt to fire six of the city’s seven council members. Only Councilman Chris Hallum was spared a notice.

The mayor had the locks to the Council Chamber, the Clerk of Council’s office and City Hall changed; photos of the council members were removed from the wall outside the council chambers; and their names and contact information deleted from the city’s website.

The council members filed a temporary restraining order Oct. 5, stating their termination is “illegal, unlawful, and null and void.” Fuhry granted the restraining order Oct. 9. The judge said affected council members and their legislative employees are restored to their positions and have free access to the municipal buildings and offices. He also ordered that the buildings and offices will be restored to pre-removal conditions.

That case was the latest in a series of lawsuits between the two sides.

In October 2017, Weger filed a lawsuit claiming city prosecutor Michael Germano was serving as acting law director following the resignation of longtime law director Thomas Lobe the month before. Lobe and Germano would also file lawsuits that were merged into Weger’s suit. City Council filed a counterclaim stating attorney Stephen L. Byron is legally acting law director.

Fuhry ruled in April 2018 that two ordinances passed by council were “illegal, unenforceable, and

null and void.”

Council appealed the decision and the case is still pending in 11th District Court of Appeals.

Another lawsuit was filed by Weger in June 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.

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 parttime service department clerk/service building secretary).

Fuhry stayed the ordinance in September.

According to the terms of the proposed agreement, all reasonable costs and attorney fees incurred by the mayor and council (as well as Lobe and Germano if they dismiss their pending claims) will be paid by the city. This includes reasonable attorney fees owed to Randy Klammer, who represented Weger in the first two lawsuits. Per agreement, Germano will remain as prosecutor if he dismisses his pending claims.

Also in the proposed agreement, the mayor will agree to “release and forever discharge any and all claims, damages, or causes of action he may have or could have had against council members who sign this agreement.”

Council members also agree to “release and forever discharge any and all claims, damages, injury or causes of action against the mayor” any individual council members may/ could have had including for tort, defamation, false light or injury of any kind.

All liability is “expressly denied in all respects,” according to the agreement.

Any disputes arising under the agreement will be resolved in the Lake County Common Pleas Court.

According to the proposed settlement, council will work with the mayor for the confirmation of a new fire chief.

The choices are Rob Gandy, Patty Heller or Tom Talcott.

Council may vote to not confirm two of the three proposed choices without violating the terms of the agreement.

The mayor will determine who to nominate and in what order.

Council will also vote whether to confirm either James O’Leary or Joe Diemert as the law director under a one year contract. Council may vote to not confirm one of the proposed candidates for law director without violating the agreement terms.

Any member of the AFSCME Union that was subject to the April 2018 layoff “shall be permitted to return to work on Jan. 2 and received back-pay for the period of May 1, 2018, to the date of return, less than any amounts received as unemployment benefits or any taxable wages, from mitigation employment, received during such period provided that such employee requests that the union withdraw the unfair labor practice charge in front of the (State Employment Relations Board) relating to their layoff.”

Ordinance 2018-19 will be repealed. That ordinance is the one that laid off the city’s newly unionized positions.

Per the agreement, all employees receiving back pay must certify the amount of mitigation wages they received at the start of their re-employment. They must agree to provide their 2018 tax returns, when completed, if asked for by the city.

The State Employment Relations Board or the union’s actions related to the unfair labor practice

charge—before or after the agreement is executed— does not affect the employees’ right to return under the terms.

Council will vote for a 2019 budget that includes the amount due to these employees for back pay as a specific line item. It will not impact budgeting for other departments. Council will not vote for a 2019 budget that in any way is designed to force the mayor to lay these employees off again.

Another term of the proposed agreement states the sides “shall use their best efforts to follow the precepts” of the city charter. Weger will not attempt to remove council members nor will they attempt to remove him from office during the remainder of his term.

Council will increase the mayor’s spending budget to $5,000.

Neither the mayor nor council will “endorse, advertise or talk up any candidate for office in a publication or email through city publications and email.” An ordinance related to this issue, 2018-8, will be rescinded by council.

If the agreement is approved, the two sides will release a joint statement that will serve as the only public statement regarding it. When questioned, they’re directed to “indicate the resolution was reached to everyone’s satisfaction.”

The proposed joint statement is as follows:

“Council and the mayor have been engaged in disputes on various issues for the last 18 months,” the statement reads. “They believe they have resolved these disputes and want to move forward, working together, for the good of the community. To the extent council and the mayor have said or written negative things about each other during these disputes, everyone wishes to retract those statement so the mayor and council can move forward to work together for the benefit of the community.”