Former law director suing city

First, Willoughby Hills Mayor Robert Weger sued members of City Council over the ongoing law director controversy.

Then, Willoughby Hills City Council countersued the mayor.

Now, former city Law Director Thomas Lobe has filed suit against Willoughby Hills City Council and Stephen Byron, the attorney council named to replace him.

Lobe, who spent 20 years as the city’s law director, resigned Sept. 19 as a result of City Council’s 5-2 vote on Sept. 14 calling for the mayor to terminate him if he didn’t step down.

After the council majority stated Lobe was not representing the city’s interest fairly, Byron was named acting law director.

However, Weger is claiming attorney Michael Germano is acting law director.

Lobe is asking Judge John P. O’Donnell for an order that Germano is acting law director, and that all Germano’s advice and opinions are binding.

He is also seeking a restraining order against Byron’s appointment.

In addition, Lobe is seeking to prevent council from appointing Joseph N. Gross and Benesch Friedlander Coplan & Aronoff,

LLP as special counsel to pursue a legal malpractice claim against him. Lobe also wants the judge to require Willoughby Hills to provide all money for his legal defense and hold him harmless from any claims stemming from his performance while law director.

Council President Nancy Fellows did not immediately return a phone call seeking comment.

Byron was not available for comment.

According to Lobe’s complaint filed Jan. 16 in Lake County Common Pleas Court by Cleveland attorney Clark Rice:

• On Jan. 8, City Council passed an ordinance to hire Gross and the Benesch firm as special counsel to represent the city in matters relating to a proposed collective bargaining unit, and to pursue a legal malpractice claim against Lobe. On Jan. 10, Weger vetoed the ordinance. On Jan. 11, City Council overrode the veto.

• City Council does not have the legal authority to appoint special counsel for union matters. City Council received advice on the issue from Byron, while ignoring conflicting legal advice of Germano.

• City Council did not have the authority to appoint Fellows as acting mayor on the union issue when Weger was present.

• On Sept. 28, Council passed an “illegal” ordinance to hire Byron as law director in an “improper” executive session in which Byron was allowed to provide legal advice for his own appointment.

• The Willoughby Hills Charter designates the mayor as the sole person with authority to appoint the law director. • On Oct. 11, Weger appointed Germano as acting law director.

“Currently, and for the last few months, Willoughby Hills has two acting law directors,” according to the suit. “... Conflicting opinions have been made by the two acting law directors and the two different mayors which require Court intervention and determination as to the law.”

According to the suit, the citizens of Willoughby Hills have been damaged because Byron’s $120,000 a year contract is costing the city nearly four times Lobe’s salary.

“Defendants ... continue to improperly operate as if Byron is still the law director,” the suit stated.”... There is not at present a legally appointed director of law for Willoughby Hills.”

Ohio Attorney General Mike DeWine is also named as a defendant in Lobe’s suit since he filed as a taxpayer.