Judge grants delay in hearing Urges city officials on both sides to ‘bridge their differences’

A visiting judge has granted Willoughby Hills City Prosecutor Michael Germano’s request to delay any action on his possible termination until the court decides whether an ordinance naming attorney Stephen L. Byron as “acting law director” is legal.

Germano, whom Mayor Robert Weger contends is the real “acting law director,” was scheduled to go before City Council on Feb. 22 for a hearing to determine whether he will be removed as prosecutor for alleged “misfeasance and malfeasance.”

However, retired Geauga County Common Pleas Judge David L. Fuhry ruled Feb. 21 in Lake County Common Pleas Court that there would be no such hearing before Council on that date. Instead, the Council hearing on Germano’s employment cannot take place until 30 days after Fuhry rules on the acting law director ordinance issue.

That is one of several pending cases filed by

Willoughby Hills city officials against each other over the law director controversy.

All pending cases have now been consolidated into one. A hearing has been scheduled for March 5 before Fuhry to discuss the conflict in more detail.

Meanwhile, the visiting judge urged all parties to do a better job of resolving their differences outside the courtroom.

“There was a mediation effort yesterday and that mediation effort was not successful,” Fuhry said. “Sometimes that happens. ... But there can still be efforts made by the parties to bridge their differences and

City officials have been at odds over who the acting law director is since former Law Director Thomas Lobe resigned in September.

to avoid what promises to be in this case a perhaps long scenario involving ... three cases and (six) attorneys. We all know the law favors negotiated resolutions ... to avoid the continued expense, uncertainty and delay that litigation entails. So I’m inviting you, if there is an inclination and an opportunity, to negotiate part or all of the case, go for it.”

No witnesses were called to testify during the 12-minute hearing.

City officials have been at odds over who the acting law director is since former Law

Director Thomas Lobe resigned in September.

After Weger filed a suit in October claiming Germano is the real acting law director, City Council filed a counterclaim stating Byron is the legal acting law director.

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

Lobe is also suing Council to ask that Willoughby Hills be required to provide all money for his legal defense should the city sue him for legal malpractice.