Added funds OK'd for city's legal defense

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by Steve Wiandt

Reporter

Cuyahoga Falls -- The city has upped the amount of legal fees it can pay a law firm to defend the city in a lawsuit filed by a former employee.

At the request of Deputy Law Director Hope Jones, Council March 17 unanimously voted to include a cap of $50,000 for fees to John McLandrich, who is representing the city, as well as Mayor Don Robart, Law Director Virgil Arrington, Service Director Valerie Wax Carr and Community Development Director Susan Truby.

McLandrich is an attorney with Mazanec, Raskin, Ryder and Keller.

Former city building and zoning inspector Bernard Garner, who was terminated in December 2006, is appealing a United States District Court judge's dismissal of his federal lawsuit seeking reinstatement and $10.3 million in compensatory and punitive damages. An appeal was filed Feb. 25 in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.

Separate from the federal case, an arbitrator on March 20 ordered that the city return Garner to his job, but without back pay and benefits.

Garner had alleged employment discrimination in his termination. In a decision issued Jan. 29, Judge Sara Lioi dismissed three federal law-based counts of a four-count complaint filed by Garner with prejudice. That means Garner is barred from bringing an action on the same claim again.

The dismissed claims include Garner's allegations "that [the] defendants violated his federal constitutional rights to free speech, due process and equal protection of the law."

"Obviously we think the court was in error," said Garner's attorney, Edward L. Gilbert of Akron. "We've made a strong appeal."

According to Jones, the city has already spent $25,000 on legal fees, which will be included in the $50,000 allowed by the ordinance. Invoices of $25,000 or less do not need Council's approval. Council's approval had to be sought, she said, when it was clear fees would exceed $25,000.

"Hopefully we wouldn't get anywhere near [$50,000]," Jones told the Finance Committee March 17, "However, if the Sixth Circuit [Court] rules against the city and they send it back to the federal court for a trial, then we very could spend that and possibly more."

E-mail: swiandt@recordpub.com

Phone: 330-686-3915