NEWTON FALLS Ex-manager adds to lawsuit against city

The city manager cleaned out his desk Thursday morning.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
WARREN -- The former Newton Falls city manager contends he's getting the boot because he's suing the city.
Robert Eberhart filed an amended complaint Thursday in Trumbull County Common Pleas Court to his original lawsuit, saying city council and Mayor Patrick Layshock wrongfully terminated his employment at a special meeting Wednesday because he sued to keep his job.
The new complaint says he was fired in retaliation for taking almost two months off earlier this year under the Family Medical Leave Act.
Eberhart, who had cleaned out his office earlier in the day, declined to comment on the lawsuit, why he was on leave, or his firing.
"Obviously things have taken a different turn," he said. "I have no comment at this time. It's in litigation now, and I will leave it at that."
Unanimously ousted
Council voted unanimously Wednesday to suspend Eberhart, stipulating that if he does not resign within 30 days, he'll be fired.
Council agreed to pay his medical, dental, eye care and life insurance premiums for a six-month period if he resigns.
Attorneys for Eberhart and the city met with Judge Andrew Logan on Thursday.
The lawsuit, filed in October, contends city officials reneged on issuing a four-year contract to Eberhart, who has worked as city manager since August 1999.
The suit says the city offered the new contract through an ordinance in June. The major difference between the old and new contracts outlined the severance package to be offered if the city did away with the position.
Eberhart is seeking to have the contract stand and is asking for $25,000 in damages.
Special election
Residents upset with the contract offer called for a special election to recall two council members. In August, the two were voted out of office, and a third member resigned.
When new council members took office, they passed legislation in September rescinding the contract offer.
In a statement Eberhart issued after he filed the lawsuit, he said he returned to work after family leave Sept. 9 to learn that council planned to introduce legislation rescinding the contract offer. The ordinance was passed Sept. 23.
"Obviously, I feel that council's actions are untimely and have serious ramifications," he wrote. "I have a family to support and other more pressing health-related issues that are currently the focus of my attention."
Judge Logan ruled Thursday that because council suspended Eberhart under his current contract, a restraining order Eberhart sought prohibiting the September ordinance from taking effect was moot.
A pretrial hearing on the suit will take place sometime after the first of the year, said Richard Schwartz, Newton Fall's law director.
The city has still not filed an answer to the suit.
Voting on changed
In the meantime, Newton Falls residents will vote in a special election Dec. 10 to decide whether to maintain the position of city manager or change to a mayor-council form of government.
If the change is approved, a full-time mayor would run the city at an annual salary of $48,000.
slshaulis@vindy.com