MAHONING COUNTY Judge dismisses lawsuit

The judge said some claims were frivolous and others were filed too late.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Mahoning County commissioners did nothing wrong when they fired former chief building official Stephen Berry in 1998, a federal judge has ruled.
Judge Solomon Oliver Jr. of U.S. District Court, Akron, dismissed a lawsuit Berry had filed in March 2000 against commissioners and other county officials alleging he'd been wrongfully terminated.
Berry, who operates a private architectural practice, said he hasn't decided whether to appeal the decision. His attorney, Marshall Buck, could not be reached to comment.
"We're just delighted," said county Administrator Gary Kubic. "From the beginning, we have felt that these charges were without merit and now we have been vindicated."
About lawsuit
The suit, which sought $1.25 million in damages, said Berry was fired for refusing to follow commissioners' demands in dealing with former building inspection department employees Fred DeBonis and Joseph Veneroso, who were hires of former commissioners David Engler and Frank Lordi.
Berry alleged in the lawsuit that commissioners retaliated against him for reporting what he thought was improper conduct on the job by DeBonis and Veneroso.
The suit said that the former commissioners became upset when Berry alleged that DeBonis used his position to avoid paying rent on his home and that Veneroso tried to bribe Berry for answers to an electrical licensing test.
Veneroso and DeBonis were charged with crimes, though the charges against DeBonis were dropped and the felony charges against Veneroso were reduced to a misdemeanor.
The suit said that Lordi and Engler conspired with Commissioner Ed Reese, other county officials, a state building inspector, DeBonis and Veneroso to remove Berry from office.
But in a 35-page written opinion, Judge Oliver said Berry failed to prove his conspiracy claim and that his claim of being denied due process was frivolous.
"Berry received pre-termination process far exceeding that required by [the law]," the judge wrote.
Violation alleged
Berry also said in the suit that his civil rights had been violated by commissioners. That component of the suit was also dismissed by Judge Oliver, who said the two-year statute of limitations for such claims had expired before the suit was filed.
The judge ruled that commissioners had adequate grounds for firing Berry and gave him more than adequate notice through predisciplinary procedures.
Judge Oliver's ruling says commissioners had ample evidence that Berry, as chief building official, inspected several buildings that he'd designed in his private practice, which is a conflict of interest.
"In essence, Berry acted as judge on his own cases," Judge Oliver wrote, noting further in the ruling that "a chief building official cannot wear public and private hats on the same job."
"I'm relieved that this has gone through the system and been decided," said Lordi, who runs a private fire extinguisher business. "The court ruled and [Berry] has to stand by that."
Engler, a private-practice attorney, said the suit was "filed at a time when you could make allegations against public officials and hope that people believed the worst about them."
Reese, likewise, said he's glad to be vindicated, though he's upset that the county had to spend money to defend the lawsuit.
Atty. Dennis Haines, who represented the county, said Berry has 30 days to file an appeal with the 6th Circuit Court of Appeals.
bjackson@vindy.com