MAHONING COUNTY Ex-deputy loses suit to get job back

The woman's lawyer said he will appeal the ruling.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A former Mahoning County deputy sheriff has lost a bid to get her job back.
Judge Jack Durkin of Mahoning County Common Pleas Court ruled this week that the county was not wrong to have fired Tammy Noday in August 1998.
"I guess we're headed back to the court of appeals," said Atty. James Gentile, who represents Noday.
Noday was fired by then-sheriff Phil Chance because of perjury charges that were pending against her, even though the charges were later dismissed.
Noday filed a gender discrimination complaint with the Ohio Civil Rights Commission, which ruled in May 1999 that there was no evidence of discrimination and dismissed her claim.
She then filed a civil lawsuit in common pleas court, alleging gender discrimination and wrongful termination in violation of public policy. Judge Durkin dismissed the suit in September 2000, but the 7th District Court of Appeals partially overruled him last year.
The appellate court said the discrimination complaint should have gone forward, but it upheld Judge Durkin's dismissal of the wrongful termination complaint.
Ruling for county
Earlier this year, lawyers for both sides submitted their legal arguments to the judge. Based on those briefs, Judge Durkin ruled in favor of the county.
"To me, it's a sigh of relief," said assistant prosecutor Thomas Michaels, who represented the county. "It's slowly bringing that chapter of the county's history to an end."
Noday was among several county officials and employees who were indicted during an investigation of fraud in county government. She was accused of falsifying information in an affidavit for a search warrant and lying under oath.
Noday said she did those things under orders from her supervisors.
Her complaint alleged that she was treated differently from male deputies who also were accused of wrongdoing but who were not subjected to an internal investigation.
Michaels said in court documents that internal investigations weren't needed for the others because they all faced criminal prosecution, which was proof enough of their actions.
Because Noday's criminal charges were dismissed, the department had to prove that she had acted improperly, he added.
Ample proof
He said there was ample proof that the county was justified in firing Noday, which he said was supported by the OCRC ruling.
County Administrator Gary Kubic commended the prosecutor's office for its zealous work on this and other cases in which the county has been sued. He cited nearly 20 cases the prosecutor's office has won.
He said being able to handle the cases in-house, rather than having the county's liability insurance carrier provide legal defense, has saved the county nearly $500,000 over the past six years or so.
"That is the importance of having a solid civil division in the prosecutor's office," Kubic said.
bjackson@vindy.com