MAHONING COUNTY Judge dismisses suit by employees of 2 townships

Each woman already gave up a job, so no conflict exists, the judge ruled.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A judge has dismissed a lawsuit that was filed earlier this year by two employees from separate townships, who said they were unfairly forced to give up township jobs.
Catherine Stacy of Poland Township and Shirley Casity of Springfield Township each simultaneously held two positions within their township governments.
Each woman was serving as secretary in her respective township when she ran for and was elected clerk of her township in 1991. Both were re-elected in 1995 and 1999.
In December 2002, the Ohio Ethics Commission ruled that a township clerk is legally prohibited from also being employed as a township secretary. The opinion was sought by county Prosecutor Paul Gains, at the request of Poland Township trustees.
The women said in their lawsuit that the ruling contradicted a 1991 county prosecutor's opinion that said it is not a conflict to hold the two positions simultaneously. Gains was not prosecutor at that time.
Had to choose
Because of the ethics commission's opinion, Gains informed the women that they would have to give up one of their positions or face a potential criminal charge for having an unlawful interest in public contract.
Stacy resigned her job as clerk and remained secretary. Casity gave up her secretary's position and remained clerk. Both of their vacated positions have since been filled.
The women sued, asking for a "declaratory judgment" that the ethics commission ruling created a situation in which innocent conduct is criminalized. Each wanted her job back, with retroactive pay.
In a written response to the lawsuit, Gains had argued that one of the elements necessary for a declaratory judgment is that "speedy relief is necessary to preserve the rights of the parties." Since both women already have resigned, there is no longer a threat of prosecution and no need for speedy relief, he said.
"Thus, the issue is moot," Gains' response says.
Judge's ruling
Judge Maureen A. Cronin agreed in a ruling handed down this week. She said the requisite elements for a declaratory judgment don't exist since both women already have given up a township job and there no longer exists a conflict as defined by the ethics commission.
Stacy is on the ballot to run for township clerk in the November general election. If she wins, the issue could be "ripe for the court" at that time, the judge said.
bjackson@vindy.com