LIBEL CASE Mayor says lawsuit against him costs city

An attorney in a libel case said he can depose city employees on weekends.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
GIRARD -- Mayor James J. Melfi says a McDonald company that has accused him personally of libel and slander is costing the city money.
The mayor said that Tom's Sewer and Drain Service Inc. and its attorney should reimburse the city.
The lawsuit against Melfi was filed in April in Trumbull County Common Pleas Court by Tom's Sewer, a septic-tank cleaning company, and its owner, Richard A. Glass.
The suit seeks compensatory damages of at least $100,000, and an unspecified amount in punitive damages.
The suit stems in part from a television news story that reported Melfi's saying that he had stopped the plaintiff company from "dumping toxic sewage" into the city treatment plant.
That statement, the lawsuit says, is false and defamatory and damaged the reputation of Glass and his company.
The lawsuit names Melfi as an individual and not in his capacity as mayor. Atty. Paul Cristallo of Solon was hired by the city's insurance carrier to represent Melfi.
No trial date has been set. Judge John M. Stuard has scheduled a pretrial hearing in the case for Nov. 18.
Employees subpoenaed
Atty. Lawrence H. Richards of Youngstown, representing Tom's Sewer, had subpoenaed city employees and taken three of four depositions on city time.
Richards said Tuesday that he called the employees who work at the treatment plant to determine the source of Melfi's purported comments.
Richards explained that he first attempted to depose the workers on Columbus Day, but was informed by Melfi's attorney that the employees probably wouldn't want to use the holiday to answer questions.
Richards said he questioned the three of four workers and plans to question others, including those in other departments.
On Tuesday, Melfi sent a letter to law director Mark Standohar asking him to seek legal action against Tom's Sewer and Richards "for costs that the city incurred and will continue to incur."
Melfi pointed out in the letter that an attorney representing the company informed city council that the lawsuit is a personal matter and doesn't involve city money.
"To this point," the mayor wrote Standohar, "only city dollars have been spent."
Weekends OK
Richards said he could take employee depositions on a Saturday or Sunday. "I don't have a problem with that," he added.
Melfi said that by contract employees must be paid if they are deposed on city time, and premium time on weekends.
yovich@vindy.com