Mayor, auditor file a lawsuit

The lawsuit alleges a
conspiracy by their political opponents to punish them for winning the election.

By WILLIAM K. ALCORN

VINDICATOR STAFF WRITER

STRUTHERS — City council gave a second reading to an ordinance cutting the salaries of mayor-elect Terry Stocker and Auditor Tina Morell, who Wednesday filed a lawsuit to stop the legislation.

The third and final reading on the legislation would reduce Stocker’s and Morell’s pay by 20 percent each when they take office Jan. 1, 2008. An emergency clause was added to the measure and it is expected to be on the agenda of council’s Nov. 28 meeting,

Stocker is a first-term mayor, and Morell was elected to a second term as auditor.

Council members named as defendants in the lawsuit are: Sherri Hartzell, 1st Ward; Mark Sandine, 2nd Ward; Paul Garchar Jr., 4th Ward; Daniel Yemma, 3rd Ward; and Jerry Shields, at-large.

Mayor Daniel Mamula, whom Stocker defeated in the May 8 Democratic primary election, and the city are also named defendants.

Not a defendant is Councilman at-large Ronald M. Mathews, who, along with Stocker, voted against the measure, which passed 5-2.

The suit Stocker and Morell filed in Mahoning County Common Pleas Court alleges a conspiracy by their political opponents to punish them for winning the election is at the root of the proposed salary reductions.

If it becomes law, the ordinance would lower the mayor’s salary from $41,470 to $33,174 and Morell’s salary from $47,380 to $37,904. Three readings are required for passage of nonemergency ordinances.

Stocker and Morell requested a hearing Wednesday afternoon on their motion for a temporary restraining order and preliminary injunction to stop council from taking action on the salary ordinance. That motion was denied by Magistrate Wade Smith, who said he wanted all parties to the suit present for the hearing. A hearing date was not set.

The defendants met in closed session with Law Director Carol Clemente Wagner at the end of council’s caucus and before the regular meeting began. Neither Wagner nor any of the others would comment on what was discussed. However, one said it was safe to assume the law director did not advise them to delay action on the salary ordinance.

Mamula said he might have more to say on the matter after he consults with his attorney.

Morell would not discuss the lawsuit, but described the salary ordinance as “more of the same ... that has been going on four years.”

Stocker thinks his constitutional rights would be violated if the salary ordinance becomes law, and said he hopes council will reconsider.

In their suit, Stocker and Morell allege that Mamula, Hartzell, Sandine, Yemma, Garchar and Shields acted in concert to “effectuate political reprisals” against the plaintiffs, and at the direction of Mamula, introduced legislation to reduce their salaries “under the guise of fiscal responsibility and alleging the ineffectiveness of Morell in her elected position.”

Their suit says the actions to “impose political retribution against them constitute fraud and a gross abuse of the discretion afforded them by virtue of their offices.”

The plaintiffs say further that any legislation enacted under those conditions is illegal and unenforceable, and demeans the will of the people by degrading their chosen officials.

The plaintiffs asked the court to declare the salary ordinance illegal and unenforceable, and are seeking monetary damages of $100,000 each as well as attorney fees, court costs and other reasonable costs associated with the case.

alcorn@vindy.com