Niles police chief sues city over salary reduction

The law director said it would surprise him if the chief were earning less than one of his employees.

By ED RUNYAN

VINDICATOR TRUMBULL STAFF

WARREN — Niles Police Chief Bruce Simeone has sued the city of Niles, trying to force the city council to rescind ordinances that he says are reducing his salary.

The lawsuit, filed Thursday in Trumbull County Common Pleas Court, says the chief will earn $228,728 for the years 2006, 2007 and 2008, but should get $260,685, a difference of $31,957.

The lawsuit said his pay was reduced by two ordinances city council passed in 2007.

On April 18, 2007, it changed the difference between the pay for the police chief and his captains from 10 percent to 5 percent. Captain is the top-paid position below chief. The action affected the chief’s pay starting Jan. 1, 2007, the lawsuit said.

On June 6, 2007, city council passed an ordinance that eliminated his $2,160 per year in longevity pay, the lawsuit said.

The result is that in 2008, the chief will earn $80,863, while a captain within the department will make $79,131, the suit said. Based on previous ordinances, the chief should make $89,204 in 2008, the suit said.

The ordinance that set the 10 percent difference between captain pay and police chief pay was established in 2000, the lawsuit said.

In 2006, Simeone earned $67,001, while a captain earned $74,952. And in 2007, the chief earned $80,864, while a captain earned $84,714 plus longevity, the suit said.

The suit was filed as a taxpayer’s complaint, saying Simeone brought the suit for himself, as a taxpayer of Niles and for all other taxpayers of the city.

The suit seeks a judgment declaring that the two pay ordinances from 2007 are invalid, unconstitutional and in violation of the U.S. and Ohio constitutions. It seeks to have Niles Auditor Charles Nader compensate Simeone in the way he would have been if the 2007 ordinances had not been passed.

J. Terrence Dull, Niles law director, said he disagrees with any notion that Niles City Council doesn’t have the right to set the pay for the police chief.

He said he reviewed the matter when Simeone’s lawyer wrote to him on the issue last year and believes the city was proper in its actions.

Dull said the suit may be unique in the area — he’s not aware of a police chief in this area suing his employer over wages.

As for whether he sees it as appropriate for a chief to earn less than his captains, Dull said he would find it surprising if that were the case and believes that was not the intent of city council.

Other city officials could not be reached to comment.

Simeone referred questions to his lawyer, Jack L. Petronelli of Cleveland, who could not be reached to comment.

The suit is assigned to Judge Andrew Logan.

runyan@vindy.com