City seeks dismissal of ex-clerk’s lawsuit

The ex-clerk contends that a former councilman sexually harassed her — a claim he strongly denies.

By DAVID SKOLNICK

CITY HALL REPORTER

YOUNGSTOWN — The city filed a motion to dismiss a wrongful-termination lawsuit filed against it by an ex-city clerk.

Neil D. Schor of Youngstown, who is representing the city in this matter, asked Judge James C. Evans of Mahoning County Common Pleas Court on Thursday to throw out Arlene Bahar’s lawsuit filed April 13, 2007.

Bahar’s lawsuit states she was fired in February 2006 after complaining about being sexually harassed for more than four years by then-Councilman Artis Gillam Sr., D-1st. The firing was “in retaliation for having truthfully and in good faith opposed the unlawful discriminatory practice” of being sexually harassed by Gillam, the suit states..

Gillam, who is married to Councilwoman Annie Gillam, D-1st, insists he never sexually harassed Bahar.

Schor’s request contends that Bahar failed in her lawsuit against the city to properly plead a claim of sexual harassment by not establishing that it was unwelcome, was based on her sex and that it created an abusive working environment, as required under state law.

Also, Schor wrote that Bahar’s lawsuit should be dismissed because she failed to follow state law by not naming in her legal filings those who voted to fire her.

Gregory A. Gordillo of Cleveland, Bahar’s attorney, couldn’t be reached Friday to comment on the city’s motion to dismiss.

Council voted 4-3 on Feb. 15, 2006, to fire Bahar, who held the job since October 1998.

Shortly before council voted to terminate her, Bahar wrote a letter to each of the seven council members raising concerns about Gillam’s behavior and feared she was going to lose her job.

Gillam said Bahar was fired because she repeatedly failed to report to work on time despite being warned it could lead to her firing.

Based on Bahar’s letter, Gillam filed a lawsuit in February 2006 stating her accusations caused him “public hatred, contempt, ridicule, shame and/or disgrace.”

Bahar countersued Gillam on April 24, 2007. The two unsuccessfully attempted to work out the issue in mediation.

A trial is scheduled to start May 27.

No trial date is set for Bahar’s lawsuit against the city.

skolnick@vindy.com