Ex-grounds supervisor sues fair

Photo

Paul Moracco

By Denise Dick

The lawsuit refers to a confidentiality clause in a separation agreement between the fair board and the former employee.

YOUNGSTOWN — The former grounds supervisor at the Canfield Fair is suing the fair board for more than $100,000, contending breach of contract.

Paul F. Moracco of Canfield filed the lawsuit this week in Mahoning County Common Pleas Court against the Mahoning County Agricultural Society, doing business as the Canfield Fair.

Moracco, 56, resigned from the job April 25 and executed a separation agreement and general release May 20 from the agricultural society.

“The Mahoning County Agricultural Society offered the agreement to Paul Moracco for the consideration of $3,680,” the lawsuit says. “Paul Moracco accepted the offer.”

The separation agreement includes a confidentiality clause saying both parties “will not publicize the existence of this agreement nor any of the terms or conditions of this agreement nor any of the disputes between the parties to anyone...”

Moracco’s lawsuit, filed by Akron Atty. James McElroy, says the fair board “published the agreement; thereby, creating a material breach of the contractural agreement.”

McElroy said published means the fair board “shared” the agreement with someone.

He declined to comment about the lawsuit.

“We’d rather do that in the legal system where we filed it,” McElroy said.

Atty. Mark Fortunato, who represents the fair board, couldn’t be reached.

The Vindicator received a copy of the separation agreement after filing a public records request to the fair board July 1.

Moracco was elected last November to his fourth term as a Canfield Township trustee and resigned from that position in June. That resignation came after an executive session where trustees, including Moracco, discussed creating a new township position: roads superintendent and construction projects manager.

Moracco then applied for the manager job and was among four applicants interviewed by trustees Bill Reese and Randy Brashen, who decided to hire him. Moracco had accepted the job but then declined it before he was to start work, after a Vindicator editorial said it would constitute an ethics violation for Moracco to take a job that he helped to create, and attorneys for the township agreed.