Struthers mayor objects to magistrate’s decision

A magistrate decided the law director can choose to keep her position.

STAFF REPORT

STRUTHERS — The city’s mayor has objected to a Mahoning County Common Pleas Court magistrate’s decision to allow the law director to rescind her resignation.

Law Director Carol Clemente Wagner told Mayor Terry Stocker she would resign at the end of November but changed her mind.

She notified Stocker on Nov. 16 that she intended to rescind the resignation, but Stocker refused to accept the rescission.

Clemente Wagner took Stocker to court, arguing that she notified him only as a courtesy. She argued he does not have the right to keep her from retaining her office because she is an elected official, not a hired city employee.

Tim Welsh, magistrate for Judge R. Scott Krichbaum, agreed in a formal decision Nov. 25.

Welsh wrote that she had the right to rescind the resignation before it was final Nov. 30.

In an objection filed Monday, Stocker appealed the decision to Judge Krichbaum.

He argued that as the chief executive officer of the city, he appoints an interim law director pursuant to state law.

“Implicit in that statute is his authority to accept the resignation,” his lawyer, Alan J. Matavich, wrote.

The objection also notes that Welsh wrote that the Mahoning County Democratic Party was the entity that would accept the resignation, not Stocker.

Stocker contends he is the proper authority in the case but points out that the Democratic Party accepted the resignation as well — issuing a press release, advertising for candidates and scheduling a meeting to elect a successor.