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Struthers official seeks to rescind resignation
STRUTHERS — The city’s law director is trying to rescind her resignation, but the mayor does not want to accept that rescission.
The dispute ended up before Mahoning County Common Pleas Judge R. Scott Krichbaum’s magistrate, Tim Welsh, in an evidentary hearing Tuesday.
Mayor Terry Stocker is arguing that Carol Clemente Wagner’s resignation is final, and steps have been taken to fill her position, he said Tuesday after the hearing.
Clemente Wagner is arguing that the resignation letter she sent Stocker on Oct. 29 was only a courtesy notification, and she has the right by law to rescind that resignation at any time until it is effective, said her attorney, John Juhasz. The effective date is Nov. 30. Stocker has no authority to force her to go through with the resignation, they contend.
The law director is an elected official, and the procedure is different than when a hired employee resigns, Juhasz said Tuesday.
The magistrate is expected to give a decision soon, likely before the week ends, said Stocker and Juhasz.
When Clemente Wagner resigned, she said it was for personal and family reasons.
On Nov. 16, she gave Stocker a letter indicating she intends to rescind the resignation. She said she intends to serve out her term, which expires Dec. 31, 2011.
She did not give a reason for her rescission in the Nov. 16 letter. She said Tuesday she doesn’t have to.
Juhasz said Clemente Wagner “alluded briefly” in court Tuesday that people asked her to reconsider the resignation.
Stocker told Clemente Wagner in a letter Nov. 17 that he would not accept the rescission, Juhasz said. In the letter, Stocker said he was proceeding to fill the vacancy as outlined in the Ohio Revised Code. He said he has notified the Mahoning County Democratic Party, which was to meet Dec. 7 to choose her replacement. He said he appointed an interim law director, Dominick Leone.
Tuesday’s hearing happened quickly. Clemente Wagner’s attorneys, Juhasz and Lynn Maro, filed an application Monday for a temporary restraining order to prevent Stocker from appointing Leone and filling what they contend is a vacancy that does not exist.
The filing also had a complaint for a declaratory judgment, Juhasz said.
The magistrate decided to have the evidentary hearing, which included testimony and exhibits.
Juhasz said the magistrate could decide to issue a temporary restraining order keeping Stocker from appointing an interim law director, calling too for another hearing on the issue of whether Stocker has the authority to force the resignation.
The magistrate also could just rule on whether Stocker has that authority.