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Campbell employees to be paid; suit filed
By jeanne starmack
campbell
City employees are being paid, but an ongoing dispute over who should be the city’s finance director is now in court.
Finance Director Sherman Miles, whose suspension by Mayor George Krinos delayed the issuing of paychecks Friday, has filed a lawsuit — along with members of the city council — against Krinos.
City officials had said before that only the finance director can sign paychecks.
The city’s law director, Mark Kolmacic, said earlier this week that even though Miles was suspended, he could sign the checks. Miles agreed to do so.
But Krinos would not allow it. He blocked Miles from signing the checks, saying he’d obtained legal advice from a private attorney who said a suspended employee shouldn’t be performing daily activities.
At a special meeting set for Friday night, Krinos was going to ask council to let him appoint a new finance director. He wants to appoint Stephen O’Dea, a former city finance director from the 1980s and early 1990s. He said that O’Dea would sign the checks if he were appointed.
Except for Bryan Tedesco, council members did not show up. With no quorum, the meeting could not take place. It appeared as if employees would not be paid.
But then, city administrators worked out a plan to have the administrator, Lew Jackson, fill out paperwork at the city’s bank today so that he can sign the checks.
Kolmacic told an angry crowd who packed council’s meeting room Friday that council members were advised not to come to the meeting by the attorney who’s representing them and Miles in the court case.
That attorney, John B. Juhasz, filed a motion for a temporary restraining order and a request for a preliminary and permanent injunction Thursday in Mahoning County Court of Common Pleas.
The complaint requests Miles’ reinstatement, asserting his suspension was contrary to law.
The complaint also states that Miles is a “hybrid employee” who serves the council and the mayor, so he can’t be disciplined without action by both.
Kolmacic and Juhasz went into a hearing before Judge James Evans on the TRO, which would have allowed Miles’ immediate reinstatement.
Miles said that if the TRO were granted, he intended to go to the city building to try to sign the checks.
During the hearing, Krinos called the judge and asked for it to be postponed. The judge granted the request. The hearing will resume at 1 p.m. Monday.
Miles was suspended after an argument following a city council meeting April 7. He got into an argument with O’Dea, who was appointed by Krinos on April 8 as assistant finance director. The lawsuit also asks the court to declare that appointment void.
Kolmacic had told Krinos and council earlier this week that O’Dea’s appointment went against the charter and was void.
Several people in the meeting room Friday said council members who didn’t show up should be recalled.
“I’m 85 years old, and if I have to go door-to-door, I will get each and every one to sign a petition and throw every one out,” said resident Katherine Garman.
Resident Diane DeLuca said the situation is embarrassing. She said council and the mayor have a responsibility to work together. “It’s getting to be ridiculous,” she said.