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Ruling returns Miles to job
By jeanne starmack
YOUNGSTOWN
Campbell’s finance director can go back to his job at the city building.
Sherman Miles said he’ll return to work as soon as possible after a hearing Monday before Judge Lou D’Apolito of Mahoning County Common Pleas Court. The judge granted a temporary restraining order to allow Miles’ return. The order is in effect for 14 days.
The TRO also prohibits Stephen O’Dea, whom Mayor George Krinos had appointed as assistant finance director, from serving in that post.
Miles and city council members, also named in the court case as plaintiffs, say the city’s charter requires the mayor to consult with council on whether there’s a need for an assistant, and he did not.
Miles and council members filed their lawsuit Friday, asking for the restraining order and for an injunction prohibiting the mayor from suspending Miles and from appointing O’Dea. A hearing on the injunction is set for 1:30 p.m. May 3.
Krinos put Miles on unpaid leave after an argument after an April 7 council meeting. The argument was with O’Dea, whom Krinos had announced he was appointing as the assistant.
The argument happened after the meeting was abruptly adjourned because it got out of control. Police tried to clear the meeting room, and an officer physically restrained Miles to escort him out. He left the room shortly after with the city’s law director.
Police investigated whether to file criminal charges against Miles. Law Director Mark Kolmacic said last week he would not authorize any.
Miles’ suspension delayed city employees’ paychecks Friday, because only the finance director could sign the checks.
Kolmacic said earlier in the week that Miles could still sign the checks, and Miles agreed to do so on his own time.
But Krinos decided to consult a private attorney Thursday. He said that attorney told him Miles should not be performing daily duties while he was suspended.
Krinos called a special meeting with the council Friday night, saying that if the council allowed him to appoint O’Dea as finance director, O’Dea could sign the checks.
Council, which has final say over who becomes finance director, has resisted Krinos’ attempts to oust Miles. Council members, except for Bryan Tedesco, did not come to the special meeting Friday. Kolmacic told a crowd gathered there that their lawyer in the court case told them not to go.
Kolmacic is not representing either side in the case.
Employees were paid Saturday after city Administrator Lew Jackson went to the bank and became authorized to sign the checks.
Krinos has called for a special meeting tonight to appoint an interim finance director.
He set the meeting Monday before Judge D’Apolito issued his order, and it isn’t clear if that will still be the subject of the 7:30 p.m. meeting, city administrators said.
The restraining order does not preclude council and the mayor from appointing a new finance director in accordance with law.