Ex-law director files lawsuit against Newton Falls officials

By ED RUNYAN

runyan@vindy.com

WARREN

Richard Schwartz, a former Newton Falls law director, has filed a wrongful employment-termination suit against the city, Mayor Pat Layshock and five members of Newton Falls City Council.

Schwartz seeks more than $25,000 in damages.

The suit says Schwartz was wrongfully terminated from his position with the city April 5 for raising questions about possible unethical and illegal actions by Layshock.

Layshock, when contacted Friday about the lawsuit, said he had not seen the suit and had no comment.

Layshock engineered Schwartz’s termination because Schwartz told Layshock and city Manager Jack Haney on Feb. 12, 2009, that Layshock was potentially breaking the law by asking Schwartz and others to secure federal funding for the development of land owned by Layshock’s brother, the lawsuit said.

Layshock used his influence to try to obtain federal funds to benefit property owned by his brother to push for annexation of certain lands and to direct city funds for infrastructure improvements that “clearly violated Ohio Revised Code,” the suit said.

Layshock’s behavior toward Schwartz became “more abusive” at that point, the lawsuit said, leading Schwartz to write a memo to Haney on March 13, 2009, in which he said Layshock’s actions had become “extremely threatening.”

The lawsuit said the questions Schwartz raised about Layshock led city council to authorize an investigation of the mayor and eventually caused Layshock to resign as mayor July 6, 2009.

Layshock’s resignation triggered a series of legal battles that made their way through three different courts — Trumbull County Common Pleas, Trumbull County Probate Court and Ohio’s 11th District Court of Appeals.

Schwartz represented council member Thomas Moorehead in those lawsuits, in opposition to Layshock.

On Nov. 13, 2009, the appeals court ruled that Layshock had been improperly denied the opportunity to rescind his resignation, and he was restored to the position of mayor.

Schwartz’s lawsuit also says city council had three illegal private meetings this year — Jan. 11, Jan. 13 and March 1 — to discuss Schwartz’s employment. Having illegal meetings on that topic should void the decisions council made later to fire Schwartz, the lawsuit said.