Mayor files countersuit over finance director

By JEANNE STARMACK

starmack@vindy.com

campbell

The mayor has filed a counterclaim against the finance director and council members who sued him over the finance director’s suspension in April.

The counterclaim, filed Wednesday in Mahoning County Common Pleas Court, came in the midst of talk from both sides about settling out of court.

At Wednesday’s council meeting, council member Bryan Tedesco called for the parties to try to work out their differences.

“I’m trying to save the citizens of Campbell a little money and get on with balancing this budget,” Tedesco said.

The city is facing a money crisis that could shut it down if it runs out of money by November.

Mayor George Krinos said Wednesday that he has asked to have the suit dropped, and the counterclaim was his lawyer’s idea.

He said that he and finance director Sherman Miles are working together better than before. Krinos had made several attempts to replace Miles, who was appointed last fall by previous mayor Jack Dill.

Council, which has the final say over the appointment of a finance director, resisted the attempts.

“I have no intention of getting rid of Sherman,” Krinos said Wednesday, added that during negotiations between lawyers for the two sides, he asked only for Miles to publicly apologize to Stephen O’Dea, whom Krinos appointed assistant finance director at a council meeting April 7. After the meeting, Miles and O’Dea got into an argument that prompted Krinos to suspend Miles.

Miles was one of many people who raised their voices that night — the council meeting had been abruptly adjourned, and the crowd there got out of control. Police escorted people out of the meeting room.

Police brought a charge of disorderly conduct against Miles to city Law Director Mark Kolmacic, who refused to prosecute the case.

Miles and all five city council members sued for his reinstatement, saying that Krinos overstepped his authority in suspending an official who also answers to council as well as the mayor. That suit also called for voiding the appointment of O’Dea because Krinos didn’t consult with council on the need for an assistant finance director in accordance with the city’s charter.

Common Pleas Judge Lou D’Apolito granted a temporary restraining order allowing Miles to return to work and barring O’Dea from the post, and a hearing on an injunction making the order permanent has been continued twice. It is now set for 11:30 a.m. Thursday.

Miles said Wednesday that he and council made an offer to settle, but it was rejected. He said his attorney advised him not to discuss the specifics of the offer.

The counterclaim outlines three attempts by Krinos to replace Miles, saying that according to state law, the council cannot compel him to work with appointees of the previous mayor.

The claim states that the city’s charter requires the approval of council in appointing a finance director.

By not doing so, the claim argues, council has assumed ultimate power over the position.

“Council is forcing the city’s chief executive to retain an executive-department officer who has a poor working relationship with the mayor and in whom the mayor has little confidence or trust,” the claim says.

The claim asks the court to declare Krinos has the sole authority to appoint a finance director, to declare his nominees were all qualified, that council abused its discretion by failing to confirm Krinos’ appointees, and to declare that council must take action to confirm either Dennis Pavlansky, a previous nominee, or O’Dea.

The counterclaim also asks the court to declare Krinos has the sole authority to discipline Miles. The city’s charter does not address that issue but defers to Ohio law, which would require a hearing before the council before he could be disciplined, the plaintiffs contend.

The claim also asks that the court allow Krinos to reinstate O’Dea as assistant finance director.