Court upholds dismissal

Staff report

WARREN

The 11th District Court of Appeals in Warren has affirmed a trial judge’s decision that the Warren Civil Service Commission was correct in its interpretation of the rules used to lay off Warren Operations Director Frank M. Tempesta in July 2009.

Tempesta, who had worked for the city from 2000 until 2009, was among dozens of city workers who were laid off when the city experienced financial problems starting in 2008 that resulted in a cut in the 2009 budget.

After being laid off, Tempesta, a nonunion management employee, filed suit in common pleas court. After Judge Andrew Logan of Trumbull County Common Pleas Court ruled against him, Tempesta appealed the decision to the 11th District.

The city decided to lay off one of three service-operations directors and recommended that it be Tempesta because he had the lowest number of retention points of the three based on length of service.

Of the other two, David Mazzochi had worked for the city since 1981, and Leann O’Brien had worked for the city since 1986.

Tempesta argued that the commission should have considered efficiency of service in determining his retention points.

But the appellate court said the language in state law is that a city “may include efficiency in service, appointment type, or similar other factors” in determining layoffs but did not have to.