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Trumbull worker back on the job
By Ed Runyan
WARREN
One of three workers who sued Trumbull County Engineer David DeChristofaro and the county engineer’s office after DeChristofaro laid them off on his first day in office in 2009 returned to her old job as a fiscal assistant at the engineer’s office Monday.
Nicole Klingeman also will receive back pay of $79,423 sometime later this month, according to her lawyers, the Chandra Law Firm of Cleveland.
The two others laid off, both relatives of John Latell’s, the previous engineer, settled out of court for $490,000. At least one of them agreed not to seek his old job back. The lawsuit filed by Klingeman, who is not related to Latell, is still ongoing, her attorney said.
David Rouan, DeChristofaro’s director of administration and governmental affairs, confirmed that Klingeman returned to her old job but declined to comment on whether that would have any effect on her lawsuit. A message left at Klingeman’s phone at the engineer’s office was not returned.
Atty. Subodh Chandra said Klingeman’s return to work was the result of DeChristofaro reversing himself in August as to whether Klingeman was a classified or unclassified employee at the time of her layoff and DeChristofaro’s admission that he “had no right to fire her.”
At the time of the layoffs, DeChristofaro said the reason for the layoffs was because of a lack of work and funds. But DeChristofaro’s former attorney, Chuck Richards of Howland, filed a notice with the Ohio Personnel Board of Review in August, saying he had learned that DeChristofaro’s reason for Klingeman’s layoff was “inapplicable.”
In the filing, Richards said the personnel review board should give Klingeman her old job back and award her back pay dating to Jan. 5, 2009, the date of the layoff.
Chandra said Klingeman’s lawsuit continues, with depositions being taken and additional documents being sought.
Klingeman, of Bristolville, sued DeChristofaro in federal court in March 2009, three months after DeChristofaro laid her off, saying her layoff was motivated by her support for DeChristofaro’s opponent in the race for county engineer, Randy Smith.
The lawsuit said DeChristofaro’s actions violated Klingeman’s First Amendment rights under the Constitution to free speech and association and the 14th Amendment, which guarantees due process and equal-protection rights.
Of the $490,000 paid out so far, the county has been charged $116,203, and the county’s insurance, the Ohio Consortium of Risk Sharing Authority, has paid the other $373,797.
As part of the settlement reached in November with another of the laid-off employees, Matt Dohy of Girard, son-in-law of Latell, Dohy received $66,203 in back pay that was charged to the county engineer’s office.