Charges against Marrara brothers were dismissed because of grievance, Niles prosecutor says

Staff report

NILES

Niles Prosecutor Terry Swauger says criminal charges against Matthew and Michael Marrara over the gasoline they were accused of stealing from the city Jan. 31 were dismissed last month.

Charges were dismissed because of the outcome of a March grievance hearing for Matthew Marrara.

Swauger and Mayor Thomas Scarnecchia said the hearing officer ruled that Matthew’s termination from his job as a meter reader should be reversed because of the language in the collective-bargaining agreement.

Matthew, 53, who has a good work record, was returned to his job after the hearing, Scarnecchia said.

Scarnecchia said he believes an effort will be made next year to change the language to better define how employees can use city fuel.

The brothers were charged and Matthew was fired after Michael was seen using Matthew’s fuel allowance and putting $20 worth of fuel in Michael’s vehicle.

The contract allows workers to use 15 gallons of city fuel per week with “no restrictions,” Swauger said.

Because of that, it wouldn’t be possible to prosecute Matthew for petty theft when “he’s entitled to it,” Swauger said.

The same rationale holds true for Michael, 60, who was charged with misdemeanor receiving stolen property.

There can’t be any receiving stolen property if nothing was stolen, Swauger said.

According to Niles Municipal Court records, Judge Thomas Townley dismissed the petty-theft charge against Matthew and receiving stolen property against Michael on May 12.

Michael, a former Niles sewer maintenance worker, had been out of prison four weeks at the time he was charged.

He went to prison for one year for stealing $97,000 while working as maintenance supervisor for Mount Carmel Catholic Church in Niles. He was released from prison Jan. 3.