Dover law director seeks dismissal of restraining order request - Times Reporter
DOVER — Law Director Doug O'Meara has asked a Tuscarawas County court to dismiss a complaint filed by Mayor Richard Homrighausen, who is seeking a temporary restraining order to prevent the city of Dover from enforcing the terms of a settlement agreement with three fired employees.
The motion was filed this week in the court of Common Pleas Judge Michael Ernest.
In his motion, O'Meara alleges that the mayor lacks jurisdiction in this matter, lacks standing to bring this action and has engaged in the unlawful practice of law by filing suit in his official capacity on behalf of Dover and the state of Ohio.
Homrighausen has also sought an order restraining the city and O'Meara from preventing the mayor from obtaining legal counsel at Dover's expense.
The filing is the latest in the ongoing battle over the fate of three former city employees — former Service Director Dave Douglas, former Safety Director Gerry Mroczkowski and Eva Newsome, the mayor's former executive assistant, all of whom were fired in December.
The employees have filed an appeal with the State Personnel Board of Review. The employees allege that Homrighausen violated whistleblower statutes because they provided testimony during a council investigation last year into the mayor's conduct.
Council approved a settlement with the three on Feb. 8, allowing the employees to return to work. Homrighausen vetoed the settlement, and council overrode his veto.
The mayor has also asked the State Personnel Board of Review to stay its proceedings on the appeal and filed an action in common pleas court, requesting that Dover appoint legal counsel to represent him in his official capacity because O'Meara will not represent him.
The state board has yet to act on the employees' appeal.
According to O'Meara's filing, "Plaintiff (Homrighausen) now seeks to bring spurious and legally unsupported claims to demand the city pay to defend his unlawful actions and prevent the execution of the settlement agreement. This court should reject those efforts and dismiss those claims."
In the motion, O'Meara argues that if the mayor wants legal counsel to represent him, he can hire one and pursue an indemnity action to recover those fees and costs.
"Law Director O'Meara is Dover's lawyer, and serves the mayor, safety director, service director and other officers, but does not represent them," it said. "He is not the plaintiff's personal attorney; and the city has no requirement to provide the mayor with legal representation at the city's cost."
The motion also notes that O'Meara offered Homrighausen representation by the assistant law director, but the mayor refused that.
Ernest has scheduled an oral hearing on the issue for 10 a.m. April 11.
source: https://www.timesreporter.com/story/news/2022/03/23/dover-law-director-seeks-dismissal-restraining-order-request/7129165001/
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