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County engineer’s harassment case gets court date

WARREN — A lawsuit accusing the Trumbull County engineer of creating a “sexually hostile work environment” is scheduled to go to trial in 2020 in federal court, according to court records.

Kenneth Kubala, the former safety manager for Trumbull County Engineer Randy Smith, is suing his former boss in U.S. District Court Northern District of Ohio Eastern Division.

After conferences, the two parties and the court determined the case is not suitable for “alternative dispute resolution” programs. Now a status conference is scheduled for August, a final pretrial hearing scheduled for Jan. 6, 2020, and a jury trial is scheduled for Feb. 20, 2020.

Kubala originally filed the lawsuit in June in Trumbull County Common Pleas Court through Warren attorney David Engler, seeking $50,000 in punitive and compensatory compensation.

The suit was moved because it raises federal issues like freedom of speech and freedom of association, according to a document filed by Columbus attorney Jeffrey Stankunas, who is representing Smith.

On May 7, Kubala wrote a letter resigning from the position of safety manager, stating he was making the move “due to an unhealthy work environment, for my health and wellbeing.”

Kubala’s civil complaint claims Smith subjected him to ridicule, making implications about his sexual orientation.

“On dozens of occasions,” Smith would lick the top of a can of pop “in an uncomfortable manner while looking at Kubala for some type of reaction,” the complaint states.

Smith denies the allegations.

Smith, according to the lawsuit, implied Kubala should have sexual relationships with men on numerous occasions. Smith denied that as well.

And Smith once told Kubala he has “nice, soft hands” and when Smith asked to see Kubala’s hands three months later, Kubala said “no” and Smith grabbed his hand anyway, the complaint states.

In answer to that allegation, Smith’s attorneys state that his comments were comparing “working individuals to lazy individuals.”

Kubala claims Smith told him and other employees not to attend certain political events because they supported people with whom he disagreed.

Smith’s answer states Kubala was once told to “cool it” and not to “volunteer certain information to one particular elected official” until it was appropriate to share the information.

Kubala started in October 2011. His personnel file does not contain any disciplinary action.

Several lawsuits accusing Smith of bullying have been filed in county and in federal court. Several remain active while others are closed.

Smith denies the allegations against him in the cases.

He has been county engineer since August 2011.

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