WARREN — A Trumbull County commissioners clerk will not get a permanent restraining order against Commissioner Niki Frenchko.

After a three-hour hearing Friday afternoon, visiting Judge Patricia Cosgrove of Summit County denied the protection order against Frenchko on behalf of commissioners clerk Paula Vivoda-Klotz.

The judge also admonished both women for their “unprofessional” conduct in the office and their social media postings.

“I am disturbed with some of the things that I have heard at this hearing. I can’t believe we have public officials and workers running around recording everything with your cellphone,” Cosgrove said in announcing her decision upon motion by Frenchko’s attorney, David Betras, to dismiss the case. “If you are a public servant, it is a privilege.”

“This was absolutely the decision from day one because they had no case,” Frenchko said after the ruling. “I am not going away, and I’m going to make sure I am heard. This is a victory for the 50,000-plus voters who wanted accountability, transparency and change in government.”

Frenchko said she was a little frustrated the judge ruled in her favor before Betras could call on her to testify and present her side of the story.

“That is twice now, at the ex-parte hearing (on Jan. 7) and today, that I was not heard,” Frenchko said. “The judge’s ruling before we put on our evidence proves that (Vivoda)-Klotz’s politically motivated claims were meritless and that she lacked credibility.”

When reached by phone after the decision, Vivoda-Klotz’s attorney, John Juhasz, said he had no comment on the decision.

Cosgrove said the evidence provided by three workers in the commissioners office did not reach the level of menacing by stalking, which, by Ohio law, is the offense for which protection orders are issued.

Cosgrove said the actions by Frenchko did not rise to the criminal level, but the conduct of both women was “disturbing.

“You are both acting like fifth-graders, and that’s an insult to fifth-graders,” the judge said.

“I disagree with the judge’s comments about me; they were based on one-sided testimony from a dishonest, disgruntled employee. The original TRO that was granted was also based on one-sided evidence,” Frenchko said.

The judge on Jan. 7 issued a temporary restraining order on behalf of Vivoda-Klotz against Frenchko after a Jan. 4 incident in which Frenchko followed the clerk into her office and locked the door. The incident was captured on cellphone video and posted over social media.

As the lawyers tried to show it over the Zoom hearing, Cosgrove mentioned “the whole world had seen that video.”

Testimony from Vivoda-Klotz on Friday said Frenchko wanted her to place some names of unspecified board nominees onto the agenda, and the clerk said she refused because it wouldn’t be fair to the other two commissioners’ nominees. Vivoda-Klotz testified Frenchko had phoned her the day before and demanded the changes to the agenda.

“She (Frenchko) got upset because I wouldn’t do something that I thought was unreasonable.”

Juhasz also called two other workers in the office — Dawn Gideon and Shara Taylor — who said they heard the commissioner “screaming at” Vivoda-Klotz and using profanity.

During cross to Taylor, Betras asked her if she uploaded the video of Frenchko following the clerk around the office to a political social media site. Taylor denied this, but she said she did give it to Paul Amos. Betras then showed a video of a post from Amos that wanted Frenchko removed from office.

Vivoda-Klotz said Frenchko’s actions heightened her mental distress, causing nightmares, but both Betras and his partner, Justin Markota, referred to the clerk’s medical records showing some symptoms preceded Frenchko’s time in office. Before 2021, Vivoda-Klotz, who was then assistant clerk, had taken leave from her job for several months.

Juhasz briefly called on Frenchko, who said she did not know about Vivoda-Klotz’s medical condition because it was under her sealed Family Medical Leave file.

“No matter how much the commissioners weaponize staff against me, I will not be intimidated, and I will continue to do what I was elected to do,” Frenchko said after the ruling.