Trending
WARREN -- Trumbull County Commissioners Denny Malloy and Mauro Cantalamessa have hired the law firm Bricker and Eckler to represent them in a lawsuit filed by Commissioner Niki Frenchko.
The lawsuit claims Malloy and Cantalamessa meet to take official action privately without Frenchko or the public present. The lawsuit also accuses Clerk Paula Vivoda-Klotz of circulating emails to commissioners requesting votes on certain matters with commissioners voting via email and other "round-robin" serial communications.
The lawsuit asks the court to order proper meeting minutes of all commissioners' meetings and that all actions taken during those meetings be invalidated. It also calls for attorney fees and court costs of the plaintiffs be paid for by the defendants.
Frenchko filed the lawsuit as a citizen, along with Brian Ames, an open meetings advocate March 10 in Trumbull County Common Pleas Court. It was assigned to Judge Ronald J. Rice.
At the commissioners meeting Wednesday, which Frenchko did not attend, Cantalamessa and Malloy approved attorney Brodi J. Conover of Bricker and Eckler to represent them and Vivoda-Klotz at a rate of $375 per hour.
"This is a suit that we don't want to take lightly in Trumbull County. It's unfortunate, but the board needs representation," Cantalamessa said.
Cantalamessa said the Trumbull County Prosecutor's Office, which would usually represent the board of commissioners, cannot in this situation because of a conflict. The prosecutor's office gave Cantalamessa and Malloy a list of suggested law firms. Cantalamessa said he interviewed two of the firms and spoke with several local attorneys.
Malloy said he also interviewed several law firms.
"I feel very confident in their ability to represent the board," Malloy said of Bricker and Eckler. "It is, again, very unfortunate that we have to go through this. It's very unfortunate that it's going to cost the taxpayer money for something that I think will play out in court. Again, another black eye to Trumbull County for no reason. Everybody has their rights, and we have our right as a board to defend ourselves."
Bricker and Eckler have offices throughout the state. Conover works out of the Lebanon office outside of Cincinnati, according to the company's website.
According to Conover's biography on the firm's website, he primarily represents government entities with litigation in state and federal courts. He also has been the law director for townships, municipalities and school districts, particularly on Ohio Sunshine Laws, election law and constitutional issues, it states.
Malloy and Cantalamessa also approved Conover to represent them, Vivoda-Klotz, and all other Trumbull County departments, boards, officers, officials, or employees for any future litigation or legal advice needed involving open meetings and public records requests and / or challenges brought by Frenchko, Ames or other potential litigants. Conover also will be retained at a rate of $375 per hour for this purpose.
Malloy said this also was recommended by the prosecutor's office because many employees in the county are getting records requests from Frenchko and Ames. Because the prosecutor's office represents all county entities, the office does not want to give advice on this matter.
Frenchko and Ames are being represented by Matt Miller Novak of Cincinnati.