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WARREN -- A Trumbull County Common Pleas Court judge has ruled a former Newton Falls village clerk, who was fired in 2022, is owed $252,458 for the unpaid balance of her employment.
Judge Cynthia Rice ruled this week Kathleen King is entitled to summary judgment, and her contract should not have been terminated by village council in 2022. The ruling states the contract was valid.
King served as village clerk from 1993 to February 2022.
In November 2020, council gave King a contract for $72,000 per year. It was to be terminated only if she was convicted of a felony. King has not been convicted of or charged with a felony.
In December 2021, a new council repealed the previous ordinance on King's contract because it failed to indicate why it originally was passed as an emergency ordinance.
The lawsuit states King was reverted to an hourly employee and was informed her pay would be $28 per hour, or $58,240 per year.
On Feb. 25, 2022, council held a special meeting and voted 3-2 to terminate King's employment.
Voting to terminate King's contract were council members John Baryak, Mike Serotko and Tesa Spletzer. Voting against the termination were council members Chris Granchie and Julie Stimpert.
King sued and sought summary judgment that council's actions to declare the agreement void were unconstitutional and were a breach of contract, and sought a lump sum of $252,458, which represents the balance due under the employment agreement, according to the lawsuit.
The village also filed a motion for summary judgment, asserting the alleged employment contract was void at its creation and therefore unenforceable. It was denied.
In 2022, King was the fifth village official in less than a year who had been removed from office by village council. Also fired since 2021 were village Manager David Lynch, Finance Director Anna Musson, Law Director Joseph Fritz and police Chief Gene Fixler.
Mayor Ken Kline said Wednesday the incident of King's firing is another example of how the village is put in a negative light.
"It's just an example of how the village has got to start doing things right. It is unfortunate that we continue to make Newton Falls look bad. Things need to start being done correctly," he said.
Several residents at the February 2022 meeting when King was fired expressed anger at council's actions.
Resident Adam Zimmermann, a former councilman, said at the time, "council's witch hunt is complete. It was predicted that this would happen last July."
Baryak said at the meeting he would not comment on the specific reason for King's removal, but said "Council feels it is time to go in a new direction."
Alfred Schrader, who was serving as law director at that time, said King was an "at-will employee" serving village council, and the 3-2 vote indicates she was "not pleasing her employer."