Commissioners likely to discuss settlement in records lawsuit
Offer made by attorneys representing Frenchko, Open Government Advocates
WARREN — Trumbull County commissioners are expected to discuss next week whether to accept a settlement offer that was presented to them by a judge to settle an open records lawsuit filed by former commissioner Niki Frenchko and Open Government Advocates.
The lawsuit, filed in 2023, alleges that Commissioner Denny Malloy and then-Commissioner Mauro Cantalamessa improperly conducted round-robin communication through phone calls and emails on Feb. 28, 2023, resulting in county employees being sent out of their offices to deescalate a situation in which Frenchko was demanding documents. Frenchko and the group assert that these actions, among others, violate the state’s Open Meetings Act and Sunshine Law.
The lawsuit was filed against the county, former Sheriff Paul Monroe, deputies Harold Wix and Robert Ross, Prosecutor Dennis Watkins, Treasurer Sam Lamacusa, Trumbull’s budget commission and the two commissioners.
The lawsuit alleges various violations of open records law, including:
• The budget commission failed to list the purpose of a special meeting on Feb. 14, 2022, in its notice, violating Sunshine Law.
• The commission lacks a formal rule for notifying the public about special meetings.
• The board of commissioners did not keep written minutes of its workshops, violating Ohio Revised Code, which requires a full written record of proceedings unless a resolution adopting electronic records is passed.
A second document filed by the plaintiff, a motion to compel, requests the court to “compel discovery and award sanctions” under the Ohio Revised Code.
The plaintiff claims Malloy and Cantalamessa show “no respect” for the Ohio Rules of Civil Procedure. The plaintiffs argue the commissioners were unprepared for deposition testimony on several topics despite receiving “clear and timely notice” about 10 weeks in advance.
Malloy on Tuesday said the board of commissioners, which has two new members, has not made any decision on whether it will accept the settlement proposed by the judge. Two status hearings — one on April 18 and a second on May 1 — were reset.
According to court records, former Trumbull County Common Pleas Court Judge W. Wyatt McKay is the judge handling the civil lawsuit.
Frenchko, during a telephone interview on Tuesday, expressed surprise the lawsuit had not already been settled, stating the settlement offer was made several weeks ago.
The former commissioner suggested the idea behind this type of lawsuit is to get the governments that are violating the law to conduct their business in an open and correct fashion.
Frenchko also has a lawsuit in federal court in connection with her July 7, 2022, arrest that took place a week after the then-commissioner criticized Monroe’s handling of inmate care at the county jail.
The lawsuit alleges her arrest was politically motivated and lacked probable cause, while the defendants argue it was a lawful response to her disruptive conduct.
A hearing before a three-judge panel took place last month.
In that lawsuit, Frenchko also sued former commissioners Frank Fuda and Cantalamessa.
Frenchko’s legal team argues that Cantalamessa and others destroyed evidence that showed their collusion in having her arrested.
The defendants argue Frenchko’s arrest was justified by her actions.