Gargas v. City of Streetsboro9/14/2001
JUDGMENT: Affirmed in part and reversed in part.
The instant case entails both an appeal and a cross-appeal from various judgment entries and orders by the Portage County Court of Common Pleas. Plaintiff-appellant/cross-appellee, Daniel J. Gargas ("appellant"), appeals from the following judgment entries and orders: the January 31, 2000 grant of summary judgment in favor of defendants- appellees/cross-appellants, the City of Streetsboro and Mayor Sally Henzel ("appellees" in some instances) as to his public policy and due process claims; the April 27, 2000 grant of appellees' protective order; the May 2, 2000 denial of his claim for attorney fees and motion for reconsideration, rendering the motion to strike the opinion letter moot; the June 14, 2000 denial of his motion for interim attorney fees and the grant of appellees' motion to strike the opinion letter; and the July 31, 2000 award of damages to him. Appellees cross-appeal the determination that they violated the charter, resulting in the January 31, 2000 denial of summary judgment as to appellant's charter violation claim. For the following reasons, we affirm in part and reverse in part the lower court.
As building director for the city of Streetsboro, appellant was appointed by Mayor Henzel and confirmed by city council. Appellant's duties included issuing all building and zoning permits, supervising the administration and enforcement of zoning and building ordinances, and performing any other duties as city council requested. On February 22, 1999, after approximately eight months of employment, Mayor Henzel issued appellant a letter of termination, effective immediately. This letter did not state a specific reason for appellant's discharge. On March 22, 1999, as required by Section 22.05 of the Streetsboro Charter, city council voted on appellant's termination. City council requested a reason for the termination; however, Mayor Henzel stated that she had cause, but declined to disclose specific reasons to prevent any additional grief. City council unanimously voted not to terminate appellant. The following day, March 23, 1999, Mayor Henzel issued appellant another termination letter. The letter stated they were incompatible and that she received complaints from construction trades, the public, and other city employees. The letter further stated appellant's code revisions contained multiple errors and he unjustifiably increased fees and created budget disputes. City council did not vote on appellant's second termination.
On June 8, 1999, appellant filed an amended complaint alleging wrongful termination, naming the city of Streetsboro and Mayor Henzel, individually and in her official capacity, as defendants. Appellant alleged violation of the Streetsboro Charter, breach of contract, promissory estoppel, abuse of power, violation of public policy, defamation, denial of due process, and other wrongdoings related to his unlawful dismissal. Appellant sought a declaratory judgment, injunctive relief, reinstatement to his position, compensatory and punitive damages, and attorney fees and costs.
Shortly thereafter, on June 14, 1999, appellees filed a motion to dismiss, or, if the court deemed it necessary or appropriate, a motion for summary judgment. The trial court converted appellees' motion to a motion for summary judgment. Appellees attached various documents, including case law, the affidavit of Mayor Henzel, and relevant sections of the Streetsboro Charter. In response, appellant filed a memorandum in opposition attaching, among other things, selected pages from the depositions of Mayor Henzel and other city employees, the city charter, case law, his affidavit, and the two termination letters.
Page 1 2 3 4 5 6 7 8 9 10 Ohio Employee Leasing Services
Employee Leasing Services
|