City of Dover and former mayor present arguments over Homrighausen's actions
NEW PHILADELPHIA ‒ Common Pleas Judge Michael Ernest heard oral arguments Monday on competing motions for summary judgment over legal issues involving former Dover Mayor Richard Homrighausen.
The first motion involved a request by Homrighausen for summary judgment in a suit he had filed against the city of Dover, Law Director Doug O'Meara and three city workers that Homrighausen fired in 2021 but have since been reinstated.
The second involved a request by the city that Homrighausen repay Dover for the compensation he received while he was suspended from office and awaiting trial on theft-in-office charges and the money he received for performing weddings as mayor.
Firing of city employees
The first motion revolves around the firing of Eva Newsome, the mayor's administrative assistant; David Douglas, service director; and Gerald Mroczkowski, human resources and safety director. Homrighausen fired them on Dec. 21, 2021, citing a lack of confidence in them. They returned to work on March 25, 2022, after the State Personnel Board of Review (SPBR) approved an agreement between the city and the employees that returned them to their former positions. The employees alleged Homrighausen violated whistleblower statutes by firing them because they provided testimony during a council investigation in 2021 into the mayor's conduct.
Homrighausen suits: Judge to decide when three Homrighausen civil cases will be decided
At the hearing on Monday, Homrighausen's attorney, Jonathan Downes, argued the agreement was inappropriate and illegal.
He noted Homrighausen was excluded from any deliberations at the State Personnel Board of Review.
"There's no question here, and it is unrefuted that the mayor was at that time the appointing authority," Downes told the judge. "That authority was usurped in this settlement agreement, and we think that was an illegal usurpation of power and that we're asking this court to set aside the settlement agreement."
Robin Wilson, representing the City of Dover, argued he should have appealed that dismissal to the SPBR if he disagreed with it.
"You cannot bring a declaratory judgment action, which is what he has done here, to basically get a second bite of the apple of the appeal of the SPBR decision to approve a settlement agreement which a city decides to enter into with three employees who have been removed from office, because they are telling the city that they were retaliated against, fired, for bringing the wrongdoing of a mayor to the public's attention and the city's attention," she said.
Compensation while on suspension
In the second motion, the city is asking to recover the salary Homrighausen received while under suspension while awaiting trial on theft in office charges and the money he received for performing weddings as mayor.
In January, Homrighausen was ordered to pay $17,210 in restitution and fines as punishment for convictions for theft in office, dereliction of duty and four counts of soliciting improper compensation related to fees he collected for officiating weddings.
Wilson said the city is seeking to recover $77,802.06 he received in compensation while on suspension, beginning in May 2022. That sum includes wages, pension and fringe benefits. The city is also seeking $30,875, the amount it says Homrighausen received for performing wedding since 1996.
"This money needs to be repaid to the city," she told the judge.
Downes argued against summary judgment on the salary, noting Judge Elizabeth Lehigh Thomakos, who sentenced Homrighausen in January, has placed a stay on the sentence while the conviction is appealed.
"They wish this court to ignore the decision of your colleague next door to stay the action," Downes said.
Dispute over wedding fees
He also disputed the amount of the wedding fees, noting Homrighausen was only convicted of the theft of $240 in wedding fees. "So, if there's liability, it's liability for only that which there was a finding of guilt, which is also on appeal in this matter."
Wilson argued Judge Thomakos' stay is a stay of her judgment. "It has nothing to do with our civil case, or getting monies back that were paid during the suspension or receiving recoupment of fees that were wrongfully taken," she told the judge.
Judge Ernest has yet to make a decision on the requests by either Homrighausen or the city of Dover.
Jon Baker can be reached at jon.baker@timesreporter.com.
This article originally appeared on The Times-Reporter: Dover and its former mayor both seek summary judgment in civil suits
