Judge issues stay on legal actions filed by Homrighausen

NEW PHILADELPHIA — Judge Michael Ernest has issued a stay on three legal actions that Mayor Richard Homrighausen has filed against the city of Dover.

The motions deal with Homrighausen's attempt to prevent the city of Dover from enforcing the terms of a settlement agreement with three employees fired by the mayor.

More:Attorneys present arguments in attempt to dismiss Homrighausen suits

More:Judge hears arguments on motion filed by Homrighausen

The mayor, who will stand trial in September on theft in office charges, was suspended from office in May by a special commission appointed by Ohio Supreme Court Chief Justice Maureen O'Connor.

Interim Mayor Shane Gunnoe, in one of his first actions in office, filed motions to dismiss the suspended mayor’s lawsuits and appeals against the city.

In his ruling, Judge Ernest decided to delay action on the motions until the criminal proceedings against Homrighausen have been completed.

The court determined that Homrighausen is still a “public officer” despite his suspension and indictment.  Although the court agreed with the City of Dover that Homrighausen has no rights, powers or responsibilities as mayor due to his suspension, it concluded that Homrighausen has not ceased to hold the office of mayor at this time. 

The court further determined that Gunnoe cannot yet be substituted for Homrighausen.  Since Homrighausen remains the plaintiff in this case, but cannot exercise the rights, powers, or responsibilities as mayor, Judge Ernest ordered that these cases be stayed and removed from the court’s docket.  

"In the likely event that Suspended Mayor Homrighausen is found guilty or pleads guilty, the City of Dover intends on moving for the dismissal of all claims," said Dolores "Lola" Garcia, who represents the city.

In a fourth, related action, Judge Ernest granted Dover's motion to dismiss a motion filed by Homrighausen for a temporary restraining order to prevent the city from enforcing the settlement agreement with the fired employees, as well as a writ of mandamus compelling the city of Dover to provide him with legal counsel at the city's expense.

The court held that Homrighausen is not entitled to a writ of mandamus because Law Director Doug O’Meara, in his official capacity, defended the City of Dover in the complaint brought by three employees that Homrighausen terminated, as was in line with O’Meara’s duties.

The judge also agreed with the city that Homrighausen did not have a clear legal right to separate counsel at the city’s expense. 

Judge Ernest also denied the motion for a temporary restraining order because he said that Homrighausen was unable to show that he would prevail in the case.