Auroraadvocate.com - Village officer seeking back pay, reinstatement

by Andrew Schunk

Editor

Reminderville -- A former police officer who was laid off in February has filed a civil complaint against the village, mayor, police chief and fiscal officer, seeking back pay and reinstatement to his full-time position.

"I have a feeling something will be worked out before this goes any further," Mayor Sam Alonso said.

Reminderville Law Director Paul Carpenter did not return calls seeking comment, and Police Chief Jeff Buck and Fiscal Officer Linda Baker declined to comment.

According to the complaint filed March 25 in Summit County Court of Common Pleas, former officer Richard Nemecek of Stow contends he should not have been laid off Feb. 18 "for budgetary reasons" because he has "more seniority and service time" than at least two other full-time village officers.

"I don't look at faces and personalities when I make a recommendation. That doesn't matter," Alonso said. "If the [police and fire commission] says that's ... who should be laid off, then that's who it is."

Some village officials have said that if federal stimulus money, for which the village recently applied, is granted, Nemecek could be rehired sometime this summer.

ACCORDING to the complaint, Nemecek received a letter from Carpenter on Feb. 17 stating that the officer would be laid off, at the recommendation of the police and fire commission, for budgetary reasons.

But, the complaint alleges, state law dictates that Nemecek can only be laid off by a majority vote from Village Council, not the law director, police and fire commission nor mayor.

"No matter how the commission ultimately arrived at its decision, Ohio law gives Village Council the final say," said Nemecek's attorney S. David Worhatch, on March 25.

Nemecek had previously refused to resign at Buck's request for the same reason, the complaint states.

The complaint also argues that Nemecek's layoff may have been retaliatory in nature, citing an alleged dispute between Nemecek and Buck.

Nemecek has been a police officer for 13 years, Worhatch said. He made $21.72 per hour at the time of his layoff, according to Buck, and had been employed with the village since March 28, 2006.

According to Baker, Nemecek has applied for unemployment and is not receiving benefits from the village.

Officials with Judge Lynne Callahan's office said the village and its officials have about a month to respond to the complaint.

E-mail:

aschunk@recordpub.com

Phone: 330-688-0088 ext. 3170