Former MVSD official files mandamus action seeking $26,521
Anthony Vigorito claims he is owed back pay and sick-leave pay
By Ed Runyan
Anthony Vigorito of Niles, former chief engineer and former plant operations manager with the Mahoning Valley Sanitary District, has filed legal action seeking $26,521 in back pay and sick- leave pay.
Vigorito, 42, was sentenced to one year of probation Dec. 4 in Mahoning County Common Pleas Court after pleading guilty to attempted forgery, criminal noncompliance with the state’s safe-drinking-water law and tampering with records, all misdemeanors.
Vigorito originally had been indicted on six felonies – two counts each of forgery, criminal noncompliance and tampering with records in connection to training certificates he issued to Youngstown Water Department employees.
He was accused of falsifying certificates in 2013 and 2014 by claiming they had taken the courses, when, in fact, they never took or completed the classes.
The MVSD board placed Vigorito on unpaid leave in April 2017, according to documents in the case.
Vigorito’s mandamus action, filed in Trumbull County Common Pleas Court, seeks $14,925 in back pay on the grounds that Ohio law only allows an employee to be on unpaid leave for two months if charged with a felony offense.
That same employee must get back pay for the time he or she was on unpaid leave if the employee is later found not guilty of a felony offense, the suit says.
A mandamus action is one that seeks to order a government agency or individual to perform, or refrain from performing, a particular act, according to “The Free Dictionary.”
Vigorito demanded $14,925, but the MVSD has refused, the suit says.
Under the terms of a June 28, 2017, resolution, the MVSD abolished the position of plant operations manager – Vigorito’s position at the time – and terminated his employment, the suit says.
At that point, Vigorito was paid half of his sick-leave benefits, but he is entitled to an additional $11,569 in those benefits, the suit says.
Atty. Thomas Wilson, legal adviser to the MVSD, said Monday he is writing a response to the suit that will be filed with the court soon, but he is not authorized by the MVSD board to comment on specifics of the action.
“We will respond to it promptly, and we will, for a number of reasons, defend it,” Wilson said.