Trending
WARREN -- Trumbull County Commissioner Niki Frenchko and the commissioners' clerk now have new rules for staying away from each other.
A judge hearing the civil protection order case between Frenchko and the commissioners' clerk has rescheduled the full hearing on the matter for 1 p.m. Feb. 4.
Retired visiting Judge Patricia Cosgrove of Summit County amended the conditions of the temporary protection order she approved Jan. 7 for clerk Paula Vivoda-Klotz against Frenchko.
The new conditions will allow the two to work together in the same office site and communicate with each other for the official business of the county, the judge wrote in the new order filed Monday. The order includes that both parties must say at least 10 feet from the other at all times when in the commissioners' office.
Monday's hearing on the permanent order, which was to be conducted by Zoom video teleconference, had to be canceled because of a weather-related power outage at the Summit County Courthouse, where Cosgrove was to be to lead the hearing. This is the second time the hearing had to be rescheduled. First, it was reset to Monday because of a scheduling conflict for Vivoda-Klotz's attorney, John Juhasz.
"We just need to have a hearing and it's gone way too long now," Frenchko's attorney David Betras said. "My client didn't agree with some of these things (conditions). But we'll go to the hearing and let the chips fall where they may. I told Niki if she doesn't feel comfortable going to the office, then she shouldn't. But it's a shame that a commissioner has to be subject to this."
In the order setting the new conditions, Cosgrove ruled:
• Neither Vivoda-Klotz nor Frenchko shall directly -- or indirectly through third persons -- threaten, harass or attempt to cause physical harm or mental distress to the other. This includes filming each other in the office using a cellphone camera or other device. Each party is also barred from posting or being responsible for any internet or social media site information about the other;
• Because Vivoda-Klotz is assigned a private office, Frenchko is not allowed for any reason to enter that office;
• Before entering the commissioners' office on the fifth floor of the Trumbull County Administration Building, Frenchko must send a text message to office staff to alert Vivoda-Klotz that Frenchko will be coming, so that the clerk may close the door to her office and avoid contact;
• Except when it is impractical because of seating arrangements at public meetings, or as the parties find it necessary to travel through the office to do certain jobs, the 10-foot limit must remain in effect at all times. While the parties are not in the office, the two must keep at least 50 feet away from each other, which is twice the distance of the original order. The judge asks other commissioners and office staff to cooperate in arranging seating at public meetings that will comply with the 10-foot limitation as much as possible, the judge states;
• Should the parties accidentally contact each other in the office, such as in a hallway, the judge ruled that each shall separate from the other by walking in a different direction as to not violate the 10-foot limit.
• Because Frenchko has a concealed-carry permit, the judge ruled that when she enters the administration building, she must be subject to a magnetometer or other metal detection screening device examination.
Frenchko's weapon has not been confiscated, but the commissioner confirmed she had to turn in her permit because of the temporary order. Frenchko said she had never taken the gun to the office because no one is allowed to take firearms into a public building.
The judge wrote that these conditions shall remain in force until the hearing on Feb. 4.
Cosgrove was assigned to hear the case by the Ohio Supreme Court after the judges in Trumbull County Common Pleas Court recused themselves from the case.
The hearing stems from a complaint lodged against Frenchko by Vivoda-Klotz. The incident involved Frenchko allegedly following Vivoda-Klotz into Vivoda-Klotz's office, closing the door behind them and locking it, according to a sheriff's report.
There was video of the incident. On the video, Vivoda-Klotz could be seen walking out of the office through a second door with Frenchko following her. Vivoda-Klotz was heard saying goodbye to her co-workers and then leaving the office.
Full hearings involving complaints filed by two other employees of the commissioners office against Frenchko have also not be reset. Cosgrove refused to issue temporary protection orders involving those two commissioners' office workers.