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County worker’s suit adds defamation charge

YOUNGSTOWN — Attorneys for a Mahoning County maintenance worker suing the county and various officials after being improperly fired amended the federal civil-rights lawsuit to add a defamation count.

Attorneys for Ricky Morrison of Poland wrote in Friday’s amended lawsuit that during an investigation into the termination by acting county Prosecutor Gina DeGenova, Commissioner Anthony Traficanti told her the two other commissioners — Carol Rimedio-Righetti and David Ditzler — voted to get rid of him in retaliation for supporting Rimedio-Righetti’s opponent Republican Geno DiFabio in the last election.

DeGenova said Dec. 13 that she investigated the matter and determined that county Administrator Audrey Tillis, and not the commissioners, fired Morrison. She added that Tillis didn’t have the authority to fire Morrison, that he was being brought back and that Tillis’ “action was not politically motivated.”

Morrison was fired Dec. 2 and then reinstated, effective Dec. 14, with full back pay and medical benefits.

Reached Friday to comment on the amended complaint, Traficanti said during his interview with DeGenova, who was investigating the termination, that she “was well aware of my opposition to the firing. I emphatically stated my opposition to it and the reasons why. I don’t know if the word ‘retaliatory’ was used. But I said it was completely wrong and wanted nothing to do with it.”

He added: “I got it off my chest and felt better after telling the prosecutor everything. She was well aware of my opposition.”

DeGenova also questioned the two other commissioners about Morrison, Traficanti said.

Traficanti said shortly after his meeting with DeGenova, she asked him back to her office to say she was reinstating Morrison, who is undergoing cancer treatment, without a loss in pay or medical benefits and that a letter would be sent to Subodh Chandra, Morrison’s co-counsel with Martin Desmond.

NEW DISCLOSURES

Chandra said Friday: “Traficanti’s new disclosures about what he told DeGenova reinforce the new complaint’s allegations that DeGenova’s cover-up activity was hardly an innocent blunder. It was knowing and malicious.”

The defamation claim is related to comments DeGenova, Ditzler and Rimedio-Righetti made to the media that insinuate that Morrison’s firing was justified and incorrectly state the investigation was not politically motivated, according to the amended lawsuit.

In the initial lawsuit, filed Dec. 23, Morrison’s attorneys claimed intimidation, bribery, telecommunications fraud, interference with civil rights, dereliction of duty, failure to report crimes and violating the state’s open meetings act regarding the termination.

In addition to the county, those listed as defendants are the three commissioners — though Traficanti is listed in the fewest counts — as well as Tillis and DeGenova.

Traficanti said the commissioners met Dec. 1 in executive session and despite his strong objections, the other two voted to fire Morrison.

Ditzler has said the commissioners “had nothing to do with the firing,” but declined to comment on Traficanti’s contention of an executive session. Rimedio-Righetti has said the commissioners didn’t fire Morrison and has avoided answering questions about an executive session.

ALLEGATIONS

Morrison’s attorneys say their client was fired for publicly supporting DiFabio, who lost to Rimedio-Righetti, the Democratic incumbent, in the recent election by 0.14 of 1 percent, 130 votes.

In response to an email from Chandra, DeGenova ruled Dec. 13 that the termination was improper.

The lawsuit said her investigation “went so far to excuse the commissioners’ unlawful behavior (and) falsely exonerates any role in Morrison’s termination.”

It also contends DeGenova’s “unusual conduct was calculated to corrupt and improperly influence” Rimedio-Righetti and Ditzler by “giving them a valuable thing or benefit, namely covering up their personal exposure to public (criticism), civil liability and individual punitive damages resulting from retaliatory conduct. DeGenova did so in consideration for their past and expected continued support for her appointment as prosecutor.”

DeGenova didn’t respond Friday to efforts to reach her for comment on the amended lawsuit.

But DeGenova described the initial lawsuit Tuesday as “scandalous allegations” and mentioned that Desmond unsuccessfully ran in 2020 as a Republican for county prosecutor.

She added: “In today’s world, it seems like public servants have become the target of multiple factions and interest groups and I accept that as part of my public service. However, I cannot let the attacks on my character and integrity, as contained in this complaint, go unaddressed. Accordingly, I categorically deny each allegation of wrongdoing against me.”

DeGenova has said Morrison was fired without her knowledge and reinstated based on her advice.

The commissioners appointed DeGenova as acting prosecutor Nov. 22, five days after Paul J. Gains announced his retirement as prosecutor.

The Mahoning County Democratic Party’s central committee is meeting Jan. 7 to select the person who will fill out the remainder of the prosecutor’s term, which expires Dec. 31, 2024. DeGenova is among the two candidates who is seeking the appointment along with Brad Gessner, chief counsel for the Summit County Prosecutor’s Office. Gessner lost the 2004 Democratic primary to Gains.

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