WARREN — Trumbull County commissioners voted Wednesday to settle the lawsuit filed by former Commissioner Niki Frenchko and Open Government Advocates for $51,000.

In the settlement, Frenchko and representatives of Open Government Advocates will split $1,500 and the law firm of Barron, Peck, Bennie and Schlemmer will get the remaining $49,500. The county will pay for the settlement using county general fund dollars.

Commissioner Denny Malloy said that while personally he wanted to go to trial, it was recommended by former Trumbull County Common Pleas Judge W. Wyatt McKay — who was hearing the lawsuit — that the county settle it to stop the increasing attorney fees.

Malloy noted there were two to three issues in the open records lawsuit that could have been problematic for the county. However, the majority of the allegations were thrown out by judges during the discovery process.

“If they were successful in any one of the charges, we would have had to pay all of the attorney fees, which could have cost the county three to four times what has been agreed upon,” Malloy said.

Malloy said the 2023 lawsuit alleged the prior Trumbull County commissioners, the county’s records commission and the county’s budget commissions committed technical violations of the open meetings act. Further, it stated that former Commissioner Mauro Cantalamessa, former Sheriff Paul Monroe and two deputies improperly destroyed text messages on their personal phones.

“The lawsuit settles all claims that were brought against all of Trumbull County elected officials and two of its statutory commissions,” Malloy said. “We settled the lawsuit in order to move forward from this action brought by former commissioner, Niki Frencko.”

Malloy called it sad that the county’s elected officials spent nearly two years fighting alleged Sunshine Law violations brought on by a former commissioner.

“All this so she and her accomplices can personally pocket $1,500 of taxpayer funds,” he said.

Malloy said it has put a knot in his stomach that Trumbull County will pay a single penny.

“We have to do it,” Malloy said. “We got played. We got used. I urge our state representative to prevent this from happening again. They need to come up with legislation to protect cities, municipalities and townships from being targeted and robbed for ‘gotcha moments.'”

Commissioner Tony Bernard said the current board met with McKay in January. At that time, the visiting judge recommended that a settlement needed to be considered.

“So the attorney fees could stop,” Bernard said. “He recommended the fees could raise to $50,000 to $60,000 to $90,000 and more.”

Commissioner Rick Hernandez said their backs were against the wall.

“This board wants to move on and work together for the benefit of the county,” he said.

Malloy said he was named in one count of the lawsuit, which dealt with him deciding to send county employees home early when she was being unruly.

“The judge dismissed that count,” Malloy said. “It was not part of this. It was thrown out.”

Malloy said attorney Brian Ames of Mogadore (in Portage County), who leads Open Government Advocates, filed 52 other lawsuits against communities and local government entities over the past year in connection with open meeting laws.”

“He is doing this to put money in his own pocket,” Malloy said. “His attorney in Cincinnati does that to make a living. They made a living preying on vulnerable villages and townships.”

Malloy said the commissioners now have some of the best record-keeping equipment and procedures.

“Mistakes happen occasionally,” he said. “We did not want to take a chance of going to trial and having to pay all of their attorney fees. We just had to stop the bleeding.”

After the commissioners voted to settle the lawsuit, Frenchko stated the previous commissioners routinely violated the law and the public trust, and had to be held accountable for their actions.

“My efforts have always been to correct misconduct, and it’s unfortunate they wouldn’t do so based on my guidance — rather than a lawsuit,” she said. “The case should have been settled last year, for a fraction of the cost, but for political reasons, Malloy and Cantalamessa wasted taxpayer funds on legal fees for matters where the offenses were flagrant.”