Commissioners Drop Lawsuit Against ADP Board
After being embroiled in a legal dispute for the past year, Geauga County Commissioners made the decision April 4 to drop a lawsuit against the Geauga County Automatic Data Processing board.
After being embroiled in a legal dispute for the past year, Geauga County Commissioners made the decision April 4 to drop a lawsuit against the Geauga County Automatic Data Processing board.
In August of last year, the ADP board unanimously moved to take commissioners to a free mediation through the Ohio Supreme Court to determine whether ADP or the county’s maintenance department, operating under the authority of the county commissioners, had the power to assign and distribute electronic keycards.
However, in September 2022, commissioners filed a temporary restraining order against Geauga County Auditor and ADP Chief Administrator Chuck Walder, Deputy Administrator Frank Antenucci and Chief Technology Officer Allen Keener, accusing them of denying county maintenance staff access to part of the new building.
“I have been disappointed in the board of county commissioners’ filing of this lawsuit since they did so last year. Particularly troubling is their naming of two Geauga County employees who were simply doing their jobs,” Walder said. “It is increasingly difficult to attract and retain competent, hardworking employees into government service and the board of county commissioners’ naming of specific employees was, in my opinion, hitting below the belt and retaliatory.”
Walder said for elected officials, being named in lawsuits comes with the territory.
“To do this to employees is unconscionable and caused unnecessary stress and anxiety to these employees and their families. Both employees deserve a public apology,” he said.
A notice of voluntary dismissal filed April 4 asks for the case to be dismissed without prejudice.
“Pursuant to Rule 41(A)(l)(a) of the Ohio Rules of Civil Procedure, Plaintiff Geauga County Board of Commissioners hereby provides notice of the voluntary dismissal of this action, and all claims alleged against the defendants in this action, without prejudice,” the filing states.
Walder said April 6 he was first made aware of the commissioners’ intent to drop the lawsuit in a letter sent by County Administrator Gerry Morgan.
The Supreme Court mediation was ongoing when the dismissal was filed, he said, adding progress was being made and significant time and energy was invested by ADP staff members and County Prosecutor Jim Flaiz.
“Significant taxpayer money was spent by the board of county commissioners who hired outside counsel,” Walder said. “While I appreciate the commissioners’ decision now to do right by the taxpayers, it comes with incredible tangible and intangible costs.”
In his letter, Morgan said he was writing to request the ADP board approve two proposals the commissioners intend to present at the next ADP meeting — one relating to the operation of the keycard system purchased by commissioners, the other pertaining to technology he said has long been used by the Geauga County Department of Water Resources to operate its water treatment plants.
“The board of county commissioners has directed its legal counsel to dismiss the pending lawsuit against the ADP board and intends to attend your next ADP board meeting to request your approval of two proposals that would allow the Geauga County BOCC to comply with its legal obligations to secure county official buildings and to run the water resources plant in a manner that complies with Ohio law and does not result in any further legal disputes with the ADP board,” Morgan said.
Morgan added the commissioners believe it would be in the best interest of Geauga County and its residents to avoid the time and expense of any further litigation and would like all elected officials to work together to advance the interests of the county.
“In this regard, all three members of the BOCC and myself all intend to attend the next ADP board meeting and to make a full and complete presentation of the BOCC’s proposals to the members of the ADP board,” Morgan said. “In so doing, we are hopeful that the members of the ADP board will grant its approval of both proposals at the end of the BOCC presentation, which, if granted, would eliminate any further legal disputes between the ADP board and the BOCC.”
Commissioner Jim Dvorak said in a follow-up interview it was best for commissioners to drop the lawsuit with ADP and Walder.
“The mediation time period is over with and we collaborated with our attorney,” Dvorak said, adding a lot was accomplished during mediation.
“We are requesting a meeting so hopefully we can settle this and move forward,” he said.
