Former county administrator Tom Williams sues Hung, Lundy in federal court

ELYRIA — Former County Administrator Tom Williams has sued two of his former bosses, Lorain County Commissioners Michelle Hung and Matt Lundy, in federal court, alleging they retaliated against him by firing him from his county job without cause Aug. 18. In the lawsuit, filed Thursday in U.S. District Court for the Northern District of Ohio, Williams sued Hung and Lundy both in their official capacity as county commissioners and as individuals. Hung, a Republican who is 10 months into her first elected term on the board, and Lundy, a Democrat who has been on the board since 2015, "terminated (Williams') employment without cause," and then "illegally and without justification" withdrew a formal resolution to pay Williams the severance promised him, according to his lawsuit. Williams has asked the court to order Hung and Lundy to reinstate him as county administrator, pay reasonable attorney fees and any other relief deemed appropriate by the court. From the two commissioners as individuals, Williams seeks back pay, front pay and compensatory damages in amounts to be proved at trial as well as punitive damages and prejudgment interest, according to his lawsuit. The suit is assigned to U.S. District Judge Christopher Boyko, according to federal court records. Lundy said Thursday he had received a copy and that the county was in the process of obtaining outside counsel and needed to review it with those attorneys. "After that, I hope I'll be able to comment more," he said. "On the advice of counsel, I are [sic] not able to comment on any current litigation," Hung wrote in an email in response to a voicemail seeking comment. In the lawsuit, Williams further alleges: Hung's and Lundy's "true motive" to fire him was to retaliate against him for informing Assistant Lorain County Prosecutor Dan Petticord, the board's legal counsel, that Hung had "confided in (Williams) by texting and communicating with him regarding a sexual affair that she was having with Harry Williamson, the 911 director for Lorain County" and that "not only did defendant Hung meet Williamson at hotels but in addition sexual relations occurred in county offices, specifically on Hung's county-owned desk." He contacted Petticord on July 18, told him about Hung's affair "and his concern that defendant Hung breached her statutory and county obligations to the citizens of Lorain County by engaging in an affair with (Williamson) while the county was looking into obtaining a contract for a new county-wide radio communication as Williamson had a special relationship with one of the potential bidders." That the next day, Williams and Petticord met with other attorneys representing the county "and advised them of the relationship between Hung and Williamson and its impact on Hung's independent judgment as county commissioner as this was a matter of great public concern." Williams told Lundy "on numerous occasions" that he was creating a hostile work environment. There was a relationship between the timing of the meeting with Petticord and Williams' firing Aug. 18. That following a call for her to resign over the affair, made by her former political ally Bob Meilander and the Wellington Area Central Committee of the Lorain County Republican Party on Aug. 16, Hung told The Chronicle: "With all due respect, the GOP is out of line … They have no say in my private life or for that matter with any decisions I make as a Lorain County Commissioner. Let me be clear … I am not resigning and anyone who has actively been part of this political stunt will have to consider the consequences." Williams was fired a day after Hung's comments were published, according to his lawsuit. Williams "did not stand to obtain any personal gain from promoting the investigation of Defendant Hung but instead spoke out for the greater public concern," according to his lawsuit. He "has suffered and continues to suffer an ongoing loss of pay and benefits as well as emotional pain, suffering, inconvenience, mental anguish and/or loss of enjoyment of life for which (Hung and Lundy) are answerable in damages," the suit alleges. Hung and Lundy further had agreed to pay Williams $450,000 to settle his termination and severance package, "but reneged the next day," according to his lawsuit. Lorain County Commissioner David Moore confirmed Thursday that a settlement very nearly was reached with Williams last week, while Lundy declined to discuss the matter. Moore, a Republican who also has called on Hung to resign as a result of the affair, said he had seen a draft of the lawsuit but not the final copy that was filed Thursday. Hung and Lundy "terminated (Williams) without cause, and didn't honor the agreement" made with Williams when he was hired, Moore said. He said a negotiated settlement between Williams and the commissioners failed. Petticord "did an excellent job trying to get this thing resolved," Moore said. "He was instructed last week to settle this" and Williams and his attorney accepted the deal. But Hung and Lundy shot down the settlement, Moore said. "Now we're going to be wasting county taxpayer money defending the indefensible. It's on them (Hung and Lundy) now. It's a Hung/Lundy lawsuit. It's on them. They're going to be wasting a lot more money," Moore said. "This thing could have been done with last week. I don't know what's in their heads, I really don't. I am upset about it. This is getting way out of hand." Asked to confirm Moore's claim that the matter very nearly was settled, Lundy declined to do so. "I don't discuss legal discussions that take place in executive session," he said. "By law I cannot and will not discuss legal matters discussed in executive session." "The fact is that Commissioner Moore authored an 18-month severance package for Mr. Williams, his former campaign manager, and voted to support the 18-month severance package. I was opposed to that, and voted against it," Lundy said. Petticord said Thursday he had seen and read the lawsuit, but had no comment on it, citing a policy of not commenting on pending litigation. Background Lundy and Moore voted to fire Williamson on Aug. 3, after Hung confirmed to them that she was in an "inappropriate relationship" with him. Hung, who had voted to hire Williamson on Jan. 4, abstained from the vote to fire him, saying that she didn't want to be part of a "bloodbath" like the one on Jan. 4, when the incoming Republican-led administration of Hung, Moore and Williams fired or demoted numerous county employees to install their own. It was Hung and Lundy who voted to fire Williams, with Moore voting "hell no," Aug. 18. Williams was Moore's campaign manager during his successful 2020 election campaign. Hung did not give a reason for voting to fire Williams, while Lundy blamed "drama and dysfunction." Moore blamed Hung. Moore further blamed Williams' firing on fallout from the revelation of Hung's affair with a subordinate employee, former Lorain County 911 Director Harry Williamson. When commissioners hired Williams as county administrator Jan. 4, at an annual salary of $149,900, Moore and Hung also voted to provide Williams a severance package. Lundy voted against the severance package, which promised Williams a sum equal to 18 months of his base salary, payable within 30 days of his termination by the board. That 30-day time frame passed on Sept. 18, without Williams being paid. According to a Jan. 4 resolution approving his severance package, commissioners would have to fire Williams "for cause" for him not to receive it. The only "causes" that would result in Williams losing his severance include a felony arrest or a crime involving "moral turpitude"; "engaging in any fraudulent or dishonest conduct in his dealings with, or on behalf of, the county"; or the use of alcohol or drugs that "interferes with administrator's performance of his employment duties as determined by the county." Commissioners have yet to specify any cause for why they fired Williams, and declined to go into specifics about what was said in the Aug. 18 closed executive session that ended with Williams losing his job. Lundy told The Chronicle on Aug. 18 that he felt it was necessary to fire Williams so the county could "move in a new direction." "We need to find a way to bring stability to the organization," the Democrat said following the vote. "I wasn't confident we could achieve that with (Williams') leadership. I didn't vote to hire him. But everybody starts with a clean slate, and I just want the drama and dysfunction to stop. I want stability." Asked what he meant by "drama and dysfunction," Lundy said, "The bottom line is our focus every day needs to be on government. Doing the work of the people." "People need to check everything else at the door when they come in here. I didn't create this mess, but I will clean it up. I can't be any stronger in that assertion," he said. "And whatever is needed to get it done, we will get it done." Hung's only statement on the matter, provided to The Chronicle on Aug. 18, was the following: "The board has discussed it, and come to a 2 to 1 vote and it is best for the county to part ways at this time. We wish him well." Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter.