Federal judge: No sanctions against Michelle Hung in Tom Williams severance case

A federal judge recently rejected a request by former county administrator Tom Williams to sanction Commissioner Michelle Hung for allegedly lying under oath as part of his federal wrongful termination lawsuit. U.S. District Judge Christopher Boyko denied Williams' request related to an April 2022 legal deposition. Williams alleged that Hung "used attorney-client and executive privilege as a shield while conspiring and providing that privileged information" to her boyfriend, former Lorain County 911 director Harry Williamson. Williamson then allegedly used that information in what Williams claimed was a blackmail lawsuit. That case still is pending in federal court. In September, Williams asked Boyko to permit him "to document cost and time expenditures associated with the development of (his) case, in the face of fraudulent testimony of the defendant Hung" and issue financial sanctions against her "to make up for the diminution of value of the settlement because of the misconduct of Hung," according to federal court records. Instead, Boyko ruled that Williams had fully settled his wrongful termination lawsuit with the county for $450,000 in 2022 and "finally and completely released" Hung, former commissioner Matt Lundy and Lorain County from any remaining claims. The settlement agreement "is extremely broad and encompasses all claims, rights and causes of action plaintiff Williams may have had or may have against" the defendants, Boyko wrote in a ruling filed Oct. 24. "No party to the release and settlement agreement has questioned its validity or finality," Boyko wrote. "The above-captioned matter is closed and there is no justification for issuing the sanctions (Williams) requests." Williams also is suing Hung in Cuyahoga County Common Pleas Court, alleging that she, Williamson and Williamson's attorney, Brian Bardwell, conspired to extort him, Lorain County and the Board of Commissioners using privileged information that Hung allegedly gave to Williamson. That lawsuit also claims Hung perjured herself, and Boyko ruled that Williams has a chance to argue the same claims through that lawsuit. The federal court "will not interfere with the state court tribunal and (Williams) is not entitled to pursue duplicate damages for the same conduct," Boyko ruled. The Cuyahoga County case is still ongoing, according to court records. Judge Timothy McGinty previously ordered Bardwell to pay nearly $80,000 in attorney fees as a sanction to Williams, the county, an outside law firm and the mother of Williams' former girlfriend. Bardwell overstepped when he requested cellphone records of people both named in the lawsuit and not named in the lawsuit, attorneys for those people successfully argued in court, requiring them to pay attorneys to fight the subpoenas. Background Hung and Commissioner David Moore hired Williams, a fellow Republican, as county administrator in January 2021. He was to be paid approximately $150,000 in annual salary. Lundy voted against hiring Williams and against a severance package set up for Williams by his fellow Republicans. Hung and Lundy voted 2-1, over Moore's objection, to fire Williams in August 2021. Williams was due $225,000 or about 18 months worth of his of salary as part of the severance package. The commissioners refused to pay Williams his severance. He sued Hung, Lundy and the county in federal court in October 2021. The lawsuit was settled by the board in May 2022. Moore estimated it cost taxpayers $150,000 in legal fees to fight it. Lundy later said he voted to fire Williams because Williams had admitted to secretly recording conversations with county employees, was insubordinate, "not forthcoming" and treated Lundy, a Democrat, differently than his two Republican counterparts by withholding information from him.Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.