Former Deputy Schenectady Counsel’s Lawsuit Thrown Out

Justice Paul Davenport of the State Supreme Court ​delivered ​the ruling on Tuesday, stating that Peter Lomtevas, the former⁣ deputy corporation counsel, was not unlawfully forced ⁤to resign⁢ from his position‍ in May, thereby dismissing ‍Lomtevas’⁤ allegations of coerced​ resignation.

Lomtevas had filed‍ a ‍lawsuit on ⁣Aug. 20, alleging that he was compelled ​to resign on ‍May 10, just three months into ​his tenure. He claimed that this was a result ⁣of him bringing to light legal violations by the city law​ department ⁢to Schenectady Corporation Counsel Maxine ​Barasch and Assistant Corporation Counsel Eugene ⁤Devine during his initial two months in‍ office.

According to​ Lomtevas, after uncovering illegal‌ and unethical practices within the counsel’s office, Barasch informed him on⁣ May 10‍ that his work ⁢was unsatisfactory and ⁣asked him to resign.

He tendered⁣ his resignation on May 10 and was offered two weeks of severance⁣ pay and medical coverage until ‌June 1.

Lomtevas had assumed‌ his role as⁢ deputy corporation counsel on Feb. 20⁢ with a salary ⁢of $108,600.

In ‌his ‌lawsuit, ‌Lomtevas stated that he⁤ was informed in May ‌that⁣ he was a probationary⁣ employee, a‌ fact that he claimed he was not aware of ⁤before accepting⁣ the position and relocating​ to Schenectady​ from Texas.

In ⁤his ruling,​ Justice Davenport pointed out ⁤that the ‌allegations in Lomtevas’ complaint, “do⁣ not support the inference ⁢that ⁣his resignation was the result of coercion or duress.”

The lawsuit was filed against the city, Mayor⁤ Gary McCarthy, Barasch,‌ city Finance Commissioner‌ Anthony Ferrari and city Personnel and‍ Benefits Administrator Maryann Alli. ‍Lomtevas was ⁣seeking financial compensation for lost wages and reinstatement to his former position.

Davenport ruled that Lomtevas‌ was not entitled to punitive damages, ⁢as the‍ law does⁣ not permit punitive​ damages in a claim against a government agency.

Mayor McCarthy had appointed Barasch as corporation counsel ‌in January after he dismissed former corporation counsel Andrew⁤ Koldin, who later sued the ⁢city⁤ for unpaid ‍vacation and sick pay.

On Tuesday, McCarthy expressed his belief that ​Lomtevas’ case was without merit.

“Sometimes you try and hire‍ the⁣ best‌ people and⁤ sometimes you make a mistake,” McCarthy ​said. “It was a poor hire.”

Lomtevas announced on Thursday ⁣that⁢ he intends to appeal the judge’s ruling.

Davenport ruled that Lomtevas’ complaint lacked evidence‍ that ‌he had reported potential legal⁣ violations to his​ superiors ⁣or any governmental ⁤agencies. Lomtevas argues that ​Barasch did ⁤not permit⁤ him to report any⁣ potential violations to ⁢agencies outside of the corporation counsel’s ⁢office.

“My former supervisor silenced ‌me,” Lomtevas said⁣ on Thursday. “She told me I’m not allowed to hold discussions ⁤with any agencies ⁣outside of the law ⁢department unless I cleared it through her.”

Barasch responded on Thursday, stating‌ that there were no ​legal violations for Lomtevas to⁢ report.

“If‍ he appeals, the city is prepared to continue to oppose him,” Barasch said.