SCHENECTADY — A legal battle involving the city of Schenectady and its former deputy corporation counsel has reached a conclusion, with the state Supreme Court in Schenectady County dismissing the lawsuit.
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.
Agree with the decision to throw out the lawsuit.
Disagree – The decision to throw out the lawsuit feels unjust and dismissive of the former deputy counsel’s concerns.
Agree with the decision to throw out the lawsuit.
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