The lawsuit against the village

After Saint Paris Police Chief Erica Barga was terminated by the village council in November 2020, she sued. And was rejected, resoundingly, in a 52-page decision by visiting Judge Dennis J. Langer.

So Barga took her case to the appeals court, where six of her seven arguments (called "assignments of error" in legalese) were rejected by the Second District Court of Appeals. However the appeals court said that Judge Langer used an "improper standard of review". The case was sent back to county court but both parties have requested a review by the Ohio Supreme Court, which has agreed to hear the case. The village's attorneys expect a favorable outcome.

Our hearing before he Court is scheduled for March 12.  And so we wait.

Was the firing justified?

Obviously the village council thought so. (The vote on one of the charges was 5-1. Only one councilman voted No on every charge.) And Judge Langer agreed. Barga certainly received a fair hearing: it lasted 20 hours over several nights!

I wasn't on council then but here's my take: When you wear a badge and carry a gun, your boss is the elected civilian authority, in this case the mayor. The police must be effectively supervised. So a charge of insubordination is taken more seriously than in the case of a clerk or maintenance worker.

Why don't we settle?

Because we're insured only if we lose. Our insurers believe this is a winnable case and will not fund a settlement. Given what other municipalities have shelled out in similar cases, an uninsured settlement would bankrupt the village. (Say goodbye to street improvements for the next several years.) All we can do is wait (and yes, pay lawyers) until the appeals have been exhausted.

How much have we spent on lawyers?

About $150,000 on this case over the past three years. (About six percent of the village general fund.) Most of that was during the 2020 hearing. And we still have next year's Ohio Supreme Court appeal. Yes it is frustrating but much cheaper than a ruinous seven-figure award or settlement.

In case you're interested

Here are the cases:

Erica Barga, et al vs. Village Council of the Village of St. Paris

Champaign County: Case No: 2020 CV 00142
Judge Langer's decision

2nd Appellate District, Champaign County – Case No: 2022-CA-00014
Appellate Court decision