News
Trumbull Co. Commissioner wants temporary restraining order amended or removed
Attorney David Betras says the order does not allow Frenckho to do her job as an elected official.
Tuesday, January 11th 2022, 8:50 PM EST
Updated:

Commissioner Niki Frenchko was not at the Trumbull Commission meeting and is not expected to attend meetings unless a Temporary Restraining Order against her is modified or terminated.
Her attorneys say the order prohibits Frenchko from being within 25 feet of the Clerk of Council Paula Vivoda-Klotz or in a building where she knows the clerk will be so Frenchko can't work stifling the will of 50-thousand voters.
Attorney David Betras said, "In my opinion, the judge by not allowing Niki Frenchko to go to work has said to voters. I am not permitting your voice to be heard on this commission. And I don't know if the judge knew she was a Trumbull County Commissioner."
Frenchko has asked that the meetings be held at a remote location, and with a different clerk.
We reached out to Commissioner Frank Fuda to see if accommodation could be made. Fuda explained he does not understand why Commissioner Frenchko can't just sit ten more feet away from the clerk of council and attend the meeting similar to when they were taking pandemic precautions. Fuda told 21 News he and Commissioner Mauro Cantalamessa often sat in the audience area instead of at their normal seats at the head of the room so they could all follow social distance guidelines.
Attorney Justin Markota adds hearings on Temporary Restraining Orders by law are supposed to be held within ten days but were scheduled for January 10th so they are asking the Judge to modify or terminate the TRO.
Markota said, "For some reason, the hearing was set outside that window, so part of our request was to say with that lag in time the order has to go away until the hearing is heard in full. In this case, we have the judicial system restraining the legislative branch of government."
Frenchko's attorneys say the commissioner is just trying to get employees to do their jobs properly and when all sides present evidence they believe the Temporary Restraining Order will be dismissed.
A hearing has been scheduled for January 19th for all sides to present their case or defense. During the initial hearing for a TRO only the person or persons seeking the temporary restraining order give testimony or present evidence.