By STEPHANIE UJHELYI
The Press-News
On Aug. 27, Gary D. Zeigler appealed a court decision which resulted in his removal as the Stark County treasurer earlier last week.
According to legal papers filed with the Fifth District Court of Appeals, Zeigler contested a decision by Visiting Judge H.F. Inderlied Jr., who determined the state law used by the Stark County commissioners Aug. 23 as constitutional.
"In a special proceeding, the trial court erred in determining that Ohio Revised Code Section 321.38 is constitutional, thereby determining that Appellant Gary D. Zeigler was not entitled to a provisional remedy," the appeal reads.
In his order, Inderlied called Zeigler's reliance on State ex rel. Hoel v. Brown as "misplaced," saying the court "found the prior law deficient" because there was no provision for a complaint or hearing, unlike the Stark County case.
ORC Section 321.38 allows county commissioners to remove a county treasurer and appoint someone to fill the vacancy, upon filing of a lawsuit against the official.
Judge Inderlied also defined Zeigler's employment of five attorneys for representation as "unreasonable and unnecessary" in the appealed court order. Attorneys Matthew Nakon, Joseph E. Cirigliano and Amy DeLuca of Wickens, Herzer, Panza, Cook and Batista Co. in Avon filed the appeal on Zeigler's behalf.
The appeal stays further action on Inderlied's court action and allows Zeigler to move or plead on or before Sept. 27.
Zeigler was the supervisor of former Stark County Chief Deputy Treasurer Vincent Frustaci, who plead guilty to stealing $2.4 million from county coffers over a six-year period. Frustaci, who also is party to the county's lawsuit against his and Zeigler's bondholders, currently is incarcerated at Northeast Ohio Correctional Institution in Youngstown, according to the case's online case docket.
Frustaci is set to be sentenced on federal theft and conspiracy charges next month.
County Prosecutor John Ferrero could not be reached for comment on the appeal.
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