Harbarger resigns as law director
By Kevin Kelley
Westlake
Published Jan. 12, 2005

Mayor Dennis Clough expects to appoint an acting law director to serve through the remainder of 2005, following the resignation last week of David Harbarger. His resignation is effective March 1.

"I will probably be appointing someone acting until we find out what happens after the election in November," Clough said last week.

In November, Westlake resident passed two charter amendments making the law director an elected post. The mayor and most council members had campaigned against the change. Harbarger, who lives in Lakewood and served as that city's mayor, from 1991 to 1995 said after the election that even if he lived in Westlake he would not run for law director because he is philosophically opposed to electing a law director.

Backers of the successful charter amendments focused on Harbarger's recommendation of fellow Roetzel and Andress partner George Rooney to handle a complicated lawsuit brought against the city by local businessman Charles Shimola. From 1999 through July 2004, Westlake paid $830,775 in legal fees and expenses to Roetzel and Andress in connection with the Shimola case.

Noting that council unanimously approved the hiring of Rooney, Harbarger and Clough said the recommendation of a law partner was completely ethical. They also noted Rooney granted the city a considerable discount on his fees.

In 1998, a common pleas jury found in favor of Shimola and awarded him $2.5 million. But the judge threw out the award amount, calling it excessive. Shimola appealed that action, and in September 2000, the 8th District Court of Appeals sent the case back to common pleas court to determine damages. Both sides later agreed to go before a binding arbitration panel.

In September, the arbitration panel ruled that the city of Westlake had to pay $560,000 in damages to Shimola. But that amount was substantially less than what the city offered him to settle his lawsuit, Harbarger said. Shimola's attorney had sought $48 million in damages before the arbitration panel.

Several Westlake attorneys have expressed interest in running for law director. Last week, John J. Spellacy, currently the assistant prosecutor for the city of Parma, announced he would run. In a statement announcing his candidacy, Spellacy said if elected he would not refer legal business to law firms with which he has affiliations.

Current Westlake prosecutor John Wheeler is also running for law director.