Jon Galante

A former jury commissioner is suing Butler County over the elimination of his position, claiming among other issues that his First Amendment rights were violated.

Jon Galante, 29, of Butler Township is suing the county, the county commissioners, the elections bureau, Commissioner Bill McCarrier, Commissioner Dale Pinkerton and elections director Shari Brewer, claiming the elimination of the county’s jury commissioner positions amounted to political retaliation, breach of contract, fraud, infliction of emotional distress, negligence and breach of good duty.

The lawsuit, filed Tuesday in county court, claims the state law that allowed for some counties to eliminate the jury commissioner position does not allow for the position to be eliminated during an election year. The three jury commissioner positions were eliminated May 23, 2013, two days after the primary where candidates for jury commissioner were selected.

On Nov. 28, 2012, commissioners initially voted to not eliminate the positions. Pinkerton voted to eliminate, but McCarrier voted to retain the positions, saying it should be up to voters to decide if the positions should stay or not.

Commissioner Jim Eckstein voted to keep the positions.

Former county solicitor Julie Graham, the lawsuit claims, said the county could not reconsider voting out the positions for four years after Dec. 31, 2012.

Believing his position was safe, Galante, a Republican, spent time and money to compete in the May, 21, 2013, primary election. He initially was appointed to his position in October 2012.

The lawsuit claims he spent hundreds of hours campaigning and put more than $10,000 into it. He is claiming he was unable to work as a substitute teacher while campaigning, something he was able to do when not campaigning.

The county had two jury commissioners, one Republican and one Democrat.

In the lawsuit, Galante wrote that McCarrier and Pinkerton did not sign his nominating petitions. He noted Republicans McCarrier and Pinkerton have a poor relationship with Democrat Eckstein.

Following Galante’s primary election win against Republican Pat Stirling, he met with McCarrier to urge against eliminating jury commissioners. The lawsuit claims McCarrier asked Galante if he voted for Eckstein during the 2011 election, and the lawsuit further stated McCarrier was clear he was upset when Galante answered yes.

The next day, May 23, 2013, McCarrier and Pinkerton voted to eliminate the jury commissioners. Eckstein was absent. Galante claims in the lawsuit that Eckstein’s trip was booked in advance, so the other two commissioners knew he would be absent.

Galante claims in the suit the elimination of the position was retaliation for voting for Eckstein, which he said is a violation of his First Amendment rights.

The suit also said Pinkerton said he would advocate for getting rid of jury commissioner health benefits if the positions ended up returning, which Galante alleges is further retaliatory action.

Galante claims he sent a letter to county solicitor Mike English that he would sue the county if the jury commissioner positions were not placed on the fall general election ballot. Later, the suit said Democratic jury commissioner Clinton Bonetti spoke to Brewer, who said the positions would not be on the fall ballot.

Galante is suing for $15,000 plus interest for campaign expenses, time, effort and lost income. He is requesting a jury trial. Judge Marilyn Horan has been assigned to the case.

English said he had not read the suit and could not comment.

Galante, who does not have an attorney listed, did not return a call for comment.

In 2014, Galante reached an accelerated rehabilitative disposition with the state attorney general’s office in another legal case.

He was accused of bypassing the random juror selection process to purposely send juror candidate questionnaires to three county officials — including Pinkerton and McCarrier — and a county resident.

According to an affidavit, Galante admitted taking the action to prove the jury system could be tainted.