By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com
ASHTABULA TOWNSHIP — Trustees Stephen McClure and Joseph Pete Sr. say they plan to “aggressively fight the charges levied against them” in a civil lawsuit filed by Robert “Bobby” Kaydo and his parents, Robert G. and Carol Kaydo, all of Ashtabula Township.
The 27-year-old victim and his parents allege that Trustee Samuel Bucci harassed Bobby sexually and trustees McClure and Pete knew about the harassment in the workplace but took no responsive actions.
“There are two sides to every story, and we look forward to telling our side of the story,” McClure and Pete said Tuesday in a prepared press release. “There may be more public statements forthcoming.”
Bucci, Pete and McClure, individually and as trustees, and Bucci’s wife, Louise Bucci, and the Louise Bucci Trust, are all named in the lawsuit, filed Nov. 14 in Ashtabula County Common Pleas Court.
The Kaydo family’s attorney, Carl F. Muller, of Warren and Young PLL in Ashtabula, has asked for a jury trial. Judge Alfred Mackey has been assigned to the case, which names 15 causes of action, including sexual harassment, disability discrimination, negligence and intentional infliction of emotional distress.
“Bobby is an individual who has certain mental, cognitive and psychological disabilities, many of which he has had since suffering a stroke shortly after birth,” the lawsuit states.
According to the lawsuit, the trustees have known since 2006 that litigation was a possibility, when Robert G. Kaydo told the trustees Bobby had been hospitalized. Bobby’s father also complained to the trustees about Trustee Bucci’s speech and conduct, as well as that of certain township employees who allegedly taunted and verbally abused Bobby, according to the lawsuit.
The lawsuit also states that despite Robert G. Kaydo’s complaints, one or more defendants took and destroyed Bobby’s medical records with the design to disrupt the Kaydo family’s case.
Bobby Kaydo worked 61/2 years for the township and, according to the lawsuit, suffered “severe debilitating mental, psychological and emotional trauma that continues to this day” arising from Trustee Bucci’s sexual advances and the “hostility (directed) towards him as a disabled person” from other township employees.
About 21/2 years ago, Bobby Kaydo moved into his own house, and Trustee Bucci appeared uninvited at the home, according to the lawsuit. These home visits included unwanted behaviors, including kissing, hugging, touching and talking about sex and parts of the male anatomy, the lawsuit states.
According to the lawsuit, Trustee Bucci warned Bobby not to tell anyone. Bobby believed he could not refuse the advances because Bucci had the power to terminate his employment, the lawsuit states.
During 2006, Pete and McClure found out about the victim and Bucci’s sexual relationship, the lawsuit states. According to the lawsuit, Bucci touched and kissed Bobby at home and at work in front of other township employees, who then would call Bobby derogatory names and engage in other forms of hostile workplace conduct.
The other employees referred to Bobby and Trustee Bucci as “being each other’s girlfriends,” according to the lawsuit.
Muller said the Kaydos are very disappointed they had to file a lawsuit but the trustees have refused to take responsibility for their conduct. In the lawsuit, the family is asking the township for compensatory damages, in excess of $25,000 for each of the 15 causes of action, and $25,000 in punitive damages for each of the 15 causes of action, plus it asks for attorney fees and court costs. Damages are requested from the three trustees as employers, from Louise Bucci and the Louise Bucci Trust, and from the trustees individually.
Muller said the victim’s family stands by the allegations contained in the complaint.
“Expect further evidence to arise during the discovery process, which will support (the family’s) claims, and ultimately, they expect to be vindicated after the trial,” he said.
When contacted at home Friday, Bucci said he’s 81 years old and, by now, people in the township know of his character.
The lawsuit states, in the fall of 2006, Bobby began behaving abnormally and expressing suicidal thoughts. In January 2007, the township terminated him, the lawsuit states. The alleged victim’s suicidal behavior recurred in 2007, and he was hospitalized and has experienced a significant amount of trauma, damages and injuries. He continues to be under psychiatric care as a result of the defendants’ conduct, according to the complaint.
In addition, the lawsuit names a further cause of action: “wrongful and fraudulent conveyance,” which arises from actions taken by Samuel and Louise Bucci. Prior to April 23, 2007, they held title to their property in joint survivorship. The complaint says on that date, the couple filed a quitclaim deed and retitled the property to “Louise Bucci, trustee of the Louise Bucci Trust.” Samuel Bucci claims the retitling wasn’t to counter possible litigation or limit liability but rather because, earlier in 2007, he was very ill and had been hospitalized.
“We went ahead and made my funeral arrangements,” he said. “We put everything in my wife’s name.”
The Star Beacon has followed this case for the past several months as the Ashtabula County Sheriff’s Department investigated the allegations against Trustee Bucci. The sheriff’s findings have been turned over to the Ashtabula County Prosecutor’s Office, but no charges had been filed as of Tuesday, according to Ashtabula County Common Pleas Court records. As far as the prosecutor’s office, the matter is still considered to be an open case under consideration, sources said.
