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Ex-jury commissioner sues county over lost job

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, and negligence.

The lawsuit, filed Tuesday in county court, claims that the state law that allowed for some counties to eliminate the jury commissioner position does not allow for the position to be eliminated in an election year.

The 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 that the voters should decide.

Commissioner Jim Eckstein voted to keep the positions.

Believing that his position was safe, Galante, a Republican, spent time and money in the May 21, 2013, primary.

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

The next day, May 23, 2013, McCarrier and Pinkerton voted to eliminate the jury commissioners.

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

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