MENTOR, Ohio — In a 52-page long lawsuit filed in federal court this week, the City of Mentor and its council members are being accused of statutory retaliation, sexual harassment, age discrimination, denial of due process, and more.
The Plaintiff, the current Clerk of Mentor City Council, has been an employee of the city since December 1994.
Because the Plaintiff is an alleged victim of sexual harassment, we will not include her name in this article.
According to the lawsuit, the Plaintiff became aware of problems another female employee was having with now-Councilmember-at-Large, Scott Marn in 1995.
“As early as years before and continuing for decades, a City of Mentor female employee identified City of Mentor Councilman Scott Marn, a longstanding and influential member of Mentor City Council, as lacking boundaries when it comes to females in a professional setting,” the federal lawsuit reads.
The petition further explains a female employee was allegedly subjected to Marn “pressing her” to observe photographs of his wife’s “bare bosomed breast augmentation with the silent acquiescence of Mentor City Council.”
Marn reportedly used the photos of bare bosoms as a phone screen saver as a “more convenient method of female large breast display.”
A majority of the Defendants and other appointed Mentor officials are and have been aware of the demonstratable indignation that female employees have been forced to endure.
The complaint also accuses Marn of having obsessive behavior over women’s breasts, which has "freely occurred without sanction or consequences by colleagues on Mentor City Council."
The Plaintiff’s attorney, Avery Friedman, wrote in the lawsuit that City Council members seemingly condoned the behavior by sitting in silence.
“Employees have had no remedy to stop [Scott Marn] because no meaningful process exists under the City of Mentor City Council’s rules and procedures,” Friedman noted.
Marn also allegedly solicited to a City of Mentor female employee that he had a “golden ticket,” i.e., the right to have sex with women free from marital obligations, per the federal lawsuit.
The petition further states Marn would rub his leg against a female employee at the council table, and when a female was wearing a skirt, he would “rub his hand against [her] leg during a meeting.”
“Using his authority as an elected member of Mentor City Council by authorizing a raise from 3% for a woman, Defendant Marn actually wrote on the printed Mentor City Council agenda she saw that the raise he proposed that the female employee should use that additional money for breast enhancement,” the lawsuit adds.
In that specific instance, Marn allegedly suggested a breast enlargement of a ‘C’ or ‘D’ cup.
After 13 years of service, the female Clerk of Council at the time resigned, according to the lawsuit.
When that position became vacant, the Plaintiff applied for the job.
In October 2016, she was hired for the Clerk of Council role.
Marn is accused of later describing another Mentor council member’s groin area, telling the Plaintiff’s Assistant Clerk of Council to call that individual “Forest” because “it’s like a forest down there.”
According to court records, the Plaintiff told Marn to apologize, but he allegedly did not. Both the Plaintiff and her Assistant Clerk of Council “became fearful of retaliation."
As [the Plaintiff] would soon learn... it would be the start of a pattern of retaliation and intimidation against [the Plaintiff] by Marn and others of City Council.
The Plaintiff later filed a report for sexual harassment against Marn, according to the lawsuit.
By September 2021, Marn reportedly demanded a “Disciplinary Hearing” against the Plaintiff in an attempt to “reprimand” the Plaintiff because he allegedly described the sexual harassment report as slander.
The lawsuit explains that, ultimately, the hearing was canceled on the day it was scheduled to proceed when other members of the council rejected the hearing.
In September 2021, Mentor’s executive branch, through its Human Resources Department, began an investigation, according to court records. The outcome of that investigation isn’t detailed in the lawsuit, though.
On Sept. 8, 2021, the Plaintiff’s Assistant Clerk of Council resigned, forcing her to not only perform the duties of her job but now a vacant one.
On Oct. 19 of that same year, the Council announced Ordinance No. 21-0-066 to provide the Plaintiff with supplemental pay for working both jobs.
That October meeting is listed on the City of Mentor’s website under archives. In the recording, Marn questions how and why a pay increase came about without his knowledge prior to the meeting and without discussion.
Four members of the Council sponsored it and put it up for a vote that night.
“I would offer... the same respect and professionalism to everybody for myself to be contacted,” Marn said. He added no one was able to answer his questions regarding the ordinance. He was the only council member to vote ‘no.’
On Dec. 7, 2021, the topic of extending the Plaintiff’s supplemental pay was brought up during a City Council meeting.
That Council meeting is also listed in the City’s archives.
“Several months ago, I suggested to Council we look into going in a new direction with this particular position. Whether it could be with our full time Clerk having it be a flex position which basically it really has since October 12,” Marn stated during the meeting.
Marn questioned the structure of the position.
Again, Marn voted ‘no’ to an extension of supplemental pay for the Plaintiff.
The lawsuit describes those two instances as a way to “generate substantial fear and anxiety," claiming that it did just that.
During the transition from the City Council meeting to the executive session on Jan. 18, 2022, Marn allegedly acted with intent to intimidate the Plaintiff by puffing out his chest and blocking her from entering.
The lawsuit claims she was later barred from executive sessions, which has been part of her job responsibilities since signing on.
A new Assistant Clerk of Council was hired in March 2022, according to court filings.
The new hire reportedly complained of significant respiratory problems that would subside once she left the building.
According to the lawsuit, Marn told the new hire she was “allergic" to the Plaintiff and that the Plaintiff would be removed from the office for a week or two to see if her symptoms would alleviate.
The lawsuit also states Marn has publicly accused the Plaintiff of “theft in office” and “stealing from taxpayers” as a form of retaliation and intimidation.
Marn has reportedly made remarks about the Plaintiff’s age and that she should retire. He’s also accused of calling the Plaintiff “collateral damage” when discussing how he wants to run for office.
Plaintiff has since filed a report with the Equal Employment Opportunity Commission, claiming sex discrimination, age discrimination, and statutory retaliation.
On Sept. 7, 2024, “consistent with decades of treating female government employees in a misogynistic manner,” Marn reportedly sponsored a “Pimps and Hos Poker Run” on government property at the Mentor Lagoons Marina. Attendees were allegedly “encouraged” to dress to the theme.
A quick search on social media confirms the event and its location. Part of a caption showing off the event says, “Clarifying just in case more incriminating photos are out there,” as women are dressed in large fur coats and cheetah-print pants.
Those listed as Defendants in this case include:
- Scott Marn, Councilperson-at-Large
- Matthew Donovan, Ward 2 Councilperson
- John Krueger, Vice-President of Council and Ward 4 Councilperson
- Mark Freeman, Ward 3 Councilperson
- Ray Kirchner, Councilperson-at-Large
- Janet Dowling, Councilperson-at-Large
- Sean Blake, President of Council and Ward 1 Councilperson
- City of Mentor
News 5 reached out to the City of Mentor for comment, but it declined, saying it does not comment on pending litigation.
I called a cell phone number associated with Marn Wednesday night for a statement as well. Neither my call or text were answered.
The Defendants in this case now have 21 days starting the day after they were summoned to respond to the lawsuit.
This is a developing story. We’ll continue to follow through.
