Article published November 04, 2009
University of Toledo professors drop lawsuit
2 accused police, fire unions of defaming work, reputation
By IGNAZIO MESSINA
BLADE STAFF WRITER
Two University of Toledo economics professors have dropped a defamation lawsuit filed this summer against Toledo's police and fire unions, attorneys for both sides said yesterday.
Oleg Smirnov and David Black filed a complaint in May against the Toledo Firefighters Union Local 92 and its president, Jim Martin, as well as the Toledo Police Patrolman's Association and its president, Dan Wagner.
The two professors contended that statements made by Mr. Martin and Mr. Wagner, and published by the two unions in regard to the professors' work on the city's income-tax projections, were false and had caused harm to their "integrity, character, teaching ability, and professional career."
Mr. Smirnov and Mr. Black had sought unspecified monetary damages.
"This decision followed discussions between the parties in which the unions confirmed that there was never any intent for certain statements, as carried through various media outlets, to have a negative impact on the professors," said a statement from the attorneys representing the unions and the professors.
Attached to the complaint was a request for a temporary restraining order and injunctive relief, asking that the defendants be prohibited from defaming the two men through "interviews with the media, billboards, and newsletters published on the Internet."Toledo City Council contracted with the university in the second quarter of 2008 to forecast the city's income-tax revenue.
Mr. Smirnov and Mr. Black, who were chosen by the university to provide the forecast, created a model that they used to predict future income-tax revenues and subsequently presented the city with reports, the lawsuit said.
Seventy-five police officers were laid off May 1 to help plug the city's deficit.
All have since been recalled to their jobs.
The layoffs were ordered after the administration lowered its 2009 income-tax estimate from $169.7 million to $145 million in February, based on the professors' analysis of the dramatic downturn in the local economy.
The city's monthly income-tax collection reports have indicated that the $145 million prediction is accurate.
"The parties recognize that the professors were unfortunately caught in the crossfire between the unions and the city of Toledo," the statement said.
"The city asked these professors to perform a limited project and while the unions had every right to disagree with the conclusions reached, the unions did not intend that such disagreement would cause anyone to question the professors' integrity."
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