NEWTON FALLS Council approves disputed contract

Council is to interview candidates to fill a vacancy.
By KERRI ANN RICKARD
BY VINDICATOR CORRESPONDENT
NEWTON FALLS -- Amid controversy, council, by a 3-1 vote Monday night, approved a contract extension to Dec. 31, 2005, for village manager Robert C. Eberhart.
Councilman Steve Stevens and Harry Benetis, who resigned from council in April for personal reasons, had been appointed by council to review and write a new contract for Eberhart, whose pact expires Dec. 31.
Stevens said the contract approved Monday is not the same one he and Benetis presented to council for consideration.
Wrong copy
Stevens said he gave copies to all council members and somehow Eberhart got hold of one and revised it, handing that copy to council without Stevens' approval.
"I want to know who made changes to what was already agreed upon? Who typed this up? Stevens asked.
"Steve, the copy you hold in your hand is the one you, in fact, typed up yourself," Councilman Ralph Gillespie responded.
Stevens protested. "This is not, and I have every copy of the changes and drafts that were made by Harry Benetis and I. I repeat, this is not what was agreed upon, and I want the public to know that council has no idea, nor have they even read what they are declaring as an emergency and trying to pass."
Stevens made two attempts to change the language in Eberhart's contract and the emergency ordinance reappointing him, neither of them successful.
Disputed item
One item in dispute was a section of the contract that would increase the amount of severance pay he would get if he were fired.
The contract states the only way council may terminate his contract is in the event he is convicted of a criminal offense during the term of his contract. It also requires a 60-day notice in advance of any suspension or termination.
Eberhart would have 30 days to respond and would be able to resign at any time during the 60 days.
"What some council members want to approve here folks, is the fact that if Mr. Eberhart were to ever be terminated, not saying he will, he'd still receive payment eight months after he is out of a job," Mayor Patrick D. Layshock told a packed council chambers.
"We should be writing a contract based on what the seat requires, not who's in it." Layshock said.
Stevens also asked his colleagues why it was an emergency to give Eberhart a new contract six months before his current one is due to expire.
The others did not respond.
"I did, in fact, have a part in rewriting my contract and have nothing to hide in that matter. It's common in the negotiation process. I don't feel I have done anything wrong," Eberhart said.
"The only reason Mr. Eberhart's contract was being pushed through council as an unnecessary emergency was in fear of the possibility of a change in the city's charter form of government. He should be afraid," said resident Susan Fetterolf, prompting wild applause from the audience.
Filling vacant seat
Meanwhile, Councilman Robert Irwin announced that council will conduct interviews at 7 p.m. Wednesday in council chambers for candidates to fill Benetis' vacant seat.
For those interested but who cannot attend, a second session was set for 8:30 a.m. Thursday.
Gary R. Cunningham announced at Monday's meeting that he has withdrawn from consideration.
"I just don't feel I need to be a part of this mess. I respect these people as individuals, but as members of council, I don't like what they're doing one bit, and I won't put my name next to it," he said.