NEWTON FALLS Judge delays move to kill manager's contract

By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- An ordinance rescinding the Newton Falls city manager's new contract will not go into effect for at least a few more weeks.
Judge Andrew Logan of Trumbull County Common Pleas Court granted Robert C. Eberhart's request Wednesday for a temporary restraining order.
A hearing is set for Nov. 6.
Mayor Patrick Layshock could not be reached.
Contract canceled
Eberhart's contract was set to expire Dec. 31, but on June 17, council passed an ordinance granting him a new four-year contract.
That pact was to begin Jan. 1, but council passed an another ordinance Sept. 23 canceling the contract.
Without the restraining order, the Sept. 23 ordinance canceling the contract would have taken effect Wednesday.
Under city council's rules, an ordinance takes effect in 30 days after passage.
Lawsuit filed
Atty. Nancy Grim of Kent filed a lawsuit Wednesday on Eberhart's behalf.
The city and Layshock are named as defendants.
City Law Director Richard Schwartz declined to comment because the suit is pending.
The lawsuit, which seeks damages in excess of $25,000, also has been assigned to Judge Logan. A hearing date has not been set.
In September 2001, the mayor urged council to postpone negotiation of Eberhart's new contract until after the completion of his April 2002 annual evaluation, the lawsuit says.
It further notes that in April 2002, three of the four council members submitted completed evaluation forms.
The mayor and one council member did not.
Request refused
On Aug. 28, Eberhart asked for his evaluations, but the mayor refused, the suit says. On Oct. 7, Layshock provided Eberhart with the evaluations.
The suit further notes that there is an attempt to eliminate the city manager's position and adopt a mayor-council form of government, with the mayor's salary set at $48,000 a year.
sinkovich@vindy.com