MCDONALD State panel to hear mayor's complaint about village solicitor



Commission members will decide if the complaint deserves a full hearing.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
NILES -- A complaint by the mayor of McDonald against the village's legal representative will be heard Thursday at a special meeting of the Ohio Elections Commission.
Debbie Cole, an administrative assistant for the commission, said a partial staff will meet at 9 a.m. in Columbus for a probable cause hearing on the issue.
"They will review the complaint and determine whether it merits a full hearing," she said.
The complaint, filed by Mayor James Border against Solicitor William Roux, centers on fliers placed in mailboxes of McDonald residents days before the May primary election.
What fliers said
The fliers featured a signed letter from May 2002 to Border from council saying he was responsible for the village's personnel problems. The other side read: "McDonald cannot afford another four years. Vote for a new mayor on May 6th."
None of the fliers indicates who created or distributed them, which is against campaign law.
In a sworn affidavit to the commission, Border said he and other residents witnessed Roux distributing the fliers. Roux has denied the allegations and called them the latest in a long line of false accusations against him by the mayor.
Clashes
The two have publicly clashed for more than a year on several issues, including Border's request for an opinion from the FBI on whether Roux's legal work in the past for James Sabatine constituted a conflict of interest.
Sabatine, whose company performed paving work in the village years ago, admitted during federal racketeering trials that his workers performed substandard work and used shoddy materials.
Most recently, Border had requested council not renew the solicitor's contract with the village. Council approved the contract last month, extending Roux's employment for two more years.
Cole said if Border or Roux attend the hearing, the commission would hear their statements, but would primarily focus on the written complaint.
"It's not an evidentiary hearing," she said.
If the commission decides to conduct additional hearings, she said, testimony would be taken at that time.
The commission is a seven-person board designed to oversee political party spending, campaign finance and corporate political contributions, and investigates cases of unlawful campaign practices.
slshaulis@vindy.com