CANFIELD Group fights again to remove trustee
It will also work to change the law that the judge used in dismissing the complaint.
By IAN HILL
VINDICATOR STAFF WRITER
YOUNGSTOWN -- A group of local residents says a judge's dismissal of its legal complaint against Canfield Township Trustee Judy Bayus won't deter its efforts to have her removed from office.
The group, which calls itself Terminate-Her, intends to collect signatures on a second complaint seeking to have Bayus removed. The group contends she's neglecting her duties. The first complaint was dismissed Wednesday in Mahoning County Common Pleas Court by Judge Maureen Cronin.
Cronin said she dismissed the complaint because it did not comply with Ohio Revised Code requirements for removing an elected official from office. Under the revised code, the complaint must specifically describe the charges against Bayus, and it must be signed by township voters.
The Terminate-Her group collected 880 signatures on petitions but not on its complaint. The complaint was signed only by the group's attorney, Brian Macala.
"Today is one of those days I don't agree with the law, but I took an oath to uphold the law," Cronin said.
Macala said he respected what he called the "technical decision" by Cronin. He also stressed that the next Terminate-Her complaint will adhere to state law, and said he thinks the group will be able to collect more signatures on the next complaint than it had on the petitions.
The signatures of at least 454 township voters must be on the complaint. A trial before a judge or jury would be held after the complaint is filed to determine if Bayus should be removed from office.
Atty. Frank Bodor, who represents Bayus, said he believed Cronin's decision was "very just," and he described Bayus as a hard-working public official.
"I think she's a very conscientious trustee who tries to do her work as she sees it, as a trustee of the people guarding the funds of the people," Bodor said.
Complaint charges
The Terminate-Her complaint charges Bayus with failing to consider the needs of township residents as well as changing township records, not signing employee checks, ignoring court orders regarding road maintenance, and "misfeasance, nonfeasance and malfeasance."
Bodor had argued that the charges in the Terminate-Her complaint were not specific enough to fulfill the revised code requirements.
In a written motion, Bodor also quotes a Terminate-Her member as saying that the charges against Bayus were based on information provided by Township Trustee Bill Reese, Clerk Carmen Heasley and newspaper articles.
Reese and Heasley, however, said that while they attended some Terminate-Her meetings to answer questions about public information, they were not actively involved with the group's efforts.
Disappointed
Reese noted that he was disappointed with Cronin's ruling.
"It's a sad day for Canfield Township when a judge had to rule on a technicality against 880 people," he said.
Cronin also noted in her ruling that the Terminate-Her group could work through the state Legislature to change the law for removing an elected official from office.
"You might make history in that respect," she said.
Atty. Mark Finamore, who has represented the township in some court cases despite the objections of Bayus, said he would talk with state officials about changing the law. Finamore noted that any such changes would likely occur well after a judge rules on Bayus' future.
hill@vindy.com
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