Appellate court throws out complaint involving Youngstown council members

YOUNGSTOWN — The 7th District Court of Appeals dismissed legal complaints filed by a Youngstown man who said two city council members should be ordered to vacate their seats or quit their Mahoning County jobs.

The court ruled today against Terrance Esarco of East Midlothian Boulevard.

In March, he filed complaints for a writ of mandamus against Councilman Jamael Tito Brown, D-3rd, and Councilwoman Janet Tarpley, D-6th. Esarco cited a state law he says bars city council members from holding other public office or employment.

Brown is director of operations at the county treasurer’s office. Tarpley is parent project coordinator at the county’s juvenile justice center.

In today’s decision, the court wrote Esarco “failed to file the appropriate action to obtain the relief he seeks” and even if he did properly file, “it appears beyond doubt that there are no set of facts that could warrant the requested extraordinary relief” he sought.

The court agreed with the city that Youngstown, as a home-rule city, has local requirements for council members that don’t prohibit them from holding additional public employment.

For the complete story, see Saturday’s Vindicator and Vindy.com.