Newton Falls mayor not yet established

A decision on the lawsuit is expected within about three to four weeks.

By Ed Runyan

WARREN — A court hearing did not establish who is mayor of Newton Falls, but it has established some ground rules for how the question will be dealt with over the next several weeks.

After a hearing in chambers at Ohio’s 11th District Court of Appeals involving former Newton Falls Mayor Pat Layshock, his attorney, and Newton Falls Law Director Richard Schwartz, Magistrate Matthew O. Lamb said he’s ordering no changes to the current governance of the city.

As a result, Thomas Moorehead, who assumed the position of acting mayor when Layshock resigned July 6, remains in the position, Schwartz said after the hearing. Newton Falls’ charter says the vice president of council — Moorehead — becomes acting mayor if the elected mayor is not available.

Schwartz is representing Newton Falls City Council in the lawsuit that Layshock filed with the court, which asks the court to order Layshock to be reinstated as mayor.

Layshock resigned July 6, then rescinded the resignation two days later, the morning before city council accepted the resignation.

Layshock contends city council didn’t have the right to accept his resignation once he rescinded it.

The hearing had a bearing on a Newton Falls City Council meeting that took place later Monday.

Lamb said Layshock would be permitted to address city council at the meeting to indicate that he expects to be mayor again.

Layshock said after the hearing he also planned to speak during the public-comment portion of the meeting regarding legislation on the agenda having to do with extensions to the contract of Schwartz and Police Chief John M. Kuivila. Layshock opposes both measures.

Layshock said his criticism of city council, Schwartz and Kuivila are among the reasons he felt compelled to resign July 6. His statements have caused a rift between him and council, he said.

“They [council members] believe that because they’ve been elected, they don’t have to respond to the community,” Layshock said.

Schwartz, meanwhile, says the position of Newton Falls mayor has only one significant duty — to preside over city council meetings.

When Layshock resigned July 6 and walked out of the meeting, city council had no choice but to name an acting mayor, Schwartz said.

“If you walk out in the middle of your job, we replace you,” Schwartz said.

If Layshock, who is represented by Atty. Michael Rossi, and Schwartz agree to certain facts by Friday, the parties will get 10 to 20 days to file written briefs, and Lamb is expected to decide the matter fairly soon after that, Schwartz said.

runyan@vindy.com