Suit seeks mayor’s reinstatement

The longtime mayor says council did not have a right to accept his resignation once he had rescinded it.

STAFF REPORT

NEWTON FALLS — Pat Layshock, longtime mayor of Newton Falls who resigned the job July 6 and rescinded the resignation two days later, has filed a lawsuit against the man who he says improperly took the position from him.

Layshock filed the action Friday in the 11th District Court of Appeals, Warren, asking the court to rule that he is the rightful mayor and not Thomas Moorehead.

Layshock served three terms as mayor from 1992 through 2003, at which time Moorehead was elected mayor for four years. Layshock was re-elected mayor and began serving his fourth term in January 2008.

But issues relating to a lawsuit the city and other Trumbull County government bodies filed over use of the county’s share of wireless 911 money caused a rift between Layshock and council members.

Layshock said he decided to resign July 6 to try to defuse a contentious situation he felt was putting the city in a bad light.

Layshock said Friday he felt that by resigning July 6, voters would be given a chance in November to decide who they wanted as mayor, and Layshock would be among those on the ballot.

But by early July 8, Layshock had changed his mind at the insistence of his family and city residents and rescinded the resignation, Layshock said.

Nonetheless, council called a special meeting for the evening of July 8, at which time it “purported to accept the resignation,” Layshock’s lawsuit said.

As vice president of council, Moorehead assumed the position of acting mayor.

Layshock is on disability from his job with the railroad and is paid about $400 per month as mayor, he said.

State law says council was not able to accept Layshock’s resignation once he had rescinded it, Layshock said.

But by taking over the mayor’s job under such circumstances, Moorehead “usurped, intruded into and unlawfully purports to exercise that office,” the lawsuit says.

Moorehead did not return a phone call seeking comment.