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Newton Falls voters may get to weigh in on tax credit
By Ed Runyan
NEWTON FALLS
The village clerk will file a citizens referendum today with the Trumbull County Board of Elections, making it possible that Newton Falls voters may get to decide in the Nov. 4 election whether to reverse a decision by village council.
But the decision Friday by Judge Ronald Rice of Trumbull County Common Pleas Court will be appealed to the Ohio 11th District Court of Appeals, said A. Joseph Fritz, Newton Falls law director.
Judge Rice ruled after a one-hour hearing Friday that Kathleen King, village clerk, must transmit a referendum petition headed by Newton Falls resident Werner Lange to the board of elections. The board of elections will decide later this month whether to certify the petition to appear on the ballot in the Nov. 4 general election.
The referendum is on the June 16 decision by village council to remove a tax credit that will cost certain Newton Falls residents money through the village income tax.
The credit allowed people living in Newton Falls to avoid paying the village’s 1 percent income tax if they already pay 1 percent or more in the place where they work.
Mayor Lyle Waddell said he hoped the additional revenue that would be raised would offset a $140,000 shortfall in the police department’s budget and provide additional revenue for other village operations.
But Lange, a college sociology and German professor, said removing the credit means some residents of Newton Falls would be taxed twice on the same income, which he believes violates the Ohio Constitution and possibly the U.S. Constitution.
Lange and others circulated petitions seeking the so-called “forgiveness tax” decision of the village council to be placed on the November ballot so residents can decide whether the decision was the right one.
Lange then filed the lawsuit in common pleas court that resulted in the ruling by Judge Rice.
Village officials argued that the “forgiveness-tax” decision is not subject to a referendum because it is considered “administrative” under Ohio law.
Judge Rice disagreed.
“We are thrilled with the judge’s decision because the citizens’ right of referendum was validated instead of violated,” Lange said.