Independents must choose between jobs or candidacies

By DAVID SKOLNICK

skolnick@vindy.com

YOUNGSTOWN

Two city employees seeking to run as independents for city council have to choose between their jobs or their candidacies, Law

Director Jeff Limbian said.

One has made his decision.

Under state law, the two civil-service workers can’t engage in partisan political activities, which includes running for city council, Limbian said.

“State civil-service laws do not permit them to file,” Limbian said. “The law doesn’t permit classified employees to engage in partisan politics.”

The candidates are Lee David Pupio, who works for the city’s wastewater department, in the 5th Ward, and Donald P. Scott, a detective sergeant with the police department.

Scott has already made his decision. He submitted his retirement letter Thursday, effective June 1.

Scott, with more than 30 years on the police force, said Limbian’s decision “is premature” because his candidacy hasn’t been certified by the Mahoning County Board of Elections. Limbian sent letters Thursday to Scott and Pupio informing them of the conflict.

Scott, who is also an attorney, informed police Chief Robin Lees on May 6, the day he filed as an independent, that he was going on vacation, effective the following day, for about a month.

In his retirement letter, Scott pointed out he was the only Youngstown police officer “to ever attain the designation as a certified law-enforcement executive by the Ohio Association of Chiefs of Police. Finally, I thank your office for taking notice and awarding Det. Sgt. Carl Davis and myself the Silver Star for Bravery for having risked our lives to save citizens while in the performance of our duty with the police department.”

Pupio couldn’t be reached Thursday by The Vindicator to comment.

There were also questions about the eligibility of the two to run because of the federal Hatch Act, which restricts certain municipal employees from engaging in partisan political activities.

But Limbian said he didn’t consider the Hatch Act because the state law is clear.

Overall, nine independent candidates filed for the seven city council seats May 6, the deadline to submit those nominating petitions and the day before the Democratic primary.

The elections board hasn’t yet certified the candidacies of those who filed as independents. But David Starr, who wants to run for the 6th Ward seat, has acknowledged he voted in the Democratic primary. Under state law, that no longer makes him an independent, and he is expected to be disqualified.