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Newton Falls considers current rules of conduct

NEWTON FALLS — Mayor Lyle Waddell and other village officials said residents have the right to speak their opinions at public meetings, including using criticism, as council continues to discuss rules of conduct.

Village officials this month have discussed the removal of some sections, but have not been able to reach an agreement.

Waddell said both the administration and council do not want to violate anyone’s First Amendment rights to speak his / her piece at a meeting. He said just as he has a right to speak and make comments on various topics and opinions made by others, so do all officials and the public, as long as proper guidelines are followed.

“As elected officials, we understand we are open to criticism and comments from people on what we are doing. The public is allowed to do that. We would not stop a person from speaking,” he said.

Councilman-at-Large Tarry Alberini said he agrees taxpayers have the right to speak their piece at meetings and disagree with officials, as long as they use appropriate behavior and language.

“Anyone has the right to agree or disagree with council or elected officials and criticize or compliment on something. Being a public official is not easy. Everyone does not always see eye-to-eye. We work for the betterment of Newton Falls,” Alberini said.

He said he knows people use social media sites to express more offensive comments than they do during public meetings.

Fourth Ward Councilman Phillip Beer agreed that anyone can speak his / her opinion as long as things do not get out of hand with inappropriate or foul language.

Law Director A. Joseph Fritz said no one has ever been prevented from speaking publicly at a meeting, adding, however, people need to wait their turn and speak only during the public comment section.

At its Nov. 5 meeting, council voted 3-2 against removing a section of the rules of conduct “where accusations or suggestions of impropriety or illegal conduct and / or comments or attacks of personal nature by members of council and / or against members of council are prohibited.”

The presiding officer may issue a warning the first time a speaker fails to abide by these rules, but shall declare the balance of the speaker’s time forfeited if subsequent offenses occur.

Voting against changes to the current sections were council members Joseph Basista, John Baryak and Mark Stimpert, while voting in favor were Alberini and Beers.

Stimpert said council needs to follow the current rules of conduct at meetings, applying rules equally to everyone.

Baryak said while he agrees everyone has the right to speak, he said he believes individuals should be able to defend themselves.

“Let people speak as long as they are not being belligerent,” he said. “I will defend myself. I do not like to be intimidated or slandered.”

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