NEWTON FALLS - After a brief but tense and packed emergency meeting Wednesday, Pat Layshock no longer is mayor in the eyes of City Council.
But the turmoil over the former mayor may just be entering a new phase. Layshock shared case law after the meeting that he claims would allow him to rescind his resignation as long as he did so before council voted on it, as he did on Tuesday.
He offered his resignation on Monday, then changed his mind on Tuesday. Council ignored the rescindment of the resignation.
For now, Layshock has not committed to a course of action following the meeting.
It wasn't for the lack of trying, however. Layshock attempted to call the meeting to order and was about to lead the Pledge of Allegiance while Councilman Tom Moorehead, a political rival, attempted to stop him.
"Pardon me, sir," Moorehead began, but Layshock went through the pledge regardless, taking a seat with the public afterward.
"I will now call the meeting to order," Moorehead said.
Even after council removed the controversial mayor in a vote of 4-0 - Councilman Steve Marcum was absent due to work - Layshock said he was leaving under protest.
Some in the crowd booed following the vote. One woman shouted, "Cowards!" from the back of the room. A faction of people on the other side of the room, however, applauded after the resolution passed.
People were divided on council's decision following the meeting. Zoning Administrator Brett Godfrey said council did the right thing.
"Maybe we can move forward like we were before he became mayor," he said.
Others, such as resident Connie Reed, said council was wrong and that there should be a recall election for the current council.
"I think he (Layshock) was railroaded," she said.
Moorehead had said on Tuesday that Layshock's resignation was a political stunt, one of many that sidetracked business in the city.
"As far as I'm concerned, he vacated the seat on Monday," Moorehead said following the meeting.
As vice president of council, Moorehead will run council meetings in Layshock's absence. Moorehead, himself a former mayor who lost to Layshock in the November 2007 election, said he has no plans to run for Layshock's unexpired term.
Under the resolution council passed Wednesday, Layshock will not have a disciplinary hearing, which was scheduled for Monday. Moorehead called for the hearing after Layshock said on council floor at a June meeting that the county made an offer to Newton Falls to drop out of a class action lawsuit over 911 service. Moorehead said this was a breach of attorney-client privilege.
Layshock stood up before council after Moorehead called for the hearing and resigned his seat effective Aug. 1, stating that the problems and drama on council have become too great and he would remove himself.
Shortly after the meeting, Layshock shared case law that he said could call council's decisions into question. The case, an 11th District Court of Appeals ruling from Lake County, cites an Ohio Supreme Court decision from 1991 that ruled that a public employee could rescind or withdraw a resignation prior to its effective date so long as the employer hasn't accepted it.
If that case law is relevant to the former mayor's situation, it could create a problem for City Council. Layshock turned in two written notices before Wednesday's meeting stating that he rescinded his decision.
The first, filed Tuesday, states, "I have decided to rescind my resignation affective (sic) August 1, 2009."
The next letter, filed Wednesday morning, states that he rescinds his resignation effective immediately.
The former mayor said he was upset that law director Rick Schwartz was not there to handle the legal question. He was unhappy with the way council handled the vote.
"I don't appreciate being treated in such a manner," Layshock said.
When asked if he would sue for his old job back, the mayor said that it's "too close to the action for me to make a determination."
Layshock still can run as a write-in candidate for his own unexpired term if he is legally able to. The filing deadline for write-ins in the November election is Sept. 2, according to the Ohio Secretary of State's Web site. Layshock said Monday when he resigned that he intended to run as a write-in and let voters decide if he should come back.
"In closing I apologize to the community for the embarrassment this caused them...,'' Layshock said. ''Newton Falls is my home and I will continue to support it.''
During this interview in the foyer of the city manager's office, City Manager Jack Haney, who had often been the target of Layshock's public indignation on the council floor, walked past without saying anything to the former mayor. Layshock stared at him until Haney was in his office.
Moorehead said the reason for accepting the resignation was to protect the city. He said that the former mayor serves on a 911 board with several other communities and the question of whether he was or wasn't the mayor could call their decisions into question.
