Falls mayor can’t return
Council accepts resignation, but not attempt to rescindBy BILL RODGERS / Tribune Chronicle
Article Photos
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.
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BeenThere
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07-09-09 9:42 PM
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Since many are stating he has done so much for our community, please give the reset of us actual examples of things he has done or accomplished as Mayor that benifitted our residents rather than the conflicts, lawsuits, recall elections and negitive press that many of us know him for.
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cactus
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07-09-09 7:41 PM
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Play a recording of Monday night's resignation meeting - no request to leave the meeting was seen - If he was so ill, as he said on the news, why did he go straight to Amvets? He is good at acting, he is good at snide comments and he is good at intimidation. Anyone that has ever worked with him in any capacity knows this. Please see this man for what he is.
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RUpayingattention
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07-09-09 5:57 PM
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Mr Layshock....PLEASE just go away. Stop using Newton Falls for your family soap opera. Accept your actions this week and move on. You are a big boy and your decisions COUNT. You know better than that. I am ashamed that you represent our city and that I was fool enough to talk to you then vote for you in that election. I wont make that mistake again. Next election, I'll vote for a monkey if it runs against you. lol less drama lol
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RUpayingattention
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07-09-09 5:52 PM
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Hey ConcernedNFParent...are what is it about the crap Layshock is pulling that you don't see? He was willing to LEAVE HIS ELECTED POST and hand our city high and dry for PERSONAL REASONS. He has never had our city in his best interests. He sure does cause drama though. Our council, including Mr. Moorehead, are working to make sure things are running smoothly in the embarrassment of this unprofessional conduct by the "former mayor". In my opinion, he got what he asked for. No more, no less. I would like to see some of you people who are negative toward council to step up and run for a seat in YOUR ward. Of course, that is not an option with many of you who are negative because you dont have what it takes to face the people like yourself who would put you under a microscope. Thank goodness we have people like our current council members who are willing to put up with your bad words...and still are willing to keep Newton Falls' good interests in mind. Shame on you! Get the fa
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Hardball
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07-09-09 4:57 PM
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They all need replaced. Their meetings are nothing but comedy hour and who wants a member of a club for men for mayor anyway. NF politics is quite a show... maybe they should set up a circus tent for the next 4th of July. It would be more entertaining then the bands and DJ'S that are there!
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UnclePaul
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07-09-09 1:29 PM
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You hill hacks are always fighting about something. The rest of the area laughs at you.
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pahootaman
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07-09-09 12:45 PM
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NF44444OH, that's the same defeatist attitude that got these people in/ staying in power in the first place. The apathetic thought that "if we kick this guy out, the next guy is worse" is baseless. I'm sure it's not impossible to find out how to run for office in NF, heck, these idiots figured it out. I'm sure NF isn't so big of a city where the "good-ole boy" club is strong enough to keep out any new blood.
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NF44444OH
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07-09-09 12:24 PM
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Are some of the new candidates any better? Have you actually listened to some of their statements up at the podium during the public comment portion of the meetings? If you think it is a circus now, wait and see what it turns into if they end up sitting at the table.
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pahootaman
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07-09-09 11:40 AM
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Well, uhhh.... at least you have a spectacular covered bridge.. right? Your city govt. is a bunch of kids, you NF residence should vote them all out out of principle.
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ConcernedNFParent
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07-09-09 10:50 AM
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Council....pathetic. Are all of you crazy? Seriously, it is time for all of you to go! Moorehead, you are so transparent.
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anniemae
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07-09-09 9:43 AM
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Sour graps by Moorehead. Didn't like being defeated by Pat. That's politics...right or wrong. The majority rules....so live with it. Who is perfect enough to please everyone?
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reader
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07-09-09 9:43 AM
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Newton Falls is like so many of the communities in TC. This comment transcends NF. The proverbial zip city where residents all went to school together, mostly are related, go to church together on Sunday or the local pub on Broad Street on Saturday night, cry together, laugh together, mourn together, raise children together, pat each other on the back for the 4th of July celebrations and Home44444Holidays, then have no compunction about stabbing one another in the back. The city of angels and demons, the code of daVinci, Templars, and hidden agendas. Then we all wonder why we as communities or a county can't move forward. Go Figure.
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frankSpooner
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07-09-09 9:18 AM
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have you ever seen how the council acts, they act like little kids, moorehead throwing his tantrums, funny stuff.
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reader
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07-09-09 8:17 AM
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Act in haste, repent in leisure.
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FairyGrandmother
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07-09-09 8:06 AM
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Even if his resignation had been accepted by Council, he would remain in office until August 1. Once again, Council (Moorehead in particular) overstepped their authority.
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reader
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07-09-09 8:03 AM
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I gotcha'
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oldcuda
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07-09-09 7:59 AM
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reader;wrong type of 'secret signs and rings'..This hall is high above Broad St and there mission is simple,'Take care of their own'..(regardless of the ciy's best interest)
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reader
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07-09-09 7:43 AM
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oldcuda, You don't mean to tell me Harry Potter and Voldevort are alive and well in NF? Instead of car shows, perhaps a Quidditch game at the Community Center with brooms and flying balls with wings is in order. Whatever team wins, wins. Simple as that.
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SURV69
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07-09-09 7:41 AM
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The previous day's letter recinding his resignation is dated for August 1. This make's absolutely no sense to me at all. The letter to recind on Wednesday is to immediately resind the resignation. First off, it's obvious the mayor was playing games with the resignation in the first place . . . who knows why. In any case it appears the the mayor is screwy. If the mayor's letter to recind is valid(the second letter), then the meeting might not have legally occured and the votes taken might be invalidated anyway. ANYWAY . . . the water in Newton Falls had been smelling alfully bad for the past 2 months or so(has finally gotten better) and I wonder if it's affecting the politics?
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reader
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07-09-09 7:35 AM
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BeenThere, no parliamentary procedure needed to be followed. Layshock was technically still mayor until a motion was made, seconded, discussed, and called to question. He was at the meeting, and he needed to call the meeting to order and start the pledge. There should have been an agenda to this meeting. He really should have been given the opportunity to address council. Then if someone on counsel wanted to make that motion to remove the major or accept his rescind of the resignation notice, then the motion, either way, needed to be seconded, discussed, and called to question. It would have been a more democratic way. Like I mentioned before, people are now choosing sides instead of moving on--with or without him.
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oldcuda
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07-09-09 7:33 AM
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it is always hidden agendas in NF's.. there are two sides of Broad St & city hall....One has the 'holy den of rings and secret signs'(upstairs),and,the other does not.It is a simple,ethnic,religious,fraternal/cult power struggle.
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reader
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07-09-09 7:23 AM
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I admit to not being at either meeting or knowing the entire situation. I know none of these people. But parliamentary procedure may not appear to have been followed. I would have to wonder if there was a resignation letter at the first meeting. I don't think that has been mentioned. You would also have to wonder about the motivation of counsel. Was their argument so weak they needed to handle the situation without Layshock conducting the meeting and having his say? Even if he had, they could have still made a motion to accept the resignation. It is a shame this was handled in the way it was. It will only create more discension in Newton Falls and sides chosen. Had it been done "on the table" so to speak, it would have given the appearance that it was done correctly and for all the right reasons. Now, it will probably look to SOME people as if hidden agendas and not the people of NF were more important. I guess we will have to see what happens from here.
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BeenThere
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07-09-09 6:57 AM
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He openly resigned his position as Mayor to Council and the public then walked out of the meeting. If Council didnt jump up and say "No wait, please dont go". isnt that the same as accepting it? After all, Council never accepted Stevens or Rufeners resignations can they come back now too..
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frosty13
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07-09-09 6:48 AM
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Go council, its about time people start standing up to "Mr. Ex-Mayor"
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oldcuda
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07-09-09 6:45 AM
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Layshock will retain office.It is the way the law reads. Council,again,has jumped their own starting blocks.
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