Report: Niles official lives in Howland

Investigator locates new residence for Councilman Cantola

NILES -- The findings of an investigation over more than three months could mean the vacancy of the city's 4th Ward council seat.

An investigation was launched in early September after another member of council, Councilman at-Large Ryan McNaughton, made an official request after noting current 4th Ward Councilman Al Cantola purchased a property at 9485 Howland Springs Road in Howland.

City law director Philip Zuzolo then had to choose someone to preside over the investigation. He chose attorney A. Joseph Fritz as the investigator based on his tenure with practicing law, among other things.

Fritz, who serves as Newton Falls' law director, was then tasked with investigating the legality of Cantola remaining in the seat and concluded Cantola legally does not reside in the city and therefore should forfeit his council seat.

Cantola has not responded to the Tribune Chronicle for comment but has corresponded with Fritz on the matter.

FINDINGS

To come to that conclusion, Fritz looked at many things but most important, it seems, was a mortgage filed Aug. 10 for the Howland residence.

According to the Ohio Revised Code: "Members of the legislative authority at large shall have resided in their respective cities and members from wards shall have resided in their respective wards, for at least one year immediately preceding their election. … A member who ceases to possess any of such qualifications, or removes from the member's ward, if elected from a ward, or from the city, if elected from the city at large, shall forthwith forfeit the members office."

Since Cantola resides outside the city, his seat should be forfeited as per the ORC.

However, Cantola still owns his Niles residence at 208 Vienna Ave.

The report is unclear as to why Cantola purchased property in Howland, but a contributing factor could be that in November 2019, the Vienna Avenue residence sustained fire damage. As it sits now, Fritz found a "For Sale" sign in front of the house, describing the house as damaged due to the fire.

Because of the fire, Cantola has been living outside the ward, but it was Zuzolo's understanding that Cantola intended to return to the house.

UNWILLINGNESS TO HELP

According to Fritz's report, Cantola was "less than cooperative. His interaction with me has been guarded." On at least two occasions, Fritz requested documentation of Cantola's residency and both times nothing was provided.

In emails between Fritz and Cantola, it appears Cantola wanted to proceed exclusively via email rather than meet in person.

"…But since your schedule and my schedule do not match at this time, it really shouldn't matter if we are sitting in the same office. So with that said, I will formally request that you please forward any and all questions you have regarding the inquiry into this matter to both my email address at the city of Niles and via US Mail to my home residence at 208 Vienna Ave. Niles…" Cantola wrote in a Nov. 10 email.

Almost a month later, Fritz sent an email stating: "… In my initial correspondence with you, I indicated you can send me any documents that prove your residency in the ward you represent. I have received nothing. I will not respond to your request to send questions for you in lieu of 'sitting in the same office.'

"Obviously your motivation to delay this process and motivation to efficiently complete this process are at odds. You should send any documents you wish for me to include in my legal opinion by Friday, Dec. 11, 2020."

On Dec. 11, Cantola sent an email blaming the pandemic as to why a face-to-face meeting couldn't happen. Cantola goes on to explain that he has "made every attempt to offer any information that you have requested."

Cantola claims his intent was to give Fritz any information.

"So my intent and motivation have always been to give you any information, but your lack of having any questions for me about this matter has fell far short," Cantola wrote. "I will not be just handing out any information to you, but would supply answers to your questions which you have none, not one in this whole process."

COUNCIL REACTION

The findings were made aware to council prior to a Dec. 16 council meeting and McNaughton took time during the meeting to address the situation.

"Not a one of us in this room is above the law. As elected officials it is up to us to be extremely prudent and judicious in modeling that behavior. It is exactly that type of cavalier attitude toward rules, laws and expectations that helped get Niles in the mess we have worked so hard to get out of …

"… Therefore tonight, before this turns into a circus that brings unnecessary angst to the city during this holiday season, I call on the 4th Ward councilman to do the right and honorable thing, and resign," McNaughton said.

He went on to say that council, administration and residents of the 4th Ward "deserve better."

Also at the meeting, 3rd Ward Councilwoman Linda Marchese said she did not want the report findings to be made public prior to the holiday season.

"I'm not going to comment on Mr. McNaughton's letter right now, which I don't think it should come out tonight before the holidays," Marchese said. "We all just got hit last night and today with all the things we're trying to piece together and understand."

HAZY FUTURE

Moving forward, Zuzolo said in approximately two weeks a hearing will be held where Cantola will be given a chance to respond to the conclusions of the report. The hearing will be before city council and won't be as formal as a court hearing.

"Ultimately, council will decide after hearing what Mr. Cantola presents whether to remove him," Zuzolo said.

If found that Cantola should be removed, the 4th Ward precinct committee would appoint someone to fill the vacancy.