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Board approves Falls recall election

WARREN — Over the objections of the Newton Falls law director, the Trumbull County Board of Elections agreed to have a June 1 recall election for village council’s 4th Ward member, Sandra Breymaier.

The board voted 4-0 Friday in favor of having the June 1 election although Mark Alberini, its chairman, called it a “convoluted situation” and that there “seems to be a reoccuring thing with Newton Falls.” However, he supported having the election on June 1.

He and other board members said residents of the 4th Ward have spoken by submitting a valid petition for the recall, and it’s the board’s duty to carry out elections.

Village Law Director A. Joseph Fritz wrote a letter, dated Friday, to Stephanie Penrose, the board’s director, and William J. Danso, who serves as the board’s legal counsel as an assistant county prosecutor, contending village council’s 2-1 vote on Monday “was not properly passed due to a failure of a majority of affirmative votes.”

There are four ward seats and one at-Large position, with the latter open because of the resignation of Tarry Alberini.

At Monday’s meeting, council members John Baryak and Tesa Spletzer voted in favor of the recall election being June 1 with Adam Zimmerman voting no and Breymaier abstaining.

In his letter, Fritz stated Mayor Kenneth Kline’s declaration that the proposal was approved was wrong.

“Clearly, a vote of two ‘yeas’ and one ‘nay’ does not create a majority of city council needed to pass the motion and the motion failed,” Fritz wrote.

In a Thursday letter to Penrose, Kline wrote: “The recall petition has been verified as sufficient by the village clerk, and it also was signature validated by the board of elections staff. Please take the necessary course of action to allow the voters in Newton Falls 4th Ward to vote on June 1.”

The board also received a legal opinion from Danso.

Citing attorney-client privilege, the board refused to provide a copy of the letter Friday to the Tribune Chronicle.

But during the meeting, Alberini discussed it, saying: “It’s nothing definitive. Arguments can be made on both sides.” He also said the Danso letter stated “the most important issue is the council vote.”

Elections board member Arno Hill, who also is mayor of Lordstown, said: “At the end of the day, if we send this back to Newton Falls, we’d still (eventually) have an election for this.”

Hill also said no matter what the board did, some people would be unhappy.

For the June 1 election, 681 eligible voters are in the 4th Ward, Penrose said.

They will vote at the First Church of God, 426 W. Broad St., from 6:30 a.m. to 7:30 p.m. June 1.

Voters also can cast absentee ballots if they request them from the board. The board of elections office will be open for early voting from 8 a.m. to 5 p.m. Tuesday to Friday, 8 a.m. to 7 p.m. May 24 to May 28, 8 a.m. to 4 p.m. May 29, 1 to 5 p.m. May 30 and 8 a.m. to 2 p.m. May 31, which is Memorial Day and the day before the polls open.

Getting the recall question on the ballot has been an ongoing saga in Newton Falls.

The vote Monday came after several delays at meetings because of council members either walking out before the vote or not having enough for a quorum.

Residents of the 4th Ward want to recall Breymaier are concerned that she isn’t representing residents based on her actions and comments at meetings.

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