Newton Falls fires its village manager during heated meeting
Official, council member walk out of meeting
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NEWTON FALLS -- Council by a 3-1 vote Monday ended the contract of village manager David Lynch, effective immediately, but Lynch said the vote was not enough to remove him.
During a three-hour meeting that included several heated exchanges among officials -- including the removal of a council member, Lynch was asked to leave his official seat after the vote to terminate his contract.
Mayor Ken Kline said Lynch could sit in the audience section of council chambers, but Lynch left the meeting after the vote.
Council members John Baryak, Tesa Spletzer and Brian Kropp voted to end Lynch's contract while Councilman Adam Zimmerman voted no. Councilwoman Sandra Breymaier did not attend the meeting, with officials indicating she is ill.
Baryak made the motion to add termination of Lynch's contract to the agenda as an emergency measure, which received a 3-1 vote for placement on the agenda.
The termination indicates Lynch is not to have any contact with village employees and to return all village property including car, computer equipment and all keys, and all papers. He is to return items by noon today.
Lynch's four-year contract had him paid $89,258 annually.
Law Director Joseph Fritz said Lynch is a contracted employee "and by terminating his contract, there may be consequences that come before this council," explaining he did not have time to review the motion and advise council on it.
He said there should have been discussion held in executive session on the matter and not on the public floor.
Fritz said a "super majority" of council is needed to place the motion on the agenda.
After the vote to terminate Lynch's contract, some residents at the meeting applauded and one yelled "bye bye."
Lynch told Kline after the vote that the motion did not pass.
"The law director clearly indicated it did not pass," he said, adding: "In my contract passed by council, there is a termination provision that requires certain things be in place before you are permitted to terminate me."
At one point Kline and Zimmerman got into a dispute over the council vote with Kline warning Zimmerman he would have him removed by police if he did not stop talking.
When Zimmerman refused, Kline told police Chief Gene Fixler to "get Zimmerman out of here." But Zimmerman left on his own.
Zimmerman said he was trying to explain to Kline and other members of council that because the motion was placed as an emergency on the agenda, it needed to have a 4-0 vote. He said had it been put on the agenda ahead of time, it would have needed a 3-1 vote or two-thirds to pass.
"It was not properly put on the agenda ahead of time so a 4-0 vote was needed to pass," he said.
Zimmerman said after leaving: "He violated my rights for simply asking questions."
Kline said a two-thirds vote of council was needed, with three of the four council members passing the motion.
"This needed a simple majority of council, which it received. The contract is null and void. His position is terminated," he said,
Fritz said after the meeting he will review the matter, indicating it did not receive a majority of 4-0 to be placed on the agenda.
"There was no prior notice about this. Council needed a majority vote to place it on the agenda," he said.
Residents had mixed reactions to Lynch's termination.
"You would not be able to tell what a wonderful community we have with what has been happening here," Catie Karl said. "The lies, the rumors, the cut-throat and the nonsense," she said after complaining of being interrupted by council members and residents when she was trying to speak at the microphone.
Julie Lemon, who at one point was crying, said: "This has been a long time coming, I will sleep better now knowing he is gone. That man has done so much damage to this city."
Kline appointed electric department superintendent William George as interim village manager, who will receive a $250 stipend per week, in addition to his other duties. Kline said a committee will be formed to find a new village manager.