Falls officials attend court hearing

Judge to decide if council can meet Monday to remove mayor from office

WARREN -- A hearing will take place today at the 11th District Court of Appeals to decide whether Newton Falls Village Council can hold a hearing Monday to remove Mayor Ken Kline.

The hearing is set for 9 a.m. before Judge Robert Patton at the appeals court in Warren.

On Monday, Kline filed a petition for a writ of prohibition against village council. A writ of prohibition is an order from either an appellate court or the Ohio Supreme Court telling a lower court not to do something, according to the Ohio Public Defender's Office website.

A status conference is taking place and all parties are scheduled to report to the court, according to the filing.

Village council is being represented by attorney David Betras, according to court records.

Last month, council voted 3-2 to proceed with a hearing at 6 p.m. Monday to begin the process to remove Kline as mayor.

Voting to proceed were council members John Baryak, Gideon Fetterolf and Tesa Spletzer. Voting against the motion were council members Kevin Rufener and Julie Stimpert.

Village Law Director Brad Bryan advised against proceeding with removal of the mayor, noting the issue is a matter of parliamentary procedure of a meeting and not one for removal of someone from office.

Fetterolf said the council meeting on July 5, and others, have become "fiascos" because Kline has not been controlling the meetings in his capacity as mayor. Fetterolf said Kline allows for interruptions and outbursts from the public.

"Something needs to be done to solve our immediate problem. We are in the scope of our authority to proceed with this and not let this circus go on," Fetterolf said.

Fetterolf said the village charter allows for the hearing and evidence to be presented against Kline.

Charges against Kline include not enforcing the rules of debate properly and not allowing council members three uninterrupted minutes to make comments; not properly preserving order during meetings and allowing abusive language, accusations and suggestions of impropriety or illegal conduct; and presenting comments or attacks of personal nature at meetings.

In addition, the charges state he conducted a meeting at the village administration building April 5 after the public was notified the building was closed and the meeting was canceled.

Charges leveled against Kline state that, as an elected officer, he is guilty of gross misconduct, gross neglect of duty, malfeasance in office and that he persistently fails to abide by the rules of council.

ARGUING AT MEETINGS

Arguing became so bad among officials and residents that at the July 5 meeting council voted to end the meeting 40 minutes after it started and did not get any work done.

The Trumbull County Sheriff's Office was called to the July 5 meeting.

Kline, who has been mayor for more than three years, is seeking re-election in November. David Hanson is running against him.

Kline said at the July 5 meeting that attempts are being made to remove him while there are more important issues including residents in the community who have flooded basements and parks needing equipment.

Bryan said the matter will add to the community divisiveness and cost the village a significant amount of money regardless of the result. He said Kline is entitled to legal representation at the village's expense.

"It will likely result in litigation and won't be resolved until next year. The mayor would not be removed before the election even if the council would vote to do so." he said.

Rufener called the motion "garbage" and said it was nothing more than a personality conflict.

Kline has said he does what he can to control the atmosphere at the council meetings.

A motion to pay for Kline's attorney was defeated 3-2 with Baryak, Fetterolf and Spletzer voting against the village covering the costs while Stimpert and Rufener voted in favor.

Bryan said if Kline loses the public hearing, he can appeal to the Trumbull County Common Pleas Court, and a decision might not come until 2024. He also said the November election also would be affected as voters would elect a mayor before a judge would rule on an appeal.