NEWTON FALLS — Village council members at their meeting on Friday approved not adopting the minutes from a Sept. 11 special meeting after a county judge ruled on a temporary injunction filed by a former village official.

David Lynch, former village manager, filed a complaint in Trumbull County Common Pleas Court against village council, citing a violations of the Ohio Open Meeting Act and seeking an order prohibiting the adoption of “untruthful and inaccurate” minutes from the Sept. 11 meeting.

Judge Sean O’Brien approved a temporary injunction against the village and ruled the meeting minutes from Sept. 11 could not be approved at Friday’s 4:30 p.m. meeting. His ruling came earlier in the day.

In an affidavit, former Newton Falls Mayor Ken Kline — who resigned at the Sept. 11 meeting — stated the minutes from that meeting were “a complete fabrication” and “lies” as submitted for council’s approval. Kline stated the minutes did not include his statements about the meeting being illegal or that he adjourned the meeting.

Council members Kevin Rufener and Julie Stimpert also left the meeting and stated it was illegal. Three other council members — John Baryak, Gideon Fetterolf and Tesa Spletzer — remained to continue the meeting.

Baryak said Law Director Brad Bryan, attorney Tyler Wick, who has served as parliamentarian at recent meetings, and attorney David Betras, who has represented the village in the matter, all said the meeting was legal with three of the five council members present.

O’Brien ruled that the minutes of the Sept. 11 meeting shall be amended and set for approval Oct. 18 to include the statement:

“Mayor Kenneth Kline stated: “Just so that everybody here understands that this here is an illegal meeting based on codified ordinance 125.01(H). A special meeting does not continue a previous meeting or duplicate anything that was on that agenda or legislation so at this moment I adjourn the meeting.” The mayor then struck the gavel and left his seat on the dais.”

Lynch said he filed the motion because Kline’s critical information was left out of the minutes, making them inaccurate, and calling into question the transparency of council. Kline stating he was resigning also was not part of the minutes.

Baryak, who has served as mayor since Kline left, said the meeting minutes will be updated to include that statement and be set for approval at council’s Oct. 18 meeting. He said clerk Michael Acomb was not at the special meeting, so the minutes were transcribed from the recording of the Sept. 11 meeting. However, that portion of the recording was not included.

“Nothing was done illegally. The meeting was legal,” Baryak said, noting three attorneys have told village officials the meeting was legal.

At recent meetings, Fiscal Officer Sean Housley has served as clerk when Acomb was not able to attend.