Protest of referendum vote rejected

Board rules agreement with Falls city manager is an administrative matter

The Trumbull County Board of Elections on Wednesday ruled that a referendum for an ordinance regarding an employment agreement with Newton Falls City Manager Pamela Priddy is not a legislative matter, but an administrative one.

The ordinance increases Priddy's annual salary to $30,000 per year with six weeks of vacation.

After its decision in December was appealed, the board came to the same conclusion for the second time Wednesday, so the referendum will not be on the March 19 primary election ballot.

"The charter clearly spells out the ability of the city council to appoint a city manager; therefore, the board of elections affirms its decision and rejects the referendum," board member Marleah Campbell said.

Julie Lemon, a referendum committee member, prepared evidentiary packets for the board, which included pages of language archived by Newton Falls.

The exact opposite of the recent Ordinance 2023-36 of the city's charter, Lemon said, Ordinance 2009-26 did not create a new power, office or authority.

Upon reaching Saker Law Offices of Niles, Lemon told the board that Saker said, "We assert that Ordinance 2023-36 creates these very circumstances."

The ordinance, 2023-36, was written and approved by the current village council. Lemon suggested that new authority was granted to Priddy with its enactment.

"Council does not have the authority to grant the city manager the authority to hire a professional assistant that can only be hired and terminated by the city manager," Lemon said. "That position was actually a chartered position that was voted on by the electors."

Lemon referenced the passed 1993 Charter Amendment 12, Article III, Section 14, which states:

"Add 'City Clerk shall serve as clerk of council, shall keep all minutes of all city council proceedings, also the keeper of public records. City Clerk shall serve as assistant / secretary to the City Manager and Council and any other public committees City Council deems necessary. Clerk shall be appointed and removed by council and under the supervision of the City Manager."

In 2003, Newton Falls electors voted that the clerk "shall not serve as assistant or secretary to the city manager," according to the Proposed Charter Amendment number seven.

The change lasted for one year, Lemon said, until Nov. 2, 2004. In 2022, council struck the clause of 2003, ruling that the clerk would not be the secretary, or assistant, to the city manager.

"So, it was the will of the people of Newton Falls, for 29 of the last 30 years, that our city clerk shall be the assistant / secretary to the city manager," Lemon explained.

Lemon further noted, "The ordinance 2023-36 is also a direct conflict with the will of the people when it comes to the length of the city manager's contract."

Lemon told the board that on Nov. 7, 900 votes for and 245 against were received on a proposed amendment to Article III, Section 11 of its charter.

The resolution, 13-2023, was proposed to review and adjust regulations of the manager's employment contract.

"The council members did not trust the right of the electors to decide," Lemon added. "But decided to push an agenda onto the people. On Sept. 11, 2023, Ordinance 2023-36 was on the agenda, and sponsored by formal councilperson Tessa Spletzer. This ordinance was another way to try and circumvent the people's right to vote."

Rick Kerlan, a Newton Falls resident and member of the Charter Committee, said: "Those of us who have been here since 2009, and through many of these meetings, have seen this a number of times."

Kerlan continued, "The Honorable Judge Cynthia Rice ruled that the previous contracts, although did not make us all happy, were valid. This contract is based upon that."

Assistant Trumbull County Prosecutor Jason Toth questioned Lemon's understanding of the amended City Manager Employment Agreement.

"City manager shall also hire a professional assistant of her choosing for the period of time governed by this contract," Toth said. "Boiling this down to a nut shell, is that essentially the basis of your argument, that this is a matter that is legislative as opposed to administrative because the city manager shouldn't have the duty to hire a professional assistant?"

Lemon said, "That's the general basis of it along with a $30,000 raise."

Toth asked Lemon to examine another part of her submitted exhibit packet, and then mentioned the following language:

"'He shall, in accordance with the law, appoint, supervise, suspend and remove all offices employed with the city under his jurisdiction.' And then, 'it says the city manager, together with such subordinance, as he shall designate, shall be entitled to sit with council, all of the cities boards and commissions, and take part in any discussions, but shall have no vote, except as maybe otherwise set forth in this charter.'"

Toth then asked, "Can we not agree that, under the city's charter, the city manager has the duty to appoint a professional assistant, as within this contract?"

Lemon disagreed, and explained that the language should not be expanded to the manager's position.

"Let the will of the people prevail, whether this referendum falls flat on its face or passes," Lemon said in closing statements.