NEWTON FALLS — Attorney Samantha Ulrich has begun her duties as the village’s part-time assistant law director and will work with attorney Jeff Limbian in handling various legal issues of the community.

She did not attend Wednesday’s council meeting, but Limbian was there and discussed some of what Ulrich has done for the past week.

Limbian will handle the prosecuting duties in Newton Falls Municipal Court, which has seen an increase in cases since the return of the Newton Falls Police Department. Ulrich will handle the other law director duties and has been reviewing recent village council legislation and contracts.

Earlier this month, council approved a new contract with Limbian for two days per week at $70,000. Council also approved an assistant law director position for 30 hours per week, also at $70,000, which is Ulrich’s position.

Ulrich formerly served as assistant prosecutor in Portage County.

One issue that the law directors will be looking at is if a member of council violated the village charter by abstaining on voting on a motion Feb. 4 without giving a reason. The city charter states that other members of council must vote to accept the reason for abstention.

First Ward Councilman Brian Kropp and Second Ward Councilman Brian Axiotis had a resolution placed on the agenda to formally reprimand Third Ward Councilman Bob Burke for nonfeasance in office related to his failure to vote on a matter after council’s rejection of his requested abstention.

Axiotis and Kropp said the charter establishes that members of council “are public officers charged with the duty to participate in the legislative and procedural actions of council, including the duty to vote on matters properly before the body and any council member seeking to abstain from voting must state a reason for such abstention and that council must vote to approve or reject the requested abstention.”

Burke, who was not at Wednesday’s meeting but was excused because of work obligations, voted Feb. 4 to abstain on a matter without providing a reason. His abstention was rejected by council in a 1-3 vote. Axiotis said the chapter is very clear on the matter that Burke did not receive the votes to be allowed to abstain.

Kropp said the failure for a member of council to vote is a failure to perform a core duty of public office and may reasonably be characterized as nonfeasance in office and the charter allows for a member to be reprimanded.

The matter being voted upon from which Burke abstained was to place on the agenda a motion to discuss rehabilitation facilities. Burke stated at the Feb. 4 meeting that his abstention was because of a lack of desire to vote on the issue.

Axiotis, Kropp and Councilwoman Julie Stimpert voted against his abstention, while Fourth Ward Councilman Kevin Rufener voted to accept the abstention, but the vote was defeated 1-3.

Limbian stated that the part of the charter dealing with abstentions may be “unconstitutional.” Kropp said he believes there is no language in the charter or otherwise to force someone to vote. Limbian at the February meeting advised Burke “to hold his position.”

Council on Wednesday voted 3-1 to table the reprimand ordinance for further review by the law department.

Axiotis, Rufener and Stimpert voted to table the matter, while Kropp voted not to table it.

“Before any action is taken on this, I want to know what our legal authority on this is. We need to get legal feedback. I do not want to vote to impose discipline on someone without getting a legal review,” Rufener said.

“He should have given a reason or explanation for abstaining or voted no,” Kropp said.