WARREN, Ohio - The decision Tuesday by the Trumbull Board of Elections to unanimously reject two requests for referendum issues to overturn legislation involving replacement of “smart meters” and upgrading pay and benefits of the part-time law director Joseph Fritz in Newton Falls is about to be challenged before the state’s highest court.

21 News has learned that residents supporting the referendums plan to file an appeal to the Ohio Supreme Court on Wednesday morning in an effort to have the board’s decision overturned. The decision was reached during a meeting of Be the Change, the group’s political action committee Tuesday evening. “We feel we’ll get a fairer shot at justice when the cards are not politically stacked against us,” the committee’s Jim Luonuansuu said after the meeting. “We weren’t surprised by the decision because we weren’t given the opportunity to submit briefs like the village and prosecutor did.

The village is planning to spend $3.1 million to replace current electric and water meters and install upgraded technological replacements. An ordinance passed in June authorizing the meter purchase was repealed with an update in July. A legal opinion to the board from Attorney Jason Toth of the county prosecutor’s office determined that the filing against the earlier ordinance was “moot” because the it had been repealed. That held little water with Luonuansuu, a former Newton Falls council member.

“Nothing in the replacement ordinance is saying that original ordinance was repealed,” Luonuansuu said to the board. He also asked how village council could pass the updated ordinance as an “emergency” issue when it delayed action on it due to the COVID-19 pandemic.

As for the law director issue, the village had argued that the decision to upgrade the salary to an equivalency of full-time pay and benefits is an “administrative” matter that under Ohio law is not subject to a referendum as would be the case if it were considered legislation. Fritz, who called in to the virtual meeting, challenged the residents and some media reports describing his upgrade to full-time status.

“I don’t even know where this full-time came from,” he told the board. “(This is about) negotiated benefits as part-time between the city and insurer.” The prosecutor’s office review supported Fritz’ position. However, Luonuansuu told 21 News this evening that Fritz’ decision to call the board during Tuesday’s virtual meeting was “morally and ethically wrong.” He said
Fritz had declined to comment previously to the public on the issue “because it would be ethically wrong and then he goes and gives testimony about it.”

“The law director has not had benefits since 1968,” he earlier told the board. “That is a change to the position.” Luonuansuu’s argument as well as that of Werner Lange, another critic of Newton Falls council, did not sway board members who voted unanimously 3-0 to reject both issues. Board President Mark Alberini recused himself from voting because he is related to
Tarry Alberini, a Newton Falls councilman.

Luonuansuu said the committee will file “pro se” to the court meaning it will not have legal counsel. “We’re filing an expedited elections case on line,” he said adding that he expects a response from the court by the end of the month.

The residents have submitted a third referendum petition seeking to overturn council action to purchase a former church for nearly $400,000 to become the new village office building. The board is reviewing petition signatures to determine validity.