NEWTON FALLS, Ohio - Controversy is mounting in Newton Falls over who should act as the third ward council member while a lawsuit challenging election results plays out.


For at least the second time since the November election,  Lyle Waddell remained seated as Newton Falls third ward councilman during a council meeting.

This is despite November 3rd election results where Tesa Spletzer unseated Waddell with 67% of the vote.

But, Wadell rebutted with a lawsuit challenging those results.

In the court filing, Waddell claims Spletzer was not legally elected because the Newton Falls charter requires that the election for this "unexpired term" take place during the next general election, which is set for November of 2021. Waddell says the board of elections has no jurisdiction or power to override the charter and claims that he remains the 3rd Ward Councilman.

"We are not choosing sides," said City Law Director Joseph Fritz during a Monday night council meeting.

Fritz has advised the council that while the lawsuit plays out in court they should continue the "status quo."

However, the first hearing in the case is not scheduled until January. Therefore, on behalf of the city, Fritz has filed an "interpleader" which asks a judge for guidance.

"Would like some guidance from them on who should be sitting in that chair. That has been filed and hopefully, should be having some kind of hearing within a week, week and half, although I have not scheduled anything with the court yet," said Fritz.

Resident Werner Lang expressed frustration with the decision to keep Waddell seated and called into question the legitimacy of any action taken with his vote.

"I, as a resident of ward three, I resent having an illegitimate council member try to represent me." said Lang. "That means everything that Mr. Waddell has done since he has been illegitimately representing this ward is null and void."

This could potentially include the passage of four controversial city employee contracts.
The only councilman to vote against these contracts during the last council meeting was John Baryak.

Baryak proposed this meeting to have Spletzer seated as third ward councilmember. However, the motion did not receive a second.

"If no second the motion dies," explained Mayor Kenneth Kline.

Waddell will likely remain seated pending guidance by a judge.