Judge orders Newton Falls council to seat Spletzer--for now
NEWTON FALLS, Ohio - Trumbull Common Pleas Judge Andrew Logan today ordered Tesa Spletzer seated on village council as Third Ward representative in effect removing Lyle Waddell from that seat until Logan can decide the merits of Waddell’s lawsuit against her election, most likely in late January.
“She is the duly elected council person until such time as I resolve the issue,” the judge told both sides during a virtual hearing online Monday morning.
Spletzer easily defeated Waddell with 67-percent of the vote November 3, but Waddell had filed suit claiming the election should not have been held until November 2021 according to the village charter. Law Director A. Joseph Fritz recommended that council should “maintain the status quo” and keep Waddell in the seat until the challenge can be decided in the courts. A recent attempt by one council member to seat Spletzer went nowhere because none of the remaining four council members would second his motion and Waddell stayed on council until today’s ruling.
Waddell had sought a continuance for today’s virtual hearing. The former mayor, who had filed his suit without an attorney, said he needed more time to seek legal representation. Spletzer’s attorney, Alfred Schrader, quickly took exception and called Waddell’s motion “just another attempt to thwart the will of the voters.”
“(Waddell) has known about this but waited till he lost the election,” Schrader said. “He is way past the eleventh hour.” The judge agreed. He dismissed Waddell’s continuance motion, calling it “dilatory,” which means “tending to delay.” Logan ordered both sides to file briefs by January 21 and indicated he would rule based on the briefs without holding another hearing.
Village Council meets this evening and Spletzer will be seated, Fritz told 21 News after the hearing. The law director had earlier filed a motion as “interpleader” seeking counsel from the judge and said that’s what he received today. “I am pleased that the judge granted our interpleader motion and happy he gave us guidance,’ Fritz said. “Mr. Waddell will not be there according to the judge’s order.”
A message from 21 News seeking comment from Waddell was not returned.
Spletzer was sworn into office by Newton Fall Municipal Judge Philip Vigorito last month. She told 21 News she did not wish to comment on today’s ruling, but is looking forward to taking the Third Ward seat for the first time.
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