NEWTON FALLS, Ohio - An angry dispute over interpretation of rules with Mayor Ken Kline led three council members, manager Dave Lynch and Law Director A. Joseph Fritz, to walk out during Monday night's council meeting.  Despite their absence, Kline went ahead with a vote to set a recall election for Sandra Breymaier, 4th Ward Councilwoman.

"We have a quorum," Kline argued even though only two council members—John Baryak-2nd Ward and Tesa Spletzer-3rd Ward were the only members remaining at the time. Kline cast the third vote to schedule the recall on May 25 after joining Spletzer and Baryak in voting against a separate resolution to schedule it in May 2022.

The eruption began when council members argued over the resolutions and whether Breymaier should be permitted to speak. Kline claimed that rules set by the Ohio Elections Commission prohibited Breymaier from speaking during discussion of both—an interpretation challenged by other council members. When Adam Zimmermann, 1st Ward, moved to overrule Kline's interpretation, the mayor responded by ordering police to remove him. The walkout by Zimmermann, Tarry Alberini, councilman-at-large, and Breymaier followed immediately.

Kline justified going ahead with the vote because, he argued, a quorum existed at the start of the meeting even though only two council members were present when the vote occurred. However, that is not the way quorums are generally determined. According to "Roberts Rules of Order," considered a guide in such matters, "The chair has the duty to declare the absences of a quorum if he notices a quorum is no longer present." Even more telling is this quote: "in the absence of a quorum, any business transacted is null and void."

"That was not a legal vote," Alberini told 21 News after the meeting. "He (Kline) decided to institute his own rules even with the law director correcting him. This is a sad and shameful day for Newton Falls." Alberini said he believes recall election will not be certified by the Trumbull County Board of Elections because of the quorum issue.

Alberini also took exception to Kline's denial of Breymaier's right to speak about the resolutions. "I don't see a conflict of interest," he said.
 
More than 200 citizens had signed petitions demanding a recall election for Breymaier because of what the signers say are derogatory comments the councilwoman has made. However, Breymaier told 21 News last month that she thinks Kline is behind the recall and accused the mayor of having "a vendetta" against her—an allegation Kline denied. "I don't like recalls," the mayor said prior to the votes. 

21 News has left a message for Fritz asking if there will be a legal challenge to the council vote.