Mayor, city council dispute again continued

A preliminary injunction hearing regarding Willoughby Hills Mayor Robert Weger’s attempt to remove six of the city’s seven council members has again been continued.

The hearing was originally scheduled for Oct. 23, but was moved to Nov. 15 due to a scheduling conflict. The hearing was continued again Nov. 14. A new hearing date has not yet been set.

Weger on Oct. 3 attempted to fire six of the city’s seven council members. In an email sent to council members he alleged 11 instances of malfeasance by council members Nancy Fellows, David Fiebig, Laura Lenz, Janet Majka, Laura Pizmoht and John Plecnik. Christopher Hallum was the only council member not served with a notice.

The mayor also had the locks to the Council Chamber, the Clerk of Council’s office and City Hall changed; photos of the council members were removed from the wall outside the council chambers; and their names and contact information deleted off the city’s website. Plecnik said that council members and the council clerk were also denied access to their emails accounts.

“The damage that has been done is very disturbing to Administration and very costly to our residents, who elected us to serve their best interests and not use our positions for any type of retaliation or bullying ...” Weger told council members in his notice of removal. “I cannot allow this to go on any longer and for the protection of our residents and our city, I order your immediate removal.” Weger has based his notice on Section 9.31 of the city’s charter, which grants the mayor the authority to promptly remove an officer or employee for gross misconduct, malfeasance, nonfeasance in office or conviction while in office of a felony. Council members said that section of the charter does not apply to city council members.

The six council members filed a temporary restraining order against Weger Oct. 5 in Lake County Common Pleas Court. They said that their attempted removal and replacement is “illegal, unlawful, and null and void.”

Visiting Judge David L. Fuhry on Oct. 9 granted the temporary restraining order. In his order, Fuhry wrote that “removing the duly elected named council members appears to rely upon a questionable interpretation of the city charter provisions relating to removal of officers, employees and other city personnel.”

“The public is entitled to their elected council membership acting as decision makers absent a clear showing that removal is both justified and within the powers granted to the mayor by law,” Fuhry continued. “Improper removal irreparably harms the legislative process and thus is detrimental to the public interest.”

Fuhry wrote that the affected council members and their legislative employees are restored to their positions and have free access to the municipal buildings and offices. He also wrote that the buildings and offices will be restored to preremoval conditions.

The restraining order remains in effect until the next court hearing.