A special council meeting scheduled for this evening to set a date for the recall election for 4^th Ward Councilwoman Sandra Breymaier was cancelled after the village law director determined scheduling the date tonight would constitute a violation of the village charter. “This meeting would NOT be following the proper process for recall as written in the Charter,” states the opinion from Law Director A. Joseph Fritz.

The meeting had been called by two council members—Tesa Spletzer-3^rd Ward and John Baryark-4^th Ward, both of whom support the recall, after Trumbull Board of Elections Director Stephanie Penrose reviewed more than 200 signatures on the petition and found 191 to be valid. Penrose said the petitions were turned over to village Clerk Kathy King on April 1.

Fritz’ opinion, however, notes that the charter requires a seven-day period for the council member to decide whether to resign “after giving the council person notice of petition sufficiency” through certified mail through the U.S. Postal Service. The law director wrote Breymaier could argue her due process rights were violated had the special meeting been held tonight, which is within the seven-day waiting period. Fritz said notification through social media such as Facebook does not assure due process rights.

Breymaier has been criticized for public comments during council sessions. Earlier, she accused Mayor Ken Kline of initiating the recall, an allegation denied by the mayor last month. At a council meeting earlier this month, Breymaier emphatically said she had no intention of resigning.

“We are just cautiously proceeding and making sure everything is handled correctly,” Spletzer told 21 News about the decision to cancel the meeting. She said the date for the recall election will be set at council’s next meeting on April 19. 

Councilman-At-Large Tarry Alberini is among those who do not support the recall. “You don’t get elected to council just to go after other members,” he said. “This gives Newton Falls a black eye.”