Former Newton Falls Police Chief Gene Fixler won the appeal of his termination in Judge Andrew Logan's courtroom on Monday, Oct. 4.

 

In the ruling, the court found the village did not comply with the statutory mandates or state laws, and the because of that, the court ruled that Fixler was wrongly terminated. 

 

The court said because the village did not follow the proper procedure, the court did not need to determine the sufficiency or lack of evidence in regard to the charges, nor decide the merits of Fixler's claim.

 

Fixler filed an administrative appeal against his termination in January.  Following the testimony at the hearing, Newton Falls Council made a motion to terminate Fixler as the Newton Falls Police Chief. The village council voted had two members for not guilty, two members guilty and Mayor Ken Kline for guilty, and Fixler was terminated.

 

Pursuant to the Ohio Revised Code, in the case of removal of a village police chief from office, the legislative authority must vote by two-thirds (66%) of all members of the legislative authority to remove. In this case, the legislative authority did not meet the 66% threshold to remove Fixler.

 

21 News reached out to Newton Falls Mayor Ken Kline for comment, but said he didn't have any information on the verdict, and would be speaking with the village's law director to see if the village would appeal the decision or reinstate Fixler as chief.

 

Fixler had been Police Chief in Newton Falls for nine years and an officer for nearly 50 years.