Mike Williams Mike Freeman

Councilman Mike Williams, also a mayoral candidate, fought over whether Council President Mike Freeman should be allowed to pick the replacements on committees left vacant by new Mayor Jeff Fusco's ascension to replace Garry Moneypenny.

(John Harper, Northeast Ohio Media Group)

AKRON, Ohio - An attempt to shift the balance of power in Akron's all-Democrat city council fell short Thursday at a special meeting that broke into stark disagreement.

At-large Councilman Mike Williams, who is running for mayor, claimed that council President Mike Freeman improperly invoked a rarely-used rule to allow himself to choose temporary replacements on committees that Jeff Fusco occupied.

Freeman insisted the rule was interpreted clearly and that Williams' arguments amounted to made-up controversy.

"People are like sheep and when there's not a shepherd there things like this happen," Freeman said after the meeting.

Freeman became council president Thursday, after Fusco became mayor in a mess of political turmoil that began when 28-year Mayor Don Plusquellic abruptly resigned last month, blaming the Akron Beacon Journal. Moneypenny, then council president, took over as mayor only to resign eight days later, after announcing he had a "too-personal encounter" with an employee in the city council office.

On Thursday Freeman invoked Akron City Council Rule 3.8, which reads as follows:

The President may serve as a regular committee member with full power to vote for a maximum of forty days in the event of death, resignation, or removal of a Council member from a committee. The President shall fill any vacancy occurring on a committee within forty days after the vacancy occurs by appointing another member of Council to fill the unexpired term.

Last week, when Fusco took over as president, council had planned to allow the committee on committees to decide the replacements on committees. But Rule 3.8 allows Freeman to choose temporary replacements to all the committee vacancies.

"Traditionally we have been using the committee on committees to establish committee members, but this is a time when we've had a seat vacated," Freeman said.

Williams claimed the language "death, resignation, or removal of a Council member from a committee" did not apply because Fusco was not removed, but left by process of law.

Akron Law Director Patricia Ambrose-Rubright said the rule applies because for all intents and purposes, Fusco was removed from his council seat.

Council Clerk Bob Keith agreed.

"If they don't like the rule they can change the rule, but you have to have the votes," Keith said. "The rule is pretty simple."

Williams minority contingent on council would have had an even 2-2 split on the committee on committees which would have allowed them decide who was on other committees and choose Fusco's replacement seats.

Councilman Russ Neal argued that the use of Rule 3.8 was a change of precedent.

"I am concerned because there has been a precedent set, time after time, and now we want to change that ... because a majority of council don't like where it's going," Neal said.

Eventually Freeman brought an end to the debate when he refused to hear any more objections.

Russ Neal also proposed that city council seek a law firm to represent them independently of the city of Akron's law department.

The only official votes taken appointed Margo Sommerville, daughter of city planning Director and former councilman Marco Sommerville, as council vice president and Donnie Kammer as president pro tempore, third in succession to lead council.

The selection committee will hold interviews for the Ward 10 replacement candidate at 5 p.m. Wednesday at the Akron Municipal Building. The appointments will last until new representatives elected in November take office next year.

"It's kind of like a reality TV show right now, but this show is only going to play for five months," Freeman said.

Williams and his cemented minority contingent did not make a motion to vote out Freeman as council president, as they had hinted at Monday's council meeting. The meeting began with a unanimous vote of confidence for Freeman as new council president.

"An olive branch was extended, but the hand was cut off with the olive branch in it," Williams said after the meeting.

Update: This story has been updated to clarify that Freeman will choose temporary replacements for open seats on committees, including the committee on committees, which can decide who sits on all other committees.