Lakeview residents file suit to remove mayor

3047

Residents in the village of Lakeview have filed litigation in an effort to get the mayor removed from office.

The residents have filed the lawsuit under a seldom-used Ohio law accusing Fagan-Moore of neglect and violation of state laws since she assumed office in January 2024. The heart of the lawsuit lies in the aftermath of the devastating tornado that struck Lakeview on March 14, 2024.

According to the complaint, Fagan-Moore’s handling of the Lakeview Fire Department during this critical period was marked by poor decision-making that exacerbated the disaster’s impact. The residents claim that her actions led to inefficient disaster relief efforts, mismanagement within the fire department, increased insurance premiums and slower emergency response times.

The legal action also alleges that Fagan-Moore violated open meeting laws by excluding the public from key meetings and decisions, eroding transparency and accountability in her office.

The lawsuit further accuses her of fostering a hostile work environment for firefighters and mishandling village council decisions, which critics argue have compounded the village’s difficulties.

Tim Steinhelfer, the attorney representing the plaintiffs, said in a press release the lawsuit is a necessary step to address what he describes as a pattern of egregious mismanagement and disregard for the public’s welfare.

Steinhelfer contends that the mayor’s actions have not only affected the immediate safety and efficiency of Lakeview’s emergency services but have also undermined public trust and governance.

Read the full statement below:

Villagers of Lakeview have filed a lawsuit in the Logan County Common Pleas Court against embattled mayor Elaine Fagan-Moore seeking her removal from office. The 83-paragraph lawsuit was filed by 143 electors of the village, which has 781 registered voters, according to the most recent tally. The villagers are seeking to have Fagan-Moore removed from office, citing neglect of duties and violations of state laws since she assumed office in January 2024.

The lawsuit alleges malfeasance on the part of Fagan-Moore, primarily based on her gross mismanagement of the Lakeview Fire Department, that exacerbated disaster relief efforts during Lakeview’s recovery from the March 14, 2024, EF3 tornado that devastated the village.

The suit paints a dire picture of a tyrant who puts her own personal desire for respect above all else. In one particularly appalling act, Mayor Fagan-Moore reportedly instructed the closure of a public street on which she resides to pedestrians, despite lacking any authority to do so.

The strained relationship between Mayor Fagan-Moore and the Lakeview emergency response team became particularly evident following the devastating EF-3 tornado that struck the Indian Lake area. In a controversial move, Mayor Fagan-Moore ordered disaster relief supplies to be relocated from a readily accessible fire station to a downtown parking lot obstructed by debris, hindering relief efforts.

In April 2024, Mayor Fagan-Moore convened a meeting with limited attendance, in violation of Ohio law, that included select Village Council members, a West Liberty pastor, the village solicitor, who has since resigned, certain firefighters, and village employees. The press and public were excluded from this meeting, raising concerns about transparency and accountability. The suit alleges multiple violations of Ohio’s Open Meetings Act. Mayor Fagan-Moore allegedly conducted improper executive sessions without giving the required public notice and failed to keep accurate records of meeting minutes. Additionally, the mayor is accused of overstepping her authority in voting matters, further breaching the Ohio Revised Code governing public meetings. These actions appear to be an effort to avoid public scrutiny of her performance as mayor.

The crux of the suit centers on Fagan-Moore’s conduct with regard to the Lakeview Fire Department, which is staffed by volunteer firefighters. Many firefighters have reported experiencing harassment and bullying under her leadership, creating a hostile and unsafe working environment. Additionally, Fagan-Moore has directly delayed testing basic safety equipment for the fire department, imperiling safety and causing homeowners insurance rates in the village to increase across the board.

The culmination of these issues has led to a near-mass resignation within the Lakeview Fire Department, including its longtime veteran fire chief Norm Springs, leaving the department severely understaffed during a critical period of disaster recovery. Due to the limited staff and increased response time, homeowners’ insurance rates have increased in the village, and response times have increased, imperiling public safety.

As a result, neighboring fire departments such as Waynesfield, DeGraff, Huntsville, Russell’s Point, and Belle Center have, according to the suit, refrained from requesting mutual aid from the Lakeview Fire Department, citing decreased effectiveness, in contravention of decades-long past practices.

The situation deteriorated further in May 2024, when the Village Council, led by Mayor Fagan-Moore, voted on several matters during a session that lacked the required number of attendees, undermining the legitimacy of the decisions made. The suit further alleges that Fagan-Moore intentionally intimidated Lakeview citizens from speaking during public comments at village council meetings in violation of the First Amendment.

Complaining villagers have retained Bellefontaine attorney Tim Steinhelfer to prosecute the lawsuit. According to Steinhelfer, the suit is brought under section 3.07 of the Ohio Revised Code, an antiquated and rarely used statute that has been on the books since 1913. Under the statute, a trial must be held within thirty days of the filing of the suit, which was filed on Friday, August 9. According to Steinhelfer, this “special statutory procedure” has only successfully been used twice in the history of the state. “We know we face an uphill battle legally, but we’re confident that the statute was designed for exactly the type of egregious conduct perpetrated by Fagan-Moore. The citizens of Lakeview deserve better. I couldn’t be prouder to represent these brave citizens.”

Under the statute, the complaint must be signed by at least 15% of the number of qualified electors who voted in the last gubernatorial election. In Lakeview, that number is 48.

Lakeview residents characterize Mayor Fagan-Moore’s leadership as incompetent, disruptive, and devastating — going beyond political disagreements to a breach of statutory duties that risk the community’s safety in a time of dire need.

“It’s like we were hit by two tornadoes in one year. [Fagan-Moore] disrupted the peace in our loving community and truly has divided our town. Since the actual tornado, she has done nothing but tear our community apart bit by bit and needs to be replaced with an adequate and more capable individual with a kind and helping heart instead of a big ego using the mayor title as a power trip.” – Ella Shoffstall

“I am disturbed and disgusted at the performance of Mayor Moore.” David F. Downing Jr.

“There is no peace, just destruction. I love my community, and I’ll not allow Elaine to destroy it. We’ve been through enough.” Traci Gentis

“Since Elaine became mayor, I have been belittled, degraded, and publicly humiliated. She made against me, and I was threatened with felonies all for helping my community. I am constantly questioned about ‘stealing money from the fire department’ and called ‘queen ant’ by community members. To say it’s thankless would be an understatement. The mayor is putting our lives at risk.” -Amy Stevens

“Since she has become mayor…I’m very fearful of what is coming next. Lord help us all.” – Susy Neely

The suit seeks the immediate removal of Elain Fagan-Moore from her position as Mayor of Lakeview.