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f <br />MICHAEL R. GAREAU <br />DIRECTOR OF LAW <br />JAMES M. DUBELKO <br />.SENIOR CIVIL ASSISTANT <br />GEORGE H. CARR <br />CIVIL ASSISTANT <br />to <br />Cott# of NM4 Ohusteb <br />Bevartment of Batu <br />23823 LORAIN ROAD, SUITE 200 <br />NORTH OLMSTED, OHIO 44070 <br />(440) 777-1500 <br />Fax (440) 777-0107 <br />MEMORANDUM <br />BRYAN P. O'MALLEY <br />PROSECUTING ATTORNEY <br />C/o CITY OF NORTH OLMSTED <br />POLICE DEPARTMENT <br />27243 LORAIN ROAD <br />NORTH OLMSTED, OH 44070 <br />(440) 734-1500 <br />FAX: (440) 777-1716 <br />DANIEL J. RYAN <br />ASSISTANT PROSECUTING ATTORNEY <br />21270 LORAIN ROAD <br />NORTH OLMSTED, OH 44126 <br />(440)356-0062 <br />FAX: (440) 356-0665 <br />This is rn respoinse to your request for direction; as a result of the November 10 1999, letter <br />from Officers Huspaska and Cox of the Police Department Therein; these two Officers request a <br />ruling from the Director of Law with respect to whether Police Officers who have been awarded <br />seniority points on previous promotional examinations under previous; Civil Service Commission <br />Rules concerning the subject: of seniority points will continue to receive the, same. number of seniority <br />points on future promotional examinations under the new Civil SeTvice'Cbn mission Rules concerning <br />seniority points:. <br />For purposes of responding to this request, the Law Departmeht willassume that the Civil <br />Service Commission itself has tequested a legal opinion on the matter. I refer,,, ou to the legal opinion <br />on the subject of seniority.credit dated March 11; 1998: Therein;'the Law Department advised the <br />Civil Service Commission that under its then existing rules, the subject of seniority points was to a <br />great extent governed by existing*`.' atqlaw The Law Department also advised the Civil Service <br />Commission in that memo that the Commission had authority to promulgate different rules <br />concerning the subject of seniority points if it so desired. <br />It is my understanding that subsequent to March 11, 1998, the Civil Service Commission did <br />in fact amend its rules on the subject of seniority points to, among other things, limit seniority points <br />to past years of service in the North Olmsted Police and Fire Departments only. <br />Accordingly, it is the opinion of the Law Department that, in future promotional examinations, <br />seniority points should be awarded to any and all applicants based upon their past years of service <br />which qualify under the version of the Civil Rules existing at the time that the test is taken. <br />