10/15/2001 Minutes - Laserfiche WebLink

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They feel that one of their doctors are more qualified then Dr. Hershner as he is an ophthalmologist. He understands that the city would have a hard time telling their doctor that they chose another doctors opinion over his. However, they believe that they have submitted enough evidence to show that Mr. Gates has 20/20 correctable vision. He suggested that they hoped they would not have to go further with this and feel that the evidence presented should satisfy the commission. This is a Civil Service meeting not a courtroom with a jury. Mr. Riley indicated that Mr. Gates has dedicated his life to being a fire fighter/EMS worker. He asked that the board chose to take the opinion of their doctor. He suggested that they were not clear as to why there is a difference of opinion. There is no reason why the Cleveland clinic would have their machines out of calibration. He does not believe that there is a more sophisticated facility then the Cleveland Clinic. He urged that the evidence that had been submitted to the board be reconsidered. The weight of the evidence submitted by Mr. Gates should be enough to allow the Civil Service Commission to rule in Mr. Gates favor. Mr. Thomay questioned if there had been any further eye exams from the Amherst fire department. Mr. Gates answered that there had been no other eye exams from the Amherst Fire Department required. Mr. Thomay questioned if the applicant on his own would go to Columbus to be test by Ohio State. Mr. Gates answered "yes" he would be willing to go to Columbus because he would like to be hired. He has tried to get as much information as possible to avoid that, there was three doctors stating that he meets the requirements of North Olmsted. He suggested that depth perception was never stated in the standards. He further suggested that Dr. Hershner never tested him with glasses, as North Olmsted does not allow employees to wear glasses on duty. Therefore, he never took them with him to the appointment. Mr. Thomay indicated that the city does have an expert and the board has no reason to believe that his tests are not accurate.. Mr. Dubelko indicated that Mr. Riley stated Mr. Gates issue fairly however, under the Civil Service rules it is the applicant's burden to demonstrate that the reason for his disqualification is non existent. The board should travel lightly and show restraint. The board should look at all evidence provided equally and base their opinion on the results of those findings. Mr. Farrell commented that the doctor that the city uses would have no reason to be bias, as he has nothing to gain or lose from the passing or failure of a candidate. He suggested that even after Dr. Hershner spoke to Dr. Gressel on the telephone he was still not convinced that Mr. Gates met North Olmsted's requirements. In the past there was a candidate that went to Ohio State to be tested and those tests were sent to Dr. Hershner and after reviewing the tests he accepted their determination. Mr. Farrell indicated that as the board does not have an opportunity to speak with each of the Doctors involved the board is at an impasse. He suggested that Dr. Hershner has tested Mr. Gates twice, spoke with Dr. Gressel and is still not convinced that Mr. Gates meets the Civil Service requirements. The board would like to allow Mr. Gates the opportunity to take it upon him to go and take the eye exam at Ohio State. He is concerned that Dr. Hershner after speaking with Dr. Gressel (a doctor that he knows is more qualified then himself) still feels that Mr. Gates does not meet our requirements and that concerns him. Mr. Thomay indicated that the board would be willing to table the hearing until the candidate receives the results of the Ohio State test. It is the understanding of the board that Ohio State University is one of the best in the state for giving these tests. Many communities to write their vision requirements have hired Ohio State. W. Thomay suggested that if the applicant wants to take Dr. Hershner suggestion to be tested by Ohio State University, then the board would table the hearing. If not then the board will vote on this issue now. Mr. Riley questioned if the board could take a break so that he could speak with his client. Mr. Farrell suggested that it would be easier for the board to make its determination if Ohio State tested the applicant. Mr. Thomay indicated that Dr. Hershner suggested Ohio State should test with a method, which does not require a machine to be calibrated i.e. doing a 20 -foot chart test. Mr. Gates commented that he did what the board required of him at the last meeting. He further suggested that Dr. Ruh did a 20 -foot test when he tested him. The clerk indicated that Mr. Hershner never received any documentation from Dr. Ruh as was requested by the Civil Service Commission at their September 17, 2001 meeting. Mr. Gates remarked that he was never asked to send Dr. Ruh's findings to the city doctor. Mr. Riley indicated 2