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bargaining agreement and she would be happy to provide that. There was further discussion about Mrs. <br />Rote's position and the currently unfilled position of Assistant Clerk of Commissions. Mr. Ubaldi <br />recommended taking a closer look at the issue in the future. <br />R. Giesser made a motion that the position of Clerk of Commissions is to be considered <br />classified/competitive and the position of Assistant Clerk of Commissions also will be considered <br />classified/competitive. The motion was seconded by W. Hohmann and unanimously approved. <br />Mrs. Giesser said since they are not under any time constraints right now, they will hold off on the rest. <br />Before the Commission started its review of the handbook, Mrs. Rote asked to go back to her question <br />of her position being classified/testable. She asked if she would be grand -fathered in or would she have <br />to test to keep her position. Mrs. Giesser said Mrs. Rote is not a provisional employee. Mr. O'Malley <br />said it could be subject to how the administration decides to proceed as a result of the determination that <br />was rendered this evening. He does not see that that issue was presented. Mrs. Giesser said this is the <br />same question Mr. Bingelli raised. Once the position was classified, he's grand -fathered in because he's <br />already in it. <br />➢ Review letter to be sent to the Charter Review Commission <br />Mrs. Giesser said the Commission had indicated they wanted to respond to the issue of its ability, under <br />home rule, to set its own rules. They would like to draft a letter in that regard. Mr. Hohmann asked if <br />the Commission currently sets its own rules. Mr. O'Malley said that is true except to the extent they are <br />in conflict with state law. He said Mrs. Giesser is saying that stronger charter language may be required <br />to enable the Commission to deviate from state law. Mrs. Giesser said her understanding is the previous <br />Law Director found that they had the ability to make rules that conflicted with state law. The present <br />Law Director is of the opinion the Civil Service does not have that ability. Mr. Hohmann said it needs <br />to be cleared up as a charter change. Mr. O'Malley said the Commission can respond directly to the <br />Charter Review Commission and express an opinion that its rule making authority should be broad <br />enough to allow for the rules to prevail over any conflicting provision of state law. The Commission <br />agreed a letter should be drafted. Mrs. Giesser stated she will work with Mr. O'Malley on putting a <br />letter together. <br />V. NEW BUSINESS: <br />➢ Hearing for Determination of Disqualification and Removal from Police Officer Eligible List, Civil <br />Service Handbook Rule II, Section 8a and Rule VII, Section 8j <br />Mrs. Giesser asked Mr. Bowser to introduce himself and address the Commission. Mr. Bowser <br />explained that he passed the written entry level examination for patrolman and then proceeded to take <br />the agility exam through Cuyahoga Community College (Tri -C). He then reviewed the elements of the <br />agility test. He indicated he missed passing the agility test by six sit-ups. He said his concern is that <br />standards for the test were changed the morning of the exam. Mr. Bowser said he also had a problem <br />with the fact that only one test was offered in the 60 day time frame. Mrs. Rote, the former Civil <br />Service secretary, was present to address another item on the agenda but offered some background <br />information on what material was given to entry level candidates for the agility test. Mr. Bowser said <br />there was mixed communication between Tri -C and the City of North Olmsted. He added that Tri -C <br />informed him that the City of North Olmsted determined the standards for the agility test. Mr. Hohmann <br />pointed out that Tri -C set the standards for the agility test and the information given to Mr. Bowser may <br />have been misleading. Mrs. Giesser said the City did send officers to Tri -C to participate with police <br />officers from other communities in developing the agility test. She added that the Commission only <br />needed to receive a pass or fail grade from Tri -C. Mr. Hohmann said one of the problems is that if the <br />board made a change for Mr. Bowser, it would have to do so for many other candidates. Mr. Bowser <br />replied that he understands that, but he wants another opportunity to take the test and it has not been fair <br />