04/18/2005 Minutes - Laserfiche WebLink

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CITE' OF NORTH OLMSTED CIVIL SERVICE COMMISSION MEETING MAJ'OR'S CONFERENCE ROOM MINUTES — APRIL 18, 2005 7:00 P.M. I. ROLL CALL: Chairperson R. Giesser called the meeting to order at 7:10 p.m. PRESENT: R. Giesser, M. Ubaldi, and W. Hohmann ALSO PRESENT: Assistant Director of Law Bryan O'Malley, Director of Personnel & Administrative Services Cheryl Farver, and Civil Service Secretary Annie Kilbane II. DISPOSITION OF MINUTES: The Civil Service minutes dated March 21, 2005 have been submitted for approval. R. Giesser made a motion to approve the minutes as submitted. The motion was seconded by M. Ubaldi and unanimously approved. Chairperson Giesser recommended starting with New Business since Ms. Farver was present. III. COMMUNICATIONS: There were 6 items of correspondence received and 1 item of correspondence sent out by the Civil Service Commission. There was a brief discussion about a letter from a fire fighter candidate who requested his name be removed from the eligible list. A question was raised as to whether the commission needs to act on each such request. Mrs. Kilbane indicated the name was removed from the list since she received the written request from the candidate. Mr. Ubaldi suggested they be informed of such requests on a monthly basis. W. Hohmann made a motion that the removal letter received from Brian James Clifford be accepted by the Commission. The motion was seconded by M. Ubaldi and unanimously approved. IV. OLD BUSINESS: State Personnel Board of Review - Report of Activities for 2004 Mrs. Giesser asked if there were any comments on the report. There were none. Mr. O'Malley referred to Section 8 and 9 of the report and indicated there were no formal legal opinions or decisions regarding civil service matters. The report was accepted as submitted. Mrs. Giesser asked Mrs. Kilbane to mail the completed report to the State Personnel Board of Review. Review of Rule III, Rule IV Section 2, and Rule IX of the Civil Service Rules and Regulations Mr. Ubaldi recommended they address Mr. O'Malley's opinion on Rule III, Section 8c. There was a lengthy discussion about seniority credit in North Olmsted, charter language in the City, as well as charter language in Lakewood and Cleveland as it relates to two court cases referred by Mr. O'Malley. Mr. Ubaldi suggested removing the language they have for Section 8c. Mrs. Giesser indicated she does not favor that. There was further discussion about home rule authority and having express language in the charter giving them express authority to vary from state law. Mr. Hohmann asked if these issues can be addressed by the Charter Review Commission. Mr. O'Malley indicated he will ask the Law Director to advise them on what the Charter Review Commission has been discussing in these areas. . He recommended they put the discussion and the proposed amendment on the shelf without a motion for the time being. The Commission then reviewed the current language in the rules for Section 8c. Mr. Ubaldi made a recommendation for changing the language and said they could keep it until they have a definitive answer from Charter Review, at which time they will look at the explicit language that defers to state law. Mrs. Giesser said she was against it but does not have a problem being alone on that. Mr. O'Malley pointed out they do not know what express language the charter amendment may contain or whether the voters will adopt it. The language may not cover all the changes the Commission has in mind. There are