01/13/2014 Minutes - Laserfiche WebLink

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Second Witness: Patrol Officer Eric Morgan for the City of North Olmsted. Examination and cross examination proceeded. Third Witness: Brian Bielozer; unemployed from the City of North Olmsted. Mr. Bielozer was a Patrol Officer. Examination and cross examination proceeded. There were no closing arguments. Mr. O'Malley indicated that he can draft an opinion for review. The Commissioners deliberated. Mr. Milligan provided Exhibits to the clerk. The Exhibits are: Exhibit A: Westlake Police Department Incident Number 13-09498, dated 4/28/2013; Exhibit B: Letter dated 7/17/2013 from Brian Bielozer to Cheryl Farver, Director of Human Resources; Exhibit C: Email dated 8/14/2013 from Michael Gareau Jr.; Exhibit D: Email dated 8123/13 from Michael Gareau Jr. to Michael Piotrowski; Exhibit E: Civil Service Commission letter dated 9/9/2013 to Brian Bielozer; Exhibit F: Signature sign in sheet for receipt of letter of intent for the Promotional Police Sergeant Examination; Exhibit G: letter dated 10/10/2013 from Police Chief Gallagher to Brian Bielozer; Exhibit H: Grievance dated 10/15/13 from Brian Bielozer; Exhibit I: letter dated 11/7/2013 from Civil Service Commission to Brian Bielozer; Exhibit J: Promotional Police Sergeant testing scores from Dr. Doverspike on 11/18/2013. Exhibit K: letter dated 11/22/2013 from Police Chief Gallagher to Brian Bielozer; Exhibit L: memo dated 11/25/2013 from Police Chief Gallagher to Brian Bielozer; Exhibit M: Uncertified Police Promotional Ranking List (Sergeant); Exhibit N: Letter dated 11/25/13 from Safety Director to Civil Service Commission; Exhibit O: memo dated 11/25/2013 from Police Chief to Brian Bielozer; Exhibit P: letter dated 11/27/2013 from Safety Director to the Civil Service Commission; Exhibit Q: letter dated 12/3/2013 from the Civil Service Commission to Brian Bielozer. Chairman Barrett moved, seconded by Commissioner Hayes, to remove the number one candidate, Brian Bielozer, from the Promotional Police Sergeant Eligible List. Roll Call: Chairman Barrett, yes with comment: The Charter and the Civil Service Rules are very specific. The issue before us is to whether or not remove the candidate from the list. There is no dispute that this person has been terminated; Commissioner Hayes, yes with comment: we listened to a lot of testimony and the Commission's job is to remove this candidate based on his job status. He is not employed by the City of North Olmsted and in order to move forward with the testing and the appointment of the Sergeant, eligible candidates have to be in place; Commissioner Rahm, yes with comment: Mr. Bielozer is not currently employed by the City of North Olmsted. It is our understanding based on the large amount of testimony that this information will be heard by an arbitrator and a decision will be made at that point but as far as our scope to look at is simple, who is on the list and the people who are on the list need to be employed to be placed into the position. Motion passed unanimously. Chairman Barrett moved, seconded by Commissioner Hayes, to recertify the amended list for Promotional Police Sergeant Eligible List. Motion passed unanimously. Mr. O'Malley will complete a Finding & Order based upon the Commission's ruling and will circulate them for the Commission's review and determination by the next meeting.