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.,V..».: - .. . ??. ?.+?ms:w? :'? .. . .. . . . . . . .w.na?w=?n +.:. , , . . . City of North Olmsted 5200 Dover Center Road • North Olmsted, Ohio 44070-3129 Phone: (440) 777-8000 • Direct Line: (440) 716-4140 Fax: (440) 777-2345 Norman T. Musial, Mayor April 12, 2002 To: All of Council From: Mayor Norm Musial k Re: Ordinance No. 2002-51 (Interim Directors) I have reviewed referenced Ordinance, have determined it is flawed and that several questions must be pursued. I place my VETO thereon. Ordinance No. 1997-122, passed by Council on December 16, 1997, would be repealed by Ordinance No. 2002-51. Ordinance 1997-122 was vetoed by then Mayor Edward Boyle on Dec. 24, 1997. His veto (copy attached) was unanimously overridden by the then Council members by a vote of 5 to 0. Voting to override Mayor Boyle's veto were O'Grady, Nashar, McKay, Limpert, and Gareau, Jr. It must be reemphasize "that because the subject of interim appointments was not addressed in the City Charter, Council was not precluded by Article III, Section 5(a), from adopting, in an exercise of the City's home rule powers, an ordinance which would authorize the mayor to appoint, and remove, interim directors without the concurrence of Council" - an opinion on which the former law director and current law director appear to agreed. In my opinion, the issue of appointing interim directors is primarily an administrative issue rather than that of a legislative issue. Further, I don't think that Council or the Mayor has a talking crystal ball that says in all situa.tions there are no possibilities for an item to come up in the last months of an existing Mayor's term which may cause the Mayor to continue an existing Directar as an Interim Director. An opinion has been presented that Ordinance 1997-122 was not intended to enable a Mayor to appoint a succession of Interim Directors. Yet that very point was brought up in the veto by Mayor Boyle of Ordinance 1997-122 wherein he stated "North Olmsted could very well find itself in a situation where four or more people hold the title of Director of Public safety and/or Director of Public Service at different times within every term of a Mayor". Thus by Mayor Boyle's veto, Ordinance 1997-122 was given more substance, definition and direction than what is contain in the Ordinance itself. Further, while such a possibility theoretically exists the probability of such an event occurring is 0?' ?a "Together We Can MakeA Difference!" ??- ?.,?.?????,