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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2013 - 111 <br />BY: Mayor Kennedy <br />AN ORDINANCE AUTHORIZING THE MAYOR TO <br />REQUEST PROPOSALS FROM QUALIFIED PERSONS <br />AND/OR FIRMS TO PROVIDE PROFESSIONAL LEGAL <br />SERVICES FOR THE YEAR 2013 AND 2014 FOR LABOR <br />RELATED MATTERS; AND FURTHER AUTHORIZING THE <br />MAYOR, SUBJECT TO APPROVAL OF THE BOARD OF <br />CONTROL, TO ENTER INTO AN AGREEMENT WITH THE <br />PERSON AND/OR FIRM SELECTED IN THE RFP <br />PROCESS, AND DECLARING AN EMERGENCY. <br />WHEREAS, the City of North Olmsted in November of 2013 preferred discipline <br />against two employees within the Division of Police that resulted in their termination <br />from employment with the City of North Olmsted; and <br />WHEREAS, the former employees have indicated their intent to exercise their <br />rights under the Collective Bargaining Agreement to seek reinstatement; and <br />WHEREAS, one instance potentially involves an employee with rights not only <br />under a Collective Bargaining Agreement, but also the Civil Service laws of the City of <br />North Olmsted and State of Ohio; and <br />WHEREAS, the Director of Law is required to provide legal advice to not only <br />the Civil Service Commission, but also the Administration; and <br />WHEREAS, a conflict is in effect where the Director of Law is required to advise <br />not only the neutral Commission, but also the Administration - an entity with interests <br />and objectives divergent to those of the Commission; and <br />WHEREAS, the other employee involved in these proceedings is a neighbor to <br />both the Director of Law and the Mayor of the City of North Olmsted; and <br />WHEREAS, the Director of Law recently hired an outside prosecutor to review <br />criminal charges against the employee now terminated due to the potential suggestion of a <br />conflict of interest due not only to the personal relationship, but also due to the practical <br />difficulty and ethical dilemma of potentially prosecuting the very same employees that <br />you are obligated to represent; and <br />WHEREAS, given the real and potential conflicts involved, the Director of Law <br />and Mayor have recommended to this Council that it authorize him, pursuant to the <br />provisions of Sections 112.08 of the North Olmsted Codified Ordinances, to initiate an