09/18/1984 Meeting Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE MEETING OF THE COUNCIL OF THE CITY OF NORTH OLMSTED SEPTEMBER 18, 1984 Present: President James Boehmer, Councilmen Bierman, O'Grady, Rademaker, Tallon, Wilamosky. Also present: Mayor Robert Swietyniowski, Law Director Michael Gareau, Finance Director Edward Boyle, Clerk of Council Florence Campbell. Absent: Councilwomen Petrigac and Saringer. Meeting was called to order by President Boehmer at 8:00 P.M. Members of the audience were invited to .join Members of Council in reciting the Pledge of Allegiance. Minutes of Regular Council Meeting of_ September 4, 1984, were approved. Minutes of Special Council Meeting of September 6, 1984, were approved. Public Hearing was held on Ordinance No. 84-67, an ordinance amending Section 1174.06 of the Zoning Code, entitled "Rear Yard Restrictions" of Chapter 1174 en- titled "Height and Area Regulations for Retail Business Districts", as amended. There was no audience participation; Public Hearing was adjourned. President Boehmer announced the addition of Ordinance No. 84-93, to transfer and make appropriations for current expenses and other expenditures as well as Ordin- ance No. 84-94, to enter into a contract with the Cuyahoga County Sanitary Sewer District to purchase a used, trailer-mounted sewer vacuum unit. Also advised that Councilwomen Petrigac and Saringer were attending a seminar in Cincinnati and would not be in attendance at tonight's Council ?Meeting. Law Director Gareau reported: 1) City had appealed one of two cases involving Police Officer Jandecka: a five day suspension. Originally, the City was successful in the Lower Court in challenging the attempt by the Patrolmens' Benevolent Associ- ation to attack North Olmsted's charter provisions. Basically, the PBA said that because the Ohio Revised Code provides that any police officer or fireman who re- ceives any suspension of time whatsoever is entitled to a Civil Service hearing, the City's charter did not prevail. The City maintained that as far as it was con- cerned, the charter did prevail and a police officer or fireman was entitled to a hearing only if given more than a five day suspension. City won in the Lower Court but a new twist entered into the case in the Court of Appeals. The Court of Appeals ruled that as a chartered municipal corporation, the City did indeed have a right to establish rules and regulations regarding suspension but the charter provisions were ambiguous and because they were ambiguous the State Code prevailed. Because the State Code prevailed, a policeman or. fireman would be entitled to a hearing for any suspension at a11, even though the charter of North Olmsted provided that a hearing would only take place if the suspension were for more than five days. This is what was appealed; City filed a motion to ceitify the records to the Supreme Court and the motion was denied this past week. Law Director recommends that the charter be amended to specifically clear up this ambiguity problem. One thing to be noted is that the charter provision dealt with is contained in just about every charter of every munici- pal corporation on the west side of Cleveland so it is not unique. If the City is to maintain a Charter that provides for self-government, then an amendment to the Charter should he presented to the people for the purpose of adcption.