12/02/1986 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/2/86 -4- Law Director Gareau reported: 1) Has received not if ication from the State Personnel Board of Review on the Carol Ward Case. The opinion of the Admini- strative Law Judge, who reviewed the case, is that everything done by Law Director and Civil Service Commission was totally proper. A complaint was filed by Carol Ward's attorney that the dealings were not really above board; the hearing officer of the Personnel Board of Review did not find that to be factual. Law Director had requested the matter to be dismissed from that agency because, in his opinion, they lacked jurisdiction;.hearing officer did, in fact, recommend dismissal on that very basis. Civil Service Commission, independently, made the same recommendation,; consequently, it will be dismissed. Law Director has never seen the board overrule one of its officers regarding something that is so obvious in the Ohio Revised Code. 2) Law Director has participated with the counsel for the insurance company in preparing the appellate brief in the Sixth Circuit in the Crumbley Case. 3) Has not only prepared the trial brief in the Cooper Case but has also sub- mitted a response to a brief submitted by counsel for Miss Cooper. 4) Would like to discuss a different aspect of the San Diego trip regarding privatization. Believes that in the next six or seven months, council will see a challenge by RTA with respect to having the North Olmsted and Maple Heights bus lines put out for privatization. Believes that if there is ever to be a challenge to the City of North Olmsted, regarding its existence, it is going to be in that area. Feels it is incumbent on himself to know everything there is to know about the area of privatization and how it will eventually affect North Olmsted and its effort to remain in existence.. Some exciting things have been discussed in the area of privatization. Believes that the announcements made with respect to federal funding that is available, in cooperation with private enter- prise, can affect North Olmsted as a city. Has consulted with Mayor Petrigac and jointly are preparing a resolution, to be introduced at the next council meeting, which requests the Ohio General Assembly and the Governor to take steps to reform the law in the State of.Ohio with respect to the funding of regional transit authorities. The Ohio Revised Code presently does permit communities to work in concert to establish regional transit authorities - counties with the county; cities with the county; cities with cities. The only impediment is that there is no provision in the law to permit an equitable distribution of the l~ tax money that is collected. The provisions of the Ohio Revised Code are such that you cannot have any taxing authority of a sales tax which is less than a county. There is no provision, even though .they permit smaller than county regional authorities, to share those tax dollars with a smaller than county authority. Thinks it is time that council, along with the Mayor and Law Director, takes a position and urges the legislature to provide for distribution of tax dollars to less than county regional authorities. This would put ..North Olmsted in the position to establish a regional authority on the west side of Cleveland and permit Maple Heights to establish on the south side and whoever else wants to establish. The essence of the San Diego trip indicates that competition, whether it be with private enterprise or with governmental entity against governmental entity, is probably one of the most healthy things that can be injected into the transportation system of North Olmsted. Law Director saw success story after success story dealing with this very subject; saw county after county, state after state, having systems whereby, if somebody was unsatisfied with the transit services they were receiving, and there happened to be, in place, a county-wide or area-wide sales tax, that they can take their pro rata share and they can establish transportation services in their area which best suit their needs. Does not feel that anybody mould argue with the fact that the City of North Olmsted has now become its own central hub; has its own transportation needs that are not current y being met by the Regional Transit Authority; it is time to establish a policy that will become a model for the State of Ohio to forge ahead and meet these needs; thinks that UMTA, if North Olmsted starts now, will look at this and next year will be one of the shining models that UMTA has looked to as an example of what competition can do in the area of transportation. „~ INi!"'i1~ww~~N~lw~agw _ 'n i.eww..,,,. ,. ,.,r~ssl4.„-.....-