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#,,,. <br />Council Minutes of 10-04-2011 <br />~; <br />employee organization and the legislative body. The agreement is binding upon the <br />legislative body, the employer and the employee organization and the employees covered <br />by the agreement. The Mayor may have stated that he would be doing negotiations and <br />would have Mr. Johnson's back-up for the bigger issues. There are going to be bigger <br />issues. As a legislator and representative of the taxpayers of North Olmsted, I strongly <br />suggest we put our personal feelings aside and vote yes on 2011-96. My vote is yes. <br />Roll Call continued: Schumann, yes; Williamson, no; Brossard, yes; Orlowski, no; <br />Kearney, no; Mahoney, no with comment. First, I would indicate that I really see this as <br />two issues. What the legislation is asking us to do is to dispense with the RFP process <br />and authorizing the Mayor to enter into a contract with Mr. Johnson. I note from just the <br />very face of the legislation that Mr. Johnson has worked for us since 2002. The city <br />chose to go out to an RFP (request for proposal) process, soliciting proposals from <br />various entities. Nonetheless, the city required an RFP process in 2006. From 2002 to <br />2006, Mr. Johnson represented our city in our labor negotiations. Now, it is five years <br />later and we are being asked to dispense with the RFP process and again hire Mr. <br />Johnson. I see no reason to depart from the prior practice of this Council and not require <br />an RFP process. I would advocate that we consider going out for an RFP process rather <br />than just simply hire someone. I would indicate that I did vote to hire Mr. Johnson and <br />bring him on board on previous occasions, and that was primarily because the Law <br />Director at the time, Mr. Dubelko, indicated that he thought it was too specialized and <br />decided he did not want to handle it. I have heard nothing with regards to this particular <br />year that would cause me to consider that our Law Director couldn't handle this type of <br />negotiation. Our current Law Director has vast experience with municipal law and <br />municipal government. We have afull-time Asst Law Director as well. I fail to see at <br />this point in time why he couldn't also undertake these responsibilities as well. While I <br />recognize Mr. Johnson's successes in the past, at this point in time I don't understand <br />why it would be necessary to again go to Mr. Johnson. I have every confidence that Mr. <br />Gareau and Mr. O'Malley can handle this. I respectfully disagree with the <br />representations that this is above and beyond them. I don't know that the negotiations <br />this year or next year will be any more difficult or challenging than they have in the past. <br />Given the concessions that our unions have already given up, I just don't know what <br />more Mr. Johnson can get out of them as opposed to what Mr. Gareau or Mr. O'Malley <br />could get. The city of Fairview Park has an Asst Law Director who conducts their <br />Boards & Commissions much like Mr. O'Malley's responsibilities here. His name is <br />William McGinty. He handled all of the negotiations for Fairview Park. Nothing went <br />beyond arbitration. All unions signed the contracts, and he did it within 6 to 9 months. <br />This is a fine example of a city taking negotiations in-house and got all of their contracts <br />done by their Asst Law Director. We have afull-time Asst Law Director and apart- <br />time Law Director so that buttresses my view on this particular issue. In regards to <br />catering special interests and putting the residents second, my view of the RFP process is <br />that by its very nature it enhances and ensures the residents are getting the best available <br />product for their money. I am at a loss of the suggestion that I am not following the <br />residents' best interests or that I'm not protecting their interests. I see my no vote here <br />that I am fulfilling the responsibility of the residents by ensuring that we go forward with <br />an RFP process and not simply hire Mr. Johnson. So, my vote is no for those reasons. <br />Councilman Barker pointed out that Mr. O'Malley is a part-time employee, not full-time. <br />8 <br /> <br />