04/05/2011 Meeting Minutes - Laserfiche WebLink

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Memo To: Michael Ubaldi, Chair/Member, North Olmsted Civil Service Commission From: Duane Limpert, President of City Council ~ Copy: Mayor Kevin M. Kennedy; Michael R. Gareau, Jr., Director of Law; Members of City Council; Marie Gallo, Clerk of Council Date: March 7, 2011 Re: Charter Proceedings for Removal of Civil Service Commissioner The City Council has received a copy of the Mayor's Removal Order regarding the above matter and it is my intention to direct Council proceedings in accordance with the Charter. First, as to scheduling a hearing date before Council, I have asked the Clerk of Council to issue public notification of a Special Council meeting for March 10, 2011, at 8:00 p.m. Second, as to procedure for the hearing before Council, you obviously have a right to be represented by legal counsel and you will be afforded every reasonable opportunity to be heard. To detail your procedural rights, I would refer you to private counsel as well as the administrative standards in Chapter 2506 of the Ohio Revised Code. The Mayor will present his position to Council and you will have every opportunity to contest the grounds for his Removal Order, as well as the additional opportunity to present your position. The hearing may, in some respects, resemble a trial and your hearing rights will include all rights to argue the issues, present evidence, question and present witnesses, etc. You also have a right to appeal from any adverse decision that Council may render pursuant to R.C. 124.40. Third, as to the nature of the hearing before Council, be advised that these proceedings are not legislative in character but rather conducted in an administrative and adjudicatory fashion. The Charter reserves to Council the authority to determine or judge whether sufficient grounds for removal are presented by the Mayor. Thus, the Council will not hear and decide this matter as a function of public policy but rather and strictly upon the evidence presented at the hearing. Council proceedings will be conducted on the record, independent of political debate, and its judgment on removal must be fair and impartial, based upon rta~+•. substantial, reliable, and probative evidence presented at the hearing. ,: