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<br />Michael Ubaldi
<br />City of North Olmsted
<br />Public Hearing
<br />March 26, 2011
<br /> Page 5 Page 7
<br />i one. If there is a second, which I think i What is evidence? Evidence is the
<br />z there will definitely be, we will then call 2 documents, the transcripts, the tapes and
<br />a for discussion should council have any s all of the testimony that you heard the
<br />4 discussion they would like to make on that. 4 other day. Argument by counsel is not
<br />s When that discussion is finished or if s evidence. It's persuasive. It's their
<br />s there is no discussion, then the roll will s interpretation of what the evidence shows,
<br />~ be called for a vote. After that we'll do ~ and you should see that as, not as
<br />s the second motion. a evidence, but as an attempt to get council ~
<br />9 Mr. Law Director? s to agree, this council to agree with that
<br />io MR. GAREAU: Thank you. Just for io counsel on what a particular piece of
<br />ii the record, Mr. President, I know that ii evidence should stand for.
<br />12 Mr. Ubaldi and his counsel are present, as 12 So when you think about it, think j
<br />is are the Mayor and counsel. Thank you for 13 about it in that context. Your decision j
<br />i4 allowing me the opportunity to make a brief i4 relies upon the documents, the transcripts
<br />is comment. is and the testimony that you've received.
<br />i6 You know, your job today is to ie And argument is helpful, but it's not
<br />i~ either concur or not concur with the i~ evidence.
<br />is determination of the decision of the Mayor ie So I did prepare a very small form
<br />i9 to remove a commissioner from the Civil 1s to explain what it is on the misfeasance,
<br />20 Service Commission. By charter it requires 20 malfeasance, and kind of laid that out for
<br />21 five votes to concur for that to stand. If zl counsel as well. It also, on the order
<br />22 there are not five votes, then the motion zz which has the yes or no, it goes both ways
<br />23 fails and Mr. Ubaldi is not removed from 23 just so we can take care of that today and
<br />z4 his position. 24 have it be final.
<br />2s In doing that, the process you've 2s Lastly, I've given you, and you
<br /> Page 6 Page 8
<br />i laid out is the correct one. Once a motion i all have the definition of misfeasance and
<br />z is made and seconded, have discussion, but 2 malfeasance. But for purposes of the
<br />s in discussion you may not ask any further s audience of not having the benefit of
<br />4 questions of anyone in the audience and, 4 having that particular document, and this
<br />5 excuse me, any of the -- by "audience" I s was provided for both, counsel for both
<br />s mean counsel or witnesses or parties, and s Mr. Ubaldi and the Mayor, malfeasance again
<br />~ probably should refrain also from ~ by virtue of a 1947 Supreme Court decision
<br />s discussing, asking questions of me a is defined by the doing of an act which a
<br />s specifically. It may come up if there is a s person ought not do at all, and misfeasance
<br />io procedural component to it, that's fine. io is defined as the improper doing of an act I
<br />ii But on the substantive stuff, that would ii which a person might lawfully do. Those ~,
<br />iz probably be not in the council's best i2 are your two definitions. ~!
<br />is interest to do that. is So if you have any questions for
<br />is So I would invite you when I'm i4 me at this point, that would be fine. If
<br />15 done here if you have any questions for me is not, then it would be appropriate to
<br />i6 before you begin that process, please feel i6 proceed with a motion and a second and have
<br />i~ free to ask them. And if it's something I i~ a debate.
<br />is can guide you on, I will. is MR. MAHONEY: Mr. President, I
<br />i9 For purposes of your deliberation i9 have a question if I might. ~,
<br />zo or discussion one of the things that 20 MR. LIMPERT: Councilman Mahoney. ~~,
<br />21 frequently comes up is, you know, what do 21 MR. MAHONEY: During the prior
<br />2z we have to show. Well, you're supposed to 22 hearing I believe it was Mr. Jamison who
<br />2s find on the record substantial, reliable zs indicated during a portion of his argument
<br />z4 and probative evidence is what you're z4 that the defense presented no evidence and
<br />zs looking for. z5 that Mr. Ubaldi did not testify at all.
<br />Mehler & Hagestrom (2) Pages 5 - 8
<br />800.822.0650
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