|
<br />Michael Ubaldi
<br />City of North Olmsted
<br />~~
<br />Public Hearing
<br />March 26, 2011
<br /> Page 9 Page 11 1
<br />1 Mr. Law Director, I believe I know the 1 different ways depending on the form of the
<br />2 answer to this question, but I think it z proceeding, but there certainly are
<br />3 should be indicated publicly. Since this 3 remedies that his counsel would advise him
<br />a is a civil hearing, the Fifth Amendment a on.
<br />s protection against self-incrimination is s MR. SCHUMANN: Thank you.
<br />s wholly inapplicable? s MR. LIMPERT: If there are no
<br />~ MR. GAREAU: It is inapplicable. ~ other questions, I will ask council for a
<br />s MR. MAHONEY: Yes. a motion on the issue of malfeasance.
<br />s MR. GAREAU: Correct. It doesn't s MR. GAREAU: And, Mr. President,
<br />1o have an application here. It's not io the motion would be to concur with the
<br />iar evidence, but it's a fact in observation 11 determination of the Mayor on malfeasance.
<br />12 and you can give it what you want. But, 12 MR. LIMPERT: Very good. And if I
<br />is yes, there's no -- a,s may, for the fact that Mr. Schumann,
<br />is MR. MAHONEY: And I want to is because you're newer with us, if you were ,
<br />is indicate to my colleagues and the general is to make a motion to concur, that doesn't ~
<br />>.6 public, and certainly Mr. Ubaldi, I don't, a.6 mean that you have to vote yes. You can
<br />a,~ during the course of our discussion i~ make the motion to concur and vote no, you
<br />1a deliberations, I'm not placing a lot of is can make the motion, I concur, vote yes.
<br />1s credence on that. He can choose to present is MR. GAREAU: Right. And for the
<br />20 evidence or not to present evidence, but in zo audience --
<br />za. a criminal realm you would have a 21 MR. LIMPERT: I am correct on
<br />zz constitutional right to not testify against zz that, correct?
<br />z3 yourself. I think we all understand that. zs MR. GAREAU: Yes, Mr. President.
<br />z4 But here in a civil hearing, that is one 2a And for the benefit of the audience,
<br />zs factor that could be utilized. 2s motions are always placed in the
<br />i
<br /> Page 10 Page 12
<br />i Is that correct, Mr. Gareau? i affirmative. So you don't make a motion to ~
<br />z MR. GAREAU: It is. z not concur. You make a motion to concur,
<br />3 MR. MAHONEY: Thank you. Thank sand if you don't, you vote no. That's the
<br />a you, Mr. President. away, the proper procedural way for the
<br />s MR. LIMPERT: Are there any other 5 benefit of the people that are here that
<br />s questions from members of council? s may not be familiar with the legislative
<br />~ MR. SCHUMANN: Mr. President? ~ process. In this, you know, that's how we
<br />a MR. LIMPERT: Yes, Mr. Schumann. a traditionally do it in city council.
<br />s MR. SCHUMANN: I have a question s Go ahead, Mr. President. I'm
<br />io for Mr. Gareau. I know this doesn't have io sorry.
<br />ii any bearing, but I'm curious as to 11 MR. LIMPERT: Do I hear a motion?
<br />12 Mr. Ubaldi's appeal process after this if lz MR. BARKER: Mr. President?
<br />is he is removed. is MR. LIMPERT: Councilman Barker.
<br />is MR. GAREAU: He does have is MR. BARKER: I will move to concur
<br />is available remedies. Without getting into is with the Mayor's removal of Michael Ubaldi I
<br />i6 too much detail, if he was to be removed, i6 from the Civil Service Commission for
<br />i~ he does have appeal remedies that are 17 malfeasance.
<br />a.a available to him. This is not the final -- >.s MR. KEARNEY: Second.
<br />>.9 if the council does do that, this is not a.9 MR. LIMPERT: Motion to concur by
<br />zo the final stop unless he choses to make it zo Councilman Barker, seconded by Councilman
<br />zi the final. 21 Kearney.
<br />zz Without getting into too much 22 May I have a roll call?
<br />23 detail as to all the remedies, because we 23 MR. GAREAU: Mr. President, I
<br />2a could be here for a while on those, 2a would -- at this point, discussion would be
<br />25 different lawyers have handled it in z5 appropriate.
<br />Mehler & Hagestrom (3) Pages 9 -12
<br />800.822.0650
<br />
|