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<br />Michael Ubaldi
<br />Citv of North Olmsted
<br />Public Hearing
<br />March 26, 2011
<br />Page 21 Page 23
<br />i we create eligible lists just for the sake i retirement date.
<br />z of having them, and I would draw to Rule 7, 2 And Mr. O'Malley says, "No, I
<br />3 "Eligible List." The last sentence says, 3 would disagree until the vacancy occurs."
<br />4 "The list shall be considered a public 4 Mr. Ubaldi, "I completely ~,
<br />s record and shall be prepared as soon as s disagree. It's not in the language, not in
<br />s it's practical following the examination." s the state law, not in our regulations."
<br />~ It seems to me if you read that ~ But, in fact, I believe that it
<br />s sentence, "following the examination" is a is. Mr. O'Malley did go on to explain when ~
<br />9 just plain English. It's not French. s a vacancy occurs you operate under strict ~
<br />io Following the examination you would create io guidelines pursuant to state law.
<br />ii an eligible list. So I don't think that it ii Mr. Ubaldi says, or pardon me,
<br />~
<br />iz would be prudent for the city to create an iz Mr. O'Malley, again pointing out the wisdom
<br />13 eligible list for a vacancy that has not 13 of not setting a date, "Mr. Chair, that's
<br />is yet occurred. i4 precisely why I wanted to do it right at
<br />is The other aspect of my thought i5 the beginning and make it very clear that
<br />i6 process and deliberation was the hearing i6 as far as the jurisdiction of the
<br />i~ that was held on the 28th, and there are i~ Commission is concerned, it would be
<br />is several instances here where, quite to the is entirely inappropriate to close the
<br />i9 contrary, Mr. Ubaldi's attorney was arguing i9 decision on the methodology of testing and
<br />" ~
<br />20 that the Civil Service Commission should be zo set the test date until a vacancy occurs.
<br />21 independent, and I agree with that. Atone 21 Mr. Ubaldi, "That makes no sense.
<br />22 point I believe Mr. Carson agreed that it's z2 That the two, that the two are separate
<br />23 right for the Mayor to have an agenda, and 23 from each other, the discussion of the
<br />24 his agenda was clearly to seek the z4 contents of the test should be independent
<br />zs possibility of having outside candidates to 25 of any kind of actual occurrence. We're
<br />Page 22 Page 24
<br />i discuss whether or not there should be a i talking about policy here."
<br />z panel review or even a written examination. z Again, that can't be correct
<br />3 Those were the three primary topics. 3 because once you set the date, you cut off
<br />4 And again I go back to the notion 4 the discussion of the methodology and the
<br />s that Mr. Ubaldi had to know by setting the s manner.
<br />s date he would be cutting off all discussion s So when Mr. Ubaldi said they are
<br />~ of the manner and methodology of the test, ~ too separate from each other, he's
<br />s including whether there was going to be a s incorrect. And he's been on the board for
<br />s written exam, whether or not there will be s eight years, I believe. But I, unlike my
<br />io a panel review, which was discussed. io colleague Mr. Schumann, I do take that into
<br />ii But pointing to, you know, record ii consideration that he's had valuable
<br />12 evidence and his comments, when 12 service. Mr. O'Malley even pointed out
<br />13 Mr. O'Malley first brought out the notion 13 that he was a valuable member and
<br />i4 that when a vacancy occurs, Mr. Ubaldi i4 contributed well to the overall activities
<br />is says, "Possibly, but we know it's going to is of the Civil Service Commission.
<br />i6 happen and the Commission is obligation to i6 At some point in time shortly
<br />i~ respond to vacancies but it isn't i~ thereafter Mr. Ubaldi did open the floor.
<br />is prohibited from creating eligible lists in is He said, "Okay. Well, if there's some
<br />i9 the anticipation of one." i9 eagerness on discussion of the test, I'm ~
<br />20 Again, it would seem to me that 20 opening the floor for it." So he did open
<br />21 creating an eligible list is apposite to 21 the floor to discussion, but he opened it,
<br />zz the Rule 7 and, again, tends to lead one to z2 you know, right then and there. And
<br />z3 believe that it would be a waste of time za Mr. Rittenauer then presented the position
<br />z4 and resources if the chief were to change 24 of the administration.
<br />25 his mind or somehow push back his 2s Mr. Farver talked about paneling
<br />Mehler & Hagestrom (6) Pages 21 - 24
<br />800.822.0650
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