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Michael Ubaldi Citv of North Olmsted Public Hearing March 26, 2011 Page 29 Page 31 i this perhaps is the stronger of the two i MR. MAHONEY: Oh, I'm sorry. z theories under which the Mayor had advanced 2 Thank you, Mr. President. 3 the removal of Mr. Ubaldi. 3 MR. LIMPERT: Is there any other 4 And that is because malfeasance -- a comments from members of council? s pardon me, misfeasance is defined as the s MS. WILLIAMSON: Mr. President? s improper doing of an act which a person s MR. LIMPERT: Councilwoman ~ might lawfully do. Even if in his mind ~ Williamson. a Mr. Ubaldi had the notion that he could s MS. WILLIAMSON: Well, I've s lawfully set the date for the examination s reviewed all of the evidence that's been io process, I think it was improper for him to io presented in this case. I don't believe ii do so because, as I indicated, you know, ii that Mr. Ubaldi acted maliciously on behalf ~ i2 time and again, and I don't want to sound 12 of the Commission, nor himself. I respect is like a broken record, he knew full well i3 both parties, both the administration and i4 that it would cut off all debate about the i4 the Commission. Mr. Ubaldi's reputation is manor and methodology of the testing is and the things that I've heard about him ie procedure. There was no rush for this. i6 have been very good. Unfortunately at this i~ His explanation of efficiency 17 point we're here. is frankly is not borne out by the record. is I have a hard time because we are i9 There would be no evidence outside his 1s bringing up Mr. Ubaldi here to this 20 indication during the course of -- well, I zo hearing. The Commission itself voted two 21 take that back. We do have record evidence zl to one to place this test and brought this 22 in the transcript, I apologize. zz whole thing to a passage. I don't believe 2s He does certainly indicate in the 2s that it's him alone and I just, I really 24 transcript of 2-28-11 hearing that he's 24 disagree with the misfeasance portion as ~~ 2s trying to be efficient and he wants to get 2s well. i Pag 3 Page 30 i the ball rolling. But as I indicated, I i So that's just the point that I l z tend to believe that he was improperly 2 wanted to make. The Commission voted two 3 trying to cut off the debate. He had a 3 to one. Yes, we have Mr. Ubaldi sitting 4 reason for doing so, whatever it is, we 4 here and we're, you know, basing all of 5 didn't have a full explanation of it, as my 5 this as if he is the sole, you know, the s colleague Mr. Schumann pointed out. s sole operator in this whole thing. It was ~ But getting back to the definition ~ the Commission's decision. Mr. Ubaldi made a of misfeasance, it's the improper doing of a the motion to place it there, but it was 9 an act which a person might lawfully do. 9 voted two to one. io So even if he lawfully had the ability to io MR. MAHONEY: Mr. President? ii do this and set the date, I find he was 11 MR. LIMPERT: Councilman Mahoney. 12 wholly improper. I tend to believe that 12 MR. MAHONEY: With all due respect 13 that issue was arbitrary, capricious, and I 13 to Ms. Williamson, there is a distinction i4 base that primarily on the notion of what i4 between Mr. Ubaldi and Ms. Zolar. is it says in the transcript that I've is Mr. Ubaldi took the steps through Donna i6 illuminated to before. And these are all i6 Eccleston to a-mail her twice, to phone 17 public record so people have every right to 17 call her, and he took the extra step of is look and see whatever our decision is. is indicating that he would personally post i9 But I believe that the case for i9 the testing date and application, or 20 misfeasance is actually stronger than the 20 whatever it was. He was going to zi one for malfeasance. That's what I would zi physically do something that he had never 22 indicate for the record. Thank you. And 22 done before, that to our record and the 23 so my vote is yes. 23 record evidence no other Commission member 24 MR. PRESIDENT: We're not voting z4 had ever done before. 25 yet. 2s And again, this is further Mehler & Hagestrom (8) Pages 29 - 32 800.822.0650 .. ~, ~M..:.,.~.~.. .