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City of North Olmsted City Council Meeting Michael Ubaldi March 22, 2011 Page 9 Page 11 i You know, what you're going to be i I counsel. i 2 making a decision on is, you know, 2 So after that motion, first motion 3 substantial, reliable and probative s is made and a discussion is had, as 4 evidence before you to determine whether or 4 Mr. Limpertindicated, atwo-thirds vote is s not there was an act or acts of misfeasance s required. It's a question of whether you s and/or malfeasance. One of the things that s concur with the Mayor. If you concur, then ~ I think needs to be set forth is a ~ his decision stands. If less than five s definition which, to give you guidance of a votes are rendered on the first question, 9 malfeasance and misfeasance and a place to s then it fails and then you will repeat the io look for that, and I shared this with io process for the second of those two >.>. counsel as well as with city council ii definitions, misfeasance or malfeasance. 12 You see, there is a Supreme Court lz So thank you, Mr. President, for 13 decision from back in the 1940s. That's 13 the opportunity to speak. And again, I'm 14 kind of where it came from. They kind of 14 available for questions from the council i5 nailed down a definition of misfeasance and >.5 for guidance on any of the procedural i6 malfeasance, and then from there it's been i6 issues that might come up. Thank you. i~ cited a few other times. i~ MR. LIMPERT: That being said, is But malfeasance in the case of is Mayor Kennedy, would you like to, you and i9 State ex rel. Neal versus State Civil i9 your attorney, to present your case? ~ 20 Service Commission from 1947, malfeasance zo ! MR. GAREAU: Mr. Limpert? ~ 21 is defined as it's the doing of an act zi MR. LIMPERT: Yes? z2 which a person ought not to do at all, and 22 MR. GAREAU: Proceed with an 2s misfeasance is defined as the improper 2s opening statement. I think it's proper for z4 doing of an act which a person might 24 Mr. Jamison to proceed with his opening 2s lawfully do. And I'll let you construe how z5 statement and then for Mr. Ubaldi to Page 10 Page 12 i you feel those apply to the particular >. proceed. I 2 facts of this case. That's what your job 2 MR. LIMPERT: Oh, excuse me. s is to do. s Okay. ~ 4 As the president indicated, it's 4 MR. GAREAU: And then following 5 your role to, after the presentation of all 5 the opening statements, then the Mayor can 6 evidence and closing statements, to make a s proceed with his first witness. ~ motion. I would suggest that there would ~ MR. LIMPERT: Thank you. s be two motions, that there be a motion with a MR. JAMISON: Thank you, s respect to misfeasance, a motion with s Mr. Gareau. Good evening, ladies and io respect to malfeasance, since those were io gentlemen. As Mr. Gareau indicated, my ii the two issues that were raised in the ii name is Neal Jamison. I'm here tonight on iz Mayor's communication with Mr. Ubaldi. 12 behalf of Mayor Kennedy in regards to the i3 That after a motion and second, that that is proposed removal of Mr. Ubaldi from the is is the time at which, if you wish to debate ;.a Civil Service Commission. >.s the matter publicly, you may do so. is We believe the evidence that i6 It appears that the charter will 1s you're going to hear tonight -- you're i~ allow for executive session on the issue of i~ going to hear from four witnesses from 1s removal of a public official. However, I is Mayor Kennedy's standpoint. You're going i9 would probably caution against that unless ie to hear from the secretary at the Civil 20 Mr. Ubaldi insisted on it. It seems to 20 Service Commission, Donna Eccleston, and z>. imply that it's his right that he can 21 you're also going to hear from Assistant z2 request that it be a public hearing. I 22 Law Director Bryan O'Malley, also Safety 23 think it should probably stay a public 23 Director Chase Ritenauer, and from Mayor 24 hearing, but of course it's between the z4 Kennedy as to what took place January 2s council and the, Mr. Ubaldi and his 2s through the earlier part of March of this - Mehler & Hagestrom (3) Page 9 -Page 12 800.822.0650