04/05/2011 Meeting Minutes - Laserfiche WebLink

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City of North Olmsted (:itv ('nuncil Meetine Michael Ubaldi March 22, 2011 _ ~ ~ Page 17 Page 19 I i on March 2nd actually submitted formally i other officers. We're going to walk ', 2 his resignation to the City of North 2 through the authority of the charter, the 3 Olmsted. The evidence will also be that on 3 revised code, judicially made case law. It 4 March 10th, the safety director then 4 says law director, assistant law director 5 submitted a letter to the Civil Service s is an advisor. They give advice. It's up 6 Comission informing them of that vacancy s to the official whether they choose to take ~ which is then the triggering point to then 7 that advice or not. But choosing not to a start the process to schedule the test. a take that advice, it might be wise, it s One other key piece of information s might be unwise, but it's not misfeasance io is that on March 4th the law director io or malfeasance. In fact, when the officer ii issued an opinion in this case, and you'll ii has some statutory duty, he would abdicate 12 get a copy of that opinion, setting forth 12 that duty if he listened to the advice that is his opinion as to the process that should is was proposed in this case. ~ i4 have taken place and wasn't followed. And i4 Secondly, Committee, the question 15 I think once you have all this information 15 is: Does the Civil Service Commission have i6 in front of you, after we present the i6 the authority to schedule a promotional ~i i~ evidence and you see the documents and you i~ examination without getting official notice ~ is have a chance to review this, we believe is from the appointing authority? i9 that for misfeasance and malfeasance, and i9 Again, if you look to the legal ~ 20 as Mr. Gareau indicated what those 20 authorities that govern here, the charter, 2i standards are, that the removal of 21 the Ohio Revised Code, judicially made case 22 Mr. Ubaldi should be confirmed and he 22 law, it's going to be clear the Commission 23 should be removed from the Civil Service 2s has plenary authority. The Commission's 24 Commission. Thank you for your time. 24 powers to govern civil service procedures zs MR. CARSON: Good evening, 2s are unlimited except where they're Page 18 Page 20 i Mr. President and members of council. My i prohibited by law, and there's no 2 name is Jay Carson and I'm here 2 prohibition here. In fact, it makes s representing Commissioner Michael Ubaldi. s absolute perfect sense that the Commission 4 I'm going to make Mr. Jamison's 4 has the power to schedule an exam where s job a little bit easier and say I agree s there is no vacancy. It doesn't make sense I s with just about everything he just said. s otherwise. ~ In fact, there's really no factual dispute ~ Lastly, I'm going to ask you to ~ a here. Mr. Ubaldi is not going to contest s evaluate Mr. Ubaldi's removal in context. s all of the evidence that Mr. Jamison just s You're going to hear testimony and we're 1o spoke about. io not going to dispute that testimony. If ii Misfeasance and malfeasance are ii the Mayor is interested in making changes 12 serious charges and there ought to be a 12 to the way the police chief is hired, 13 corresponding serious legal foundation for 13 that's his right, that's fine. And we're i4 such charges, and that's what we're going is not here to speak to the wisdom or lack is to contest. There's no such foundation i5 thereof on that topic. i6 here. i6 But the lack of a solid legal i~ Mr. Ubaldi wanted to schedule a i~ foundation, the lack of being able to point is test when counsel advised against it. is to any statute, any case, any provision in i9 That's not misfeasance or malfeasance, i9 the charter under which Mr. Ubaldi acted 20 that's disagreeing with counsel. To remove 20 inappropriately, coupled with the Mayor's 2i Mr. Ubaldi, this council has to find two 21 policy goals, gives the impression that 22 things: 22 this termination, this removal, is not ' 23 One, that the law director or 23 s about misfeasance or malfeasance, it 24 assistant law director has the authority to 24 about a disagreement on policy. zs issue binding orders and directives to 2s And I would respectfully ask the (5) Page 17 -Page 20