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City of North Olmsted City Council Meeting Page 21 i council to understand that that's what z government is about. You have 3 disagreements on policy. And the important 4 policy goal to keep in mind here is that as s we move forward, we have a system of 6 separation of powers meant to, you know, ~ let these authorities bang their heads e together. s I would ask that the council io respect the independence of the Civil ii Service Commission that was created as a 12 safeguard against overreaching executive 13 powers, against political pressures, and 14 retain Mr. Ubaldi. Thank you. 15 MR. JAMISON: We would call Donna i6 Eccleston as our first witness, please. i~ You want her over here, is Mr. Gareau? i9 MR. GAREAU: Yes, please. zo Mr. President? zl MR. LIMPERT: Yes? zz MR. GAREAU: Before each witness 23 would offer testimony, I would recommend to 24 you that the court reporter could swear in z5 the witness. Page 22 i MR. LIMPERT: That would probably z be an excellent idea to do that in that 3 order, so if you would do us the honor. 4 ---- s (Thereupon, the witness was sworn by the Notary.) 6 - - - - 7 DIRECT EXAMINATION OF DONNA ECCLESTON a BY MR. JAMISON: s Q. Your name, please. 1o A. Donna Eccleston. ii O. And, Ms. Eccleston, what's your position with the iz City of North Olmsted? 13 A. I am the HR director's secretary, and also the 14 Civil Service secretary. is MR. LIMPERT: Excuse me -- i6 O. You probably want to speak into it because I i~ think we're making a record and it would help. ie And how long have you held that position? i9 A. For five-and-a-half years. 20 O. Okay. That sounds a lot better. z i Now I'm going to hand you what we will mark z2 as, what we have marked as Exhibit 1. 23 ---- z4 (Thereupon, Plaintiffs Exhibit 1, Civil 25 Service Rules and Regulations, was marked for Michael Ubaldi March 22, 2011 rage ca i purposes of identification.) 2 ---- 3 Q. Ms. Eccleston, handing you what's been marked as 4 Plaintiffs Exhibit 1, do you recognize that 5 document? s A. Yes, I do. ~ O. What is that? s A. It is the rules and regulations of the Civil s Service Commission. io Q. Okay. And those are something that are kept by ii you as the secretary in your ordinary course of iz business, correct? 13 A. Correct. 14 Q. Okay. Now as the secretary for the Civil Service 15 Commission, what are your duties? i6 A. Basically I set up agendas, I take minutes, any i~ other business, you know, in regards to testing is information and finding test --like to get the i9 testing company in coordination with the location 20 and everything, and I organize all that. 21 O. Okay. And part of those duties include posting zz of notices for promotional examinations, correct? z3 A. That's correct. 24 Q. And you've done that the whole five years? 25 A. Yes, I have. Page 24 1 Q. And in your experience, has anyone other than you 2 ever posted those notices for any promotional 3 exam in any department in the city? 4 A. No. 5 Q. Have you ever known any Commission member to post s notices for any promotional exam in the city? ~ A. No. a O. Okay. Calling your attention to the Civil 9 Service Commission meeting on February 28, 2011, 1o do you remember attending that meeting? 11 A. Yes, I do. 12 Q. Okay. And you were there in your capacity as the 13 secretary, correct? 14 A. Correct. is Q. Okay. And as part of your duties, are you i6 responsible as a secretary to keep the minutes of i~ each Civil Service meeting? is A. Yes, I am. i9 Q. Okay. 20 ---- z1 (Thereupon, Plaintiffs Exhibit 2, Transcript z2 of February 28th meeting, was marked for 23 purposes of identification.) 24 ---- 25 O. Handing you, Ms. Eccleston, what we marked as (6) Page 21-Page 24