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City of North Olmsted Citv Council Meeting Michael Ubaldi March 22, 2011 Page 25 i Plaintiffs Exhibit 2, do you recognize that 2 document? 3 A. Yes, I do. 4 Q. And what is that document? 5 A. It is a partial verbatim of the minutes for the s February 28th meeting. ~ Q. Okay. And this is something you prepared after a the meeting on February 28th? s A. Yes, I did. io Q. Okay. And has that been kept by you again in the ii ordinary course of your business as the secretary iz for the Civil Service Commission? 13 A. I normally don't do them verbatim. I do summary, is and I usually keep all of the records. 15 Q. Okay. But again, this document, though, has been i6 kept by you in the ordinary course of your i~ business as the secretary for the Commission, is correct? i9 A. Correct. zo Q. Okay. 21 MR. CARSON: Mr. President and z2 Mr. Jamison, if it would help speed things 23 along, we're happy to stipulate to the z4 authenticity of the transcript. 25 Ml~.. GAREAU: Council can accept Page 26 i that stipulation as to the grounds that it z i:; an authentic document and that's s perfectly acceptable. 4 MR. JAMISON: I think we also, if 5 I may, Mr. Gareau, I think we also had a s further stipulation that I believe council ~ received an audio of that meeting as well. a It was not my intention tonight to play s that because I think it's over an hour io long. I don't think we want to be here ii that late. iz But I think we're just going to i3 stipulate for the purpose of the record and i4 to admit that as a further exhibit in this is case, maybe Joint Exhibit 1, of the i6 audiotape of that meeting. i~ MR. CARSON: Yes, I agree, Your is Honor -- Mr. President. i9 MR. GAREAU: Mr. President, and we zo could probably mark that as a joint 21 exhibit. You can do it now, you can do it 22 at the close of your case. However you 2s want. z4 MR. JAMISON: We'll do it at the 2s close just so we can keep moving. Page 27 i MR. GAREAU: Thank you. z Q. Now during the meeting of February 28th, was the a Civil Service Commission at one point advised by 4 Assistant Law Director Bryan O'Malley that the s Civil Service Commission should not schedule the s promotional exam for the position of police ~ chief? Do you remember that taking place? a A. Yes. s Q. And during this meeting did Mr. Ubaldi make a to motion to proceed with the scheduling of the ii promotional exam for police chief? 12 A. Yes. 13 Q. And did the Commission actually vote on this i4 motion? 15 A. Yes. i6 Q. What was the result of that motion? i~ A. That the motion carried two to one. is Q. Okay. Now directing your attention to a couple i9 days later on Wednesday, March 2nd. At some zo point in the morning of March 2nd did Mr. Ubaldi z1 attempt to contact you via the telephone? z2 A. Yes. 23 Q. And do you know how many times he tried to call 24 you that morning? z5 A. A couple times. Page 28 i Q. Okay. Do you remember what time that was, ~ z approximately? 3 A. 11:15. ~ 4 Q. Okay. At some point thereafter did you also 5 receive an a-mail from Mr. Ubaldi that morning? s A. Yes, I did. I~ ~ Q. Okay. a ---- I s (Thereupon, Plaintiffs Exhibit 3, March 2, io 2011 a-mail to Donna Eccleston, was marked ii for purposes of identification.) iz ---- 13 Q. Handing you what we've marked as Plaintiffs 14 Exhibit 3, do you recognize that document? is A. Yes, I do. i6 Q. What is that? 17 A. It is a document in regards to the posting and a ie letter that goes to the candidates that are i9 interested in taking the test. zo Q. And that is the a-mail with attachments that you zi received from Mr. Ubaldi on the morning of March 2z 2nd, correct? 23 A. Correct. z4 Q. And again, that's been kept by you in the normal j zs course of your records over at the Civil Service Mehler & Hagestrom 800.822.0650 (7) Page 25 -Page 28