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City of North Olmsted ('itv Council Meeting Michael Uhaldi March 22, 2011 Page 33 1 for police chief? 2 A. Yes, he did. 3 Q. Okay. At some point in this a-mail did you a inform Mr. Ubaldi that the Civil Service 5 Commission had not yet received any communication s from the safety director regarding Chief Wozniak? ~ A. Yes. a Q. Okay. And some point did he give you a response 9 to that comment? to A. Yes, he did. 11 Q. Okay. Why don't you read to us what he said. 12 A. "1 was told weeks ago about Wozniak's imminent 13 retirement announcement or the possibility, and 14 the article quotes Wozniak, the Mayor and Chase 15 Ritenauer. is "Moreover, Civil Service Commission does not 17 need permission from administration to discuss la matters. Please add this item to the agenda." is MR. JAMISON: Okay. Nothing zo further, Mr. President. 21 MR. LIMPERT: Thank you. Would 2z you care to -- z3 MR. CARSON: Yes. Just briefly, z4 Mr. President. 25 ---- Page 34 1 CROSS-EXAMINATION OF DONNA ECCLESTON 2 BY MR. CARSON: 3 Q. Hi, Ms. Eccleston. 4 A. Hello. 5 O. You're not aware of any rule prohibiting someone s other than yourself from posting an examination ~ notice, are you? s A. No. s Q. Mr. Ubaldi didn't actually post the notice, did to he? 11 A. Not to my knowledge. lz O. And turning to Exhibit 3 that you just took a 13 look at, are you aware of any rule or regulation 14 that prohibits the Civil Service Commission from 15 putting an item on the agenda without is authorization or a request from the 17 administration? la A. No. is MR. CARSON: Thank you. That's zo all. zl MR. JAMISON: If I could just ask 22 a couple brief questions based on those '23 questions, please? z4 MR. LIMPERT: Yes. z5 MR. JAMISON: Okay. Thank you. Page 35 1 - - 2 REDIRECT EXAMINATION OF DONNA ECCLESTON 3 BY MR. JAMISON: 4 Q. Ms. Eccleston, I believe it's Plaintiffs Exhibit 5 1, if you could pick that up, please. That's the s Civil Service rules and regulations. ~ A. Yes. a Q. If you could turn to -- it's lower case Roman s numeral number six. Let me know when you get to there. 11 A. Okay. lz Q. tt should say there "Section 3" in the middle of 13 the page. Do you see where it says "Section 3, 14 Secretary"? 15 A. Yes. is Q. And can you read subsection C. 17 A. "The secretary shall prepare and deliver, or le cause to be delivered, notices and other is communications ordered by the Commission." 20 Q. And if you back up a page, this is really zl outlining the duties of not only the Commission zz members, but what you're empowered to do under z3 the rules and regulations of the Civil Service 24 Commission, correct? 25 A. Correct. Page 36 1 Q. So based on Section 3, is it your understanding z that you are the person responsible for preparing 3 and delivering notices ordered by the Commission? 4 A. Yes. 5 MR. JAMISON: Okay. Nothing s further, Mr. President. ~ MR. CARSON: Mr. President and s Mr. Law Director, would you allow me to s briefly recross? to MR. GAREAU: Mr. President, that's 11 your call. 1z MR. LIMPERT: I will grant that. 13 - - - - 14 RECROSS-EXAMINATION OF DONNA ECCLESTON 15 BY MR. CARSON: 15 Q. Ms. Eccleston, looking at page Roman numeral six, 17 C, it says, "The secretary shall prepare and la deliver, or cause to be delivered, notices and is other communications ordered by Commission," z o correct? z 1 A. Correct. 22 Q. Mr. Ubaldi in fact ordered you to deliver and 23 post the notice, correct? 24 A. Yes. 25 Q. And you did not post the notice, correct? Mehler & Hagestrom 800.822.0650 (9) Page 33 -Page 36 tl~-lH4fMiinwM'te:x~wN~.yis1AWE1'hMRA3i'&~'.S~'y.§...:.:._: _.•4~.. .