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<br />City of North Olmsted <br />C''ity Cmmcil Meeting <br /> <br />Michael Ubaldi <br />March 22, 2011 <br />Page 49 <br />i city official? <br />z A. Not that I can recall offhand. <br />s MR. CARSON: Nothing further. <br />4 MR. LIMPERT: Thank you very much. <br />5 Would you care to redirect? <br />s MR. JAMISON: Please. A couple <br />~ questions. <br />a ---- <br />9 REDIRECT EXAMINATION OF BRYAN O'MALLEY <br />io BY MR. JAMISON: <br />ii Q. As the president was prescient to know that I was <br />12 going to ask you about that first question <br />13 about -- you were asked about you went out of <br />14 your way to give advice. Can you explain why you <br />i5 felt it was important to give advice and counsel <br />i6 to the Civil Service Commission on the evening of <br />i~ February 28th, not just once, but seven times? <br />1a A. 1 was curious how the matter of the promotional <br />19 exam was placed on the agenda to begin with, and <br />20 that was revealed to me here just recently. I <br />zi asked Donna how did this get started to begin <br />22 with? And as she testified here a few minutes <br />23 ago, Mr. Ubaldi responding to news reports <br />24 decided to place it on the agenda. <br />2s And I advised that night, and on the previous <br />Page 50 <br />i Commission meeting, that it's entirely <br />2 appropriate for the Commission to plan for, to <br />3 anticipate, to examine its rules of procedure for <br />4 a promotional exam. But it occurred to me that <br />5 we were putting the cart before the horse. <br />s The rule very specifically required the <br />~ executive through the appointing authority to <br />s notify the Commission of a vacancy. This is <br />9 essential to the process. Once that directive is <br />io made, once the test is scheduled, there is a <br />ii series of mandatory procedures. The rules <br />12 provide for a series of shall do this, shall do <br />13 this and shall do this, and ultimately the <br />14 appointment is made to the highest score. Sa the <br />is appointing authority's role in determining <br />i6 whether or not a vacancy exists is an important <br />i~ role. <br />is Under our charter, the Civil Service <br />i9 Commission has broad, very wide authority to <br />20 determine unique rules. They're not obliged to <br />21 follow state law and in many instances deviate <br />22 from state law. So it's within their authority <br />z3 to determine how the promotional testing would <br />z4 occur. And again, very appropriate in that they <br />25 review the rules for the promotional examination <br />Page 51 <br />1 before the promotional examination is scheduled. <br />2 You can't really change or address the rules of <br />3 procedure after the test has been scheduled. <br />a So it occurred to me that they were <br />5 proceeding prior to the occurrence of a vacancy. <br />6 There had been no formal retirement. There was <br />~ no vacancy in the office to be filled. <br />s Q. Mr. O'Malley, I guess the point I'm trying to <br />s make is that you have been advising different <br />io administrative agencies for a number of years <br />ii with the City of North Olmsted, correct? <br />12 A. Yes. <br />13 Q. And don't you feel it's part of your duty, if not <br />i4 your obligation, that if you feel that they are <br />i5 procedurally heading in a direction that would be <br />i6 not advantageous to that commissioner or the <br />i~ city, that it's your duty or obligation to advise <br />is them of that and direct them appropriately? <br />i9 A. Yes, especially in an area of civil service and <br />20 promotional exams, because there is a great deal <br />21 of litigation in this area. It's all from a <br />22 matter of, it's very contentious and challenges <br />23 are often raised about procedural issues. And in <br />24 many cases test results are voided and you have <br />2s to start the process over. <br />Page 52 <br />i Q. And in fact, on the evening of February 28th <br />2 that's what you were doing? You were trying to <br />3 point out to the Civil Service Commission that <br />4 you had very serious concerns as to the direction <br />s they were taking of scheduling a promotional exam <br />s at that time, correct? <br />~ A. Yes. <br />s Q. Thank you. <br />s MR. JAMISON: Nothing further, <br />io Mr. President. <br />ii ---- <br />i2 RECROSS-EXAMINATION OF BRYAN O'MALLEY <br />is BY MR. CARSON: <br />14 Q. Mr. O'Malley, you would agree with me that the <br />1s Commission has the authority to set its own <br />i6 agenda, correct? <br />i~ A. Yes. <br />is Q. And you're not aware of any direct prohibition on <br />i9 the Commission as far as scheduling a test <br />zo without receiving what we'll call official notice <br />21 from the appointing authority, are you? <br />22 A. I would say that it's contrary to the rules and <br />2s contrary to state law. <br />24 Q. Which rule? <br />z5 A. I believe it's Rule 8. <br />Mehler & Hagestrom (13) Page 49 -Page 52 <br />800.822.0650 <br />