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City of North Olmsted City Council Meeting Michael Ubaldi March 22, 2011 Page 57 Page 59 1 schedule the test numerous times, did that 1 the confines of our hearing here and the z perception of not doing that because of a 2 Ohio Revised Code and the North Olmsted i a date not given, a retirement date not s t rules and regulations of the Civil Service 4 given, does that come from the city 4 Commission? 5 charter, the Commission rules or the Ohio s THE WITNESS: The triggering event s state code? Where does that come from to s is the notice from the appointing ~ base your opinion on? 7 authority. That, combined with the a THE WITNESS: The state law uses a occurrence of a vacancy. s the phrase "when the vacancy occurs," and s Now occurrence of a vacancy could io the state law is adopted by the local io be that the man has actually left. His ii rules. And the directive is not, it's not 11 last day has come and gone. Certainly an 12 you must follow the advice of your counsel lz official letter of resignation or 13 heedlessly, it's a directive about the 13 retirement prior to the last day could, in is jurisdiction and the authority of the Civil is the view of the safety director, be deemed i5 Service Commission to proceed. is sufficient notice of a vacancy. It's a i6 MR. BARKER: Thank you. i6 prompt to the appointing authority to send i~ MR. LIMPERT: Mr. Kearney. i7 notice to the Civil Service Commission to is MR. KEARNEY: Mr. O'Malley, during is get the process started before the actual i9 your time as an assistant prosecutor, has i9 last day. zo there ever been another time you gave 20 MR. MAHONEY: And was there notice 2i advice for a Commission where they didn't 21 from the appointing authority to Mr. Ubaldi zz accept it? 22 of a vacancy prior to the March 28, 2011 2s THE WITNESS: Yes. zs meeting? !. z4 MR. KEARNEY: And was this 24 THE WITNESS: No, there was not. zs procedure taking place then? Was it 2s MR. MAHONEY: Oh, did I say March? Page 58 Page 60 i damaging? i MR. BARKER: It's February. z THE WITNESS: No, because I don't z THE WITNESS: The February 28th s know that it is comparable. More often s meeting. 4 than not the advice is take it or leave it 4 MR. MAHONEY: The meeting of 5 and it's not on a critical point of s February 28th. I apologize for confusing s authority or jurisdiction. And I can't s you, Mr. O'Malley, and myself. 7 recall if there has ever been a comparable 7 THE WITNESS: That wasn't hard to a situation where removal did not follow. s do. s But, I mean, we had the 9 MR. MAHONEY: Okay. io unfortunate circumstances of a former mayor io THE WITNESS: For you or me? 11 suing the city over a public records 11 I MR. MAHONEY: I meant me. i 12 dispute with the law director. So there's 12 MR. LIMPERT: Well, let's not is examples of it occurring, but I can't is digress. Yes, Councilman -- i4 recall any removal during my tenure. i4 MR. MAHONEY: Oh, I'm not complete is I know that other Civil Service is yet, Mr. Limpert. I'll let you know when i6 commissioners have been removed for cause i6 I'm finished. i7 in the history of the city. i~ MR. LIMPERT: Very good. is MR. KEARNEY: Thank you. is MR. MAHONEY: Thank you. i9 MR. LIMPERT: Are there any other i9 Mr. O'Malley, you had talked about zo questions from other members of council? 20 procedural advice and substantive advice, 2i Mr. Mahoney. 2i would you say that the advice that you were 22 MR. MAHONEY: Thank you, 22 giving to Mr. Ubaldi at the February 28th z3 Mr. President. z3 meeting was substantive in terms of 24 MR. O'Malley, what would you say z4 jurisdiction and authority to set a date zs is a triggering event for a vacancy within 25 for the examination? Mehler & Hagestrom (15) Page 57 -Page 60 800.822.0650