|
<br />City of North Olmsted
<br />City Council Meeting
<br />Michael Ubaldi
<br />March 22, 2011
<br /> Page 65 Page 67
<br />i MR. CARSON: Mr. President and i Mr. Gareau and Mr. President.
<br />z Mr. Law Director, I would just ask fora 2 If I were to indicate to you,
<br />3 point of order. And with atl due respect 3 Mr. O'Malley, that the date suggested first
<br />4 to the council and councilman, these are 4 by Mr. Ubaldi to set a test was March 19th
<br />s sort of leading questions and questions 5 and March 26th, would that disagree with
<br />s that are really outside of Mr. O'Malley's 6 your memory?
<br />~ ability to testify. 7 THE WITNESS: No.
<br />s You're asking about what other s MR. MAHONEY: And I'll move along,
<br />s people thought, what other people knew, s Mr. Limpert. I won't belabor the point.
<br />io other things that have not been put on the io In terms of Rule 8 of the North
<br />ii record yet. ii Olmsted Civil Service Commission rules, you
<br />1z MR. GAREAU: Mr. President, again, 12 indicated that that mirror state law, which
<br />13 it's your meeting to decide if a particular 13 is Revised Code 124.44, to a large extent,
<br />i4 line of questioning is appropriate or 14 my question is how do they differ?
<br />i5 inappropriate and you may proceed is THE WITNESS: One of the most
<br />i6 accordingly. 1s significant differences is that state law
<br />i7 And again, I would note, however, i~ requires that the examination occur within
<br />is that if, depending on what the -- I mean, is 60 days, and the Commission determined to
<br />i9 perhaps at this point, if it's a request of i9 delete that. The other is that it refers
<br />zo counsel, if you wish to ask the follow-up 20 to the state statute and incorporates it by
<br />zi questions of Mr. O'Malley, I think that 21 reference, doesn't carry over each and
<br />22 would be fair and appropriate based upon 2z every single line. That's the most
<br />z3 his testimony from the questions you've 23 significant distinction.
<br />z4 asked, because there's some pretty detailed 24 MR. MAHONEY: What then is the -- ~
<br />25 questions. And if counsel wishes to ask z5 is there a timeframe? I know it's, the 60
<br /> Page 66 Page 68
<br />i more questions, I would recommend that you i days is in the Ohio Revised Code.
<br />z permit that to take place. I say counsel z Is there a timeframe within the
<br />3 meaning counsel versus council. 3 North Olmsted Civil Service Commission rule
<br />4 If the attorneys in the room 4 for establishing
<br />s wanted to follow up with Mr. O'Malley, I s THE WITNESS: No, there is not.
<br />s think you should authorize that. s MR. MAHONEY: Okay.
<br />~ The first question is, should this ~ THE WITNESS: And it occurred to
<br />s line of questioning continue or, again, as a the Commission on a previous occasion that
<br />s you did before, you may note the objection 9 after the vacancy occurred, that it was
<br />io and proceed. io very difficult to meet the state schedule.
<br />11 MR. LIMPERT: I would like to note 11 And again, the concern is the test could be
<br />iz basically as I said before, and since you iz voided if it wasn't done timely.
<br />13 said it is permissible, then I would grant 13 And t think it's also worth noting
<br />i4 the counselor -- is that a few years back the charter was
<br />15 MR. GAREAU: Should he desire. 15 amended to specifically give the Civil
<br />i6 MR. LIMPERT: -- to ask a few ie Service Commission a great deal of
<br />i~ questions. 17 authority to enact rules that would deviate
<br />is MR. GAREAU: I think it would be is from state law. The home rule authority,
<br />i9 reasonable, appropriate and that it would i9 so to speak, has been delegated to the
<br />zo be fair. 20 Civil Service Commission.
<br />21 MR. LIMPERT: The goal is to be, 21 It's -- home rule authority is
<br />2z to make sure fairness presides. zz ordinarily possessed by the people by
<br />23 MR. CARSON: Thank you, 23 charter and/or by the council by its
<br />z4 Mr. President. 24 enactment that's then turned over to the
<br />2s MR. MAHONEY: Thank you, 25 Civil Service Commission. They could, by
<br />Mehler & Hagestrom (17) Page 65 -Page 68
<br />800.822.0650
<br />_ ,.,
<br />~. a
<br />
|