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<br />City of North Olmsted
<br />Citv Council Meetine
<br />
<br />Michael Ubaldi
<br />March 22, 2011
<br />Page 89
<br />1 MR. LIMPERT: Yes?
<br />2 MR. CARSON: Just an objection. I
<br />3 don't want to stand on formalities and I
<br />4 understand we're proceeding in a, not a
<br />s formal courtroom setting, but I would like
<br />s to make an objection to leading questions
<br />~ just for purposes of the record.
<br />s MR. LIMPERT: Thank you.
<br />9 Q. All right. Now the next day, March 2nd, at some
<br />to point then, and this is now Wednesday, this is
<br />11 two days after the February 28th meeting, did you
<br />lz became aware that Mr. Ubaldi was going to
<br />13 personally post the notice for the taking of
<br />14 promotional examination for the position of
<br />is police chief?
<br />16 A. Yes. The law director came down to my office and
<br />17 had said that, that Mr. Ubaldi was -- well, first
<br />is of all, had given orders for Donna, Donna
<br />19 Eccleston to post that. She denied that and he
<br />20 said that he was going to post that himself.
<br />zl Realizing that he did not have the authority
<br />z2 to do that, I weighed my options and at that
<br />23 point in time I removed him from his Commission
<br />z4 position.
<br />2 s O. Okay. So that --
<br />Page 90
<br />1 A. And the reason I removed him is so that the test
<br />2 would not get posted. And so 1 e-mailed him and
<br />3 sent him a correspondence.
<br />4 Q. Okay. And so I was going to ask:
<br />s Was your response upon hearing that, and your
<br />s response, if I understood correctly, was that you
<br />~ were, you decided to remove Mr. Ubaldi from the
<br />s Civil Service Commission?
<br />s A. Correct.
<br />l o - - - -
<br />11 (Thereupon, Plaintiffs Exhibit 5, Memo to
<br />12 Mr. Ubaldi from Mayor Kennedy, was marked for
<br />13 purposes of identification.)
<br />14 - - - -
<br />ls Q. Mayor, handing you what's been marked as
<br />is Plaintiffs Exhibit 5, do you recognize that
<br />17 document?
<br />la A. Yes. That's the document.
<br />is Q. Okay. And what is it?
<br />zo A. It's the charter proceedings for the removal of a
<br />zl Civil Service commissioner.
<br />22 O. This is the memo you gave Mr. Ubaldi, correct, on
<br />23 March 2nd to basically remove him --
<br />24 A. Correct.
<br />Its Q. -- from the Civil Service Commission?
<br />Page 91
<br />1 A. Correct.
<br />z Q. Okay. And you directed that be sent on to
<br />3 Mr. Ubaldi, correct?
<br />4 A. Correct, yes.
<br />5 Q. Okay. And is it your understanding that that was
<br />6 received by him at some point thereafter?
<br />~ A. I know we did send an a-mail copy with an
<br />a attachment on there with a note that he received
<br />s it. 1 don't know that we ever got anything back.
<br />to I know we sent it.
<br />11 We also brought it, because we heard he was
<br />1z going to post it at the police station, we also
<br />13 brought it to the police station. So I think
<br />14 word got out pretty quick.
<br />is Q. Okay.
<br />16 - - - -
<br />17 (Thereupon, Plaintiffs Exhibit 6, law
<br />le director's opinion dated March 4th, was
<br />is marked for purposes of identification.)
<br />20 ----
<br />zl Q. Mayor, handing you what's been marked as
<br />zz Plaintiffs Exhibit 6, do you recognize that
<br />2s document?
<br />z4 A. I do.
<br />zs O. Can you tell us what that is?
<br />Page 92
<br />1 A. It's the law director's opinion.
<br />z O. Okay. And is there a date on that opinion?
<br />3 A. March 4th.
<br />4 Q. Okay. And is that an opinion that was directed
<br />s to you as well as the president and members of
<br />s council?
<br />7 A. I don't, my name doesn't seem to be on here, but
<br />a I did receive it.
<br />s Q. If you look at the top where it says "To," it
<br />to says, "To Mayor, President" --
<br />11 A. Oh, got you. Yes.
<br />12 Q. And was this an opinion that you received from
<br />13 your law director relative to the issues
<br />14 surrounding the February 28th meeting, and
<br />15 issues, legal issues surrounding everything?
<br />16 A. Yes.
<br />17 Q. Okay. What was your understanding upon receiving
<br />la this memo as to the actions that Mr. Ubaldi took
<br />is on February 28th and afterwards in terms of, in
<br />20 light of this opinion from Mr. Gareau?
<br />zl A. Well, 1 felt that, you know, he was displaying
<br />22 malfeasance or misfeasance and that he needed to
<br />2s be removed.
<br />24 Q. Okay. Now subsequent to all of this, Mr. Ubaldi
<br />zs requested from you written opinion, not an
<br />Mehler & Hagestrom (23) Page 89 -Page 92
<br />800.822.0650
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