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City of North Olmsted !'i4., !'nnnnil Maafina ~._, Michael Ubaldi March 22, 2011 _'_r _' Page 93 Page 95 i opinion, but something in writing expressing why i i~ MR. LIMPERT: Duly noted. i z you're removing him, correct? z A. Yes, absolutely. ~ 3 A. Correct. 3 Q. And what specific actions concerned you after the 4 O. And you issued a memo on March 7th, is that 4 February 28th meeting that led to your deciding s correct? s to remove him? s A. Yes. s A. Well, I think, I think his, him making the effort ~ Q. Okay. ~ to post that was a real problem forme. I wanted $ _ _ _ _ s to stop that posting because, again, we didn't s (Thereupon, Plaintiffs Exhibit 7, Charter 9 get the Chief a resignation yet. And what if he io proceedings for Removal of a Civil Service io went to, you know, a retirement hearing and ii Commissioner, was marked for purposes of ii figured out he wanted to stick around for three, 1z identification.) 12 six more months. We would have been in a bad 13 - - - - 13 position. i4 Q. Mayor, handing you what's been marked as i4 Also, the fact that he doesn't have authority i5 Plaintiffs Exhibit 7, do you recognize that is to post it poses some legal concerns from my I~ i6 document? i6 understanding if, let's say he posts it and four i~ A. Yes. i~ people take the test and the other people lose is Q. Okay. And can you please tell council what that is and they say well, you know what, it wasn't i9 is. i9 posted right and we're going to sue you. So I ~ 20 A. It's the Charter Proceedings for Removal of a zo was concerned. zl Civil Service Commissioner. 21 Q. Okay. And wasn't it also your understanding at z2 Q. Okay. And in this you set specific reasons out zz that point on March 2nd that this was something 23 to Mr. Ubaldi in this correspondence as to why 23 that was under review by the law director and it 24 you had him removed, correct? z4 was still being looked at at that point, and for 25 A. Correct. zs Mr. Ubaldi to go forward without having the ~ Page 94 Page 96 i O. And you actually have a couple reasons in here, 1 formal legal opinion from Mr. Gareau, was that a 2 correct? 2 troubling aspect as well? 3 A. Right. 3 A. Very troubling. 4 Q. All right. Can you explain to council what 4 Q. Okay. And in your mind, when you decided to 5 those, what that reasoning or what those reasons s remove Mr. Ubaldi, did you feel that it rose to s were. s the level that he should be removed from the ~ A. Well, the first reason was, was not accepting ~ position on the Civil Service Commission? a legal directives from counsel, and the other was a A. Yes. s actually planning on posting the test, something s MR. JAMISON: Nothing further. io that he is not authorized to do. io MR. LIMPERT: Thank you very much. 11 Q. When you made the decision back on March 2nd to 11 Would you like to cross-examine? iz remove Mr. Ubaldi from the Civil Service iz MR. CARSON: Thank you. 13 Commission, it wasn't just based on the fact that 13 - - - - 14 he didn't follow the directives of the law 14 CROSS-EXAMINATION OF MAYOR KEVIN KENNEDY 15 department, is that a fair statement? is BY MR. CARSON: i6 A. That's a fair statement. ie Q. Mayor Kennedy, you testified earlier you wanted i~ Q. Is it also fair to say that it was also based on 17 to change that process for how the police chief is the actions he took after the February 28th is is chosen, correct? i9 meeting? 1s A. I wanted to look at it, sure. zo A. Absolutely. zo Q. What changes did you want to make? z1 MR. CARSON: Mr. President, I'm 21 A. Well, what we were looking at to run by the 2z going to put an objection as to the leading 22 Commission is exactly what we ran by the 23 nature. Again, I appreciate that we're z3 Commission. That was two things: z4 trying to move quickly, but I have to 24 To take a look at potentially testing for zs object to counsel testifying. z5 chiefs from the outside, and potentially looking Mehler & Hagestrom (24) Page 93 -Page 96 800.822.0650