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City of North Olmsted !`i4v ('nnnril Manfina Michael Ubaldi March 22, 2011 Page 101 Page 103 i the last few sentences you write, "The assistant i last week I thought I heard you say that z law director's ruling and directive to the z that is a dead issue now, that the 3 Commission, while subject to review by the 3 administration is not seeking to go outside 4 director of law, is binding on the Commission." 4 of the North Olmsted Police Department to 5 A. Would you give me that again, please. I might be 5 hire a new police Chief. s on the wrong -- s THE WITNESS: Mr. Mahoney, that ~ Q. Sure. It's the first full paragraph of the ~ ship has sailed and that is long gone. We s second page, the last sentence. a are not looking. 9 A. Oh, okay. The first full paragraph of the 9 The Civil Service Commission made io last -- could you please read that? io their decision and we'll stick by that. ii Q. Sure. "The assistant law director's ruling and ii MR. MAHONEY: Okay. And so, and I iz directive to the Commission, while subject to a 12 know that this is a leading question, 13 review by the director of law, is binding on the 13 Mr. Carson, but I'm going to go ahead 14 Commission." 14 anyway. 15 Is that what that says? is So in terms of the retirement for i6 A. Yes. i6 Chief Wozniak, the new chief of police will i~ Q. Was there any particular legal authority on which i~ come from the North Olmsted Police a.a you based that conclusion? is Department? >.9 A. Well, 1 would just say as far as binding goes, i9 THE WITNESS: Correct. 20 what I would suggest to you is that the Chief did 20 MR. MAHONEY: And to be fair to 21 not, again, give his final notice for leaving. 21 both sides, you were aware that once the zz And again, as administration, we don't want to 22 Commission sets a date for the test, that z3 test for a chief until the Chief has actually 23 cuts off all discussion about the manner, z4 given his notice. z4 scope and methodology of the test? z5 Q. And just to be -- a hypothetical, an assistant z5 THE WITNESS: Yes. Page 102 Page 104 i law director or a law director's ruling or i MR. MAHONEY: Thank you. Nothing 2 directive to a mayor wouldn't be binding, would 2 further, Mr. President. 3 it? 3 Thank you, Mr. Mayor. 4 A. I'm not a lawyer so I don't know. But I would, 4 MR. LIMPERT: Are there any other s if 1 had a question about that, I would get a s questions from other members of council? s second opinion. s Seeing none -- excuse me. Any further ~ MR. CARSON: Okay. Nothing ~ questions from counsel? a further. s MR. CARSON: No. s MR. LIMPERT: Are there any s MR. JAMISON: No, Mr. President. 1o questions from members of council -- or, io MR. LIMPERT: In that case, thank ii I'm sorry. Would you like to redirect? ii you very much. 12 MR. JAMISON: No, I'm fine. 12 MR. JAMISON: At this point we 13 MR. LIMPERT: Are there any 13 would move to admit the exhibits that were i4 questions from members of council at this i4 introduced, and with that, though, we would 15 time? Councilman Mahoney. is rest. I don't think there's any i6 MR. MAHONEY: Thank you, i6 objection -- i~ Mr. President. i~ MR. CARSON: No objection from me. >.a Mr. Mayor, the allegation has been ara MR. JAMISON: -- based on previous i9 made that you had removed or suspended i9 conversation with Mr. Carson. 20 Commissioner Ubaldi in regards to the issue 20 MR. GAREAU: Mr. President, then 21 of going outside of the North Olmsted zl it would be proper for you to accept the 22 Police Department to consider candidates 22 exhibits. z3 for the chief of police outside of the 23 MR. LIMPERT: I accept those 24 current membership, and that at a 24 exhibits then. 25 committee, pardon me, at a council meeting 2s MR. JAMISON: Thank you. And we Mehler & Hagestrom (26) Page 101- Page 104 800.822.0650 ~~-.. _. ~ ,,...K.,,,1 ,.