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<br />City of North Olmsted <br />f itv (`m~nril MPeNnu <br />Michael Ubaldi <br />March 22, 2011 <br /> Page 113 Page 115 <br />1 look at the exhibits. And I would like to 1 the motion now -- <br />2 review again Mr. Ubaldi's brief in 2 MR. LIMPERT: Right. <br />3 opposition to removal that I think was 3 MR. GAREAU: -- but let counsel. <br />4 filed today. 4 make their closing statements and you can <br />s MR. GAREAU: Mr. President? s hear what they have to say. And then at <br />s MR. LIMPERT: Yes. Thank you, s that point, perhaps you feel you do or do <br />~ Councilman Mahoney. Mr. Gareau. ~ not need additional time based upon the <br />a MR. GAREAU: Be aware of that a evidence and arguments that you've heard. <br />s suggestion. I did have the occasion to s So let's hold off on that, but at <br />io speak with both counsel for both partie and io this point probably proceed if it's in your <br />ii they would not object if council was to not ii will, Mr. Limpert, to allow Mr. Jamison to <br />12 vote on the matter tonight after the close iz proceed. <br />is of arguments. It's up to council, and this 13 MR. LIMPERT: Please proceed, <br />i4 is going to be completely up to you folks, i4 Mr. Jamison. <br />is if you choose to proceed in that way. is MR. JAMISON: Okay. I just have ~ <br />i6 You could proceed and vote on it i6 one other procedural question. ', <br />i~ next Tuesday and that would give you time i~ Since we have the burden in this <br />is to review the evidence that you've is case, would I go first, Mr. Carson has a <br />ie received. It's up to you. You don't have i9 chance, and then I would have another <br />zo to do that. And the caveat, Mr. President, 20 opportunity? <br />2i is that you're not to go and gather any 2i MR. GAREAU: Correct. <br />22 more evidence or speak to any other parties 22 MR. JAMISON: Thank you. Ladies <br />23 about the testimony or evidence that you've 2s and gentlemen, thank you for your time and <br />24 heard. It's up to you if you wish to do 24 attention tonight. We probably took a <br />zs that. 2s little bit longer than we anticipated, but <br /> Page 114 Page 116 i <br />i After closing arguments it would i obviously this is an important matter to <br />z be my instruction to you then, next Tuesday 2 Mr. Ubaldi and it's an important matter to <br />3 the only thing you're going to be doing is 3 the Mayor and the City of North Olmsted. <br />4 making a vote. There will be no more a As I said in the opening <br />s arguments, there will be no more witnesses, 5 statement, essentially what happened here <br />6 no more statements, testimony, what have s is that at some point late last year or <br />~ you. ~ early this year Chief Wozniak of the police <br />a MR. LIMPERT: Also, would it be a department expressed a desire or an <br />9 appropriate if that were a motion which s intention to retire at some point in 2011. <br />io might be entertained and if it went in the io The testimony was pretty clear from the <br />ii affirmative, that during the public, the ii safety director and the Mayor that they did <br />12 audience, that it will either not be about 12 not get the date certain at that point, <br />is that or we will vote before audience is that it was an expression of an intent by <br />i4 participation? i4 him, that they thought it might be in the <br />is MR. GAREAU: You would not be is spring sometime but they really weren't <br />i6 voting after audience participation at the i6 sure at that point. <br />i~ next council meeting. You would vote i~ The testimony was that based on <br />is during the committee reports and you can is getting that information, that they then <br />i9 schedule it at that point in time. It 1s start to discuss amongst themselves about <br />zo would be inappropriate because -- zo maybe offering suggestions in terms of the <br />2i MR. LIMPERT: That was my belief 21 structure and methodology of the test that ~ <br />22 that -- 2z was going to be used for the new chief so <br />z3 MR. GAREAU: You know, your 23 that maybe certain concepts could be used <br />24 instruction will be not to speak with -- if z4 that might have not been used before. <br />zs you choose to do that. Now I would not do 2s Those were expressed to the Commission on a <br />Mehler & Hagestrom (29) Page 113 -Page 116 <br />800.822.0650 <br /> <br />