|
<br />City of North Olmsted
<br />City Council Meeting
<br />Michael Ubaldi
<br />March 22, 2011
<br /> Page 117 Page 119
<br />i couple of occasions in February, at the i vacancy that was going to occur in the
<br />2 first two meetings in February for the z position of police chief in the City of
<br />3 Civil Service Commission. 3 North Olmsted.
<br />4 As the Mayor related, the Civil 4 And you're also going to get a
<br />s Service Commission chose not to adopt those s chance to look at the legal opinion issued
<br />s recommendations or suggestions and, as you s by your law director, Mr. Gareau, on March
<br />~ heard him testify, he was okay with that. ~ 4th which basically supported the position
<br />a I mean, at the end of the day as it relates a of Mr. O'Malley on March 28th where he
<br />s in your charter and in the, in the Ohio s basically said that the Civil Service
<br />io Revised Code, the Commission has the io Commission on February 28th by setting that
<br />~
<br />ii ability to, you know, set their rules and ii ~
<br />date was, did not have the power or
<br />~
<br />iz regulations specifically as it relates to 12 ~,
<br />authority to enter in or take that action
<br />is those kind of issues. i3 at that time. And that it's a detailed
<br />i4 The issue that arose in this case i4 opinion, you know, the chance to review
<br />is happened at the February 28th meeting where is that. And the reason I say that, that's
<br />i6 the Civil Service Commission on the agenda i6 the first thing that happens here is that ~
<br />i~ had, it had a discussion about setting a i~ there is advice given that certain actions
<br />is date for taking the test. And as some of is shouldn't be taken.
<br />i9 you, I believe Mr. Mahoney questioned, the i9 And Mr. O'Malley was
<br />zo importance of that is at that point zo cross-examined extensively about, you know,
<br />zi everything stops and you can't have any 21 whether this was advice or it's directory.
<br />2z more discussion about the methodology or 22 I would point out to you when the Mayor
<br />23 structure or anything like that. But on zs testified and he said he learned about that
<br />24 top of that, it then triggers, as you z4 advice being given and not followed on the
<br />~
<br />25 heard, a lot of other things that fall into zs ,
<br />next day of the staff meeting on the
<br /> Page 118 Page120~
<br />i place after that. So that's a very i morning, on Tuesday morning, March 1st, and ~
<br />2 important matter that the Civil Service 2 at that point there was no action taken by
<br />s Commission does at the point that they set s him to remove anybody on the Civil Service ;
<br />4 those test dates. 4 Commission just because they didn't follow
<br />s You heard from Mr. O'Malley and 5 the advice of the legal department.
<br />s from Donna Eccleston who was there that s What really triggered it in this
<br />~ night that at some point the Commission was ~ case is what Mr. Ubaldi did the next day.
<br />a advised by Mr. O'Malley, and he's been a He prepared it, and it wasn't unusual for
<br />9 serving in that capacity I think he said s him to prepare the template or the notice
<br />io for over nine years, advises the Civil io to go out to post for the test. And
<br />ii Service Commission that they shouldn't go 11 obviously, and Mr. Mahoney picked up on
<br />12 forward and set that date because, in his lz this, the reason he wanted it done that day
<br />is opinion, that procedurally and is was because he knew the clock was running
<br />i4 substantively they didn't have any i4 for that 30 days, because he wanted to get
<br />is authority to set that date because they had is it done on April 2nd. Remember they had
<br />i6 not received notice of a vacancy. i6 the discussion about the 30 days, that it
<br />i~ And I would point out to you as i~ has to be posted for 30 days before you can
<br />is you go through this evidence whether it be is give the test. Mr. Ubaldi knew that.
<br />i9 tonight or, you know, in the near future, i9 So in order for him to be able to
<br />20 that the actual notice that was received by zo have that test done on April 2nd, he knew I
<br />21 the Civil Service Commission was zl got to get it done on March 2nd. That's
<br />z2 Plaintiffs Exhibit 9. That was the letter zz why he called Donna Eccleston two times.
<br />23 or memo from Mr. Ritenauer on March 10th to z3 That's why he sent her the a-mail, and
<br />24 the Civil Service Commission, okay? That's z4 that's why he followed up at 11:35 and said
<br />zs when they received notice that there was a 25 hey, did you get my a-mail, you know, we
<br />Mehler & Hagestrom (30) Page 117 -Page 120
<br />800.822.0650
<br />
|