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City of North Olmsted Citv Council Meeting Michael Ubaldi March 22, 2011 Page 121 Page 123 1 got to get this posted today. That's when 1 post this notice so that he can get this z she told him I've been instructed to hold z test done. 3 off. The law department is looking this 3 I would point out to you that this 4 over to give me direction on what to do. 4 is consistent with his attitude through ~ 5 I would point out to you as you 5 this whole case. If you remember Exhibit s review this material, if you look at the s 4, which was an a-mail dialogue that ~ rules and regulations of Exhibit 1, ~ Mr. Ubaldi had with Ms. Eccleston back on a Plaintiffs Exhibit 1, of the Civil Service s January 19th where she told him, if you s Commission, in the rules it spells out the ~ s remember, it says in here where she tells io specific duties of the various people io him that essentially that, you know, we ii involved with the Civil Service Commission. ii didn't get formal notice from the Chief 12 If you remember, I had Ms. Eccleston read a lz yet. And his response was I don't care, 13 little part of it or go over a part of it 13 we're going forward. The administration is i4 as to her duties. It says clearly in here i4 not telling me or my Commission what to do. 1s that her duties are, are the posting of any is And so from the beginning you can i6 notices as ordered or directed by the i6 see there was a preconception in his mind i~ Commission. 17 that it was his Commission and he's going is If you review these, there's is to push forward to do this and I don't care ~ i9 nothing in here that says the Commission is I what direction I get from anybody, I'm zo members are empowered to do that. It zo going to do this. And the concern as it z i spells out specifically what they're to do 21 was related by the Mayor was that at the j 2z in here. That they're to attend meetings z2 point then where he is not following advice ~ 23 and they're to make sure that the rules and z3 or the directives as to something 24 regulations as they adopt are followed, but 24 important, and then he then tries to step zs it's not for them to implement or take z5 outside his authority, that, you know, how Page 122 Page 124 i certain actions. 1 can he have any conference with this 2 And I point that out because 2 gentleman if he's doing his job within the s that's the important distinction in this 3 authority that he's given pursuant to your 4 case. It's not only the fact that he 4 charter and also by the rules and s received advice and didn't follow it, it's s regulations of the Commission he serves on. s then his attempt to follow up and do s So I would point out that in this I ~ something about something that he had been ~ case that, you know, there was an s told was questionable, and he's acting s allegation that there was misfeasance and 9 outside the scope of his authority at that 9 malfeasance and, again, I think Mr. Gareau io point by trying to post something he's io related that to you, what that standard is. ii never posted before. 11 I don't know if he gave you that, you know, 12 If you remember, I asked lz so that you can have that, because I have a 13 Ms. Eccleston early on in her testimony, 13 pretty good memory but I can't even i4 "Who does all the posting?" "I do." is remember it as I stand here what the is "Have you ever had anyone else, i5 actual, what it is. i6 any other Commission member post it?" "No. 1s But I would point out to you that j i~ I'm the one who does it." i~ the malfeasance in this case was that he ! ~ is That's because they're following is was trying to do something that he didn't i9 the rules and regulations as it relates to i9 have the authority to do. He didn't have 20 that. And I point that out because that's zo the authority to go post that exam. And 21 the important distinction here. It's just 21 that's where the real concern arose in this z2 not that he didn't listen to the law zz case. That, all right, yeah, he might have 23 department, it's because he then tried on 23 been told to do something and he didn't do z4 his own to go beyond the powers that he had z4 it, but then he's trying to go beyond that 2s as a commissioner to try and implement and zs and post it. And then that's where the Mehler & Hagestrom (31) Page 121 -Page 124 800.822.0650