|
<br />City of North Olmsted
<br />City Council Meeting
<br />
<br />Michael Ubaldi
<br />March 22, 2011
<br /> Page 125 Page 127
<br />i Mayor stepped in and said time out, you i Mr. President. I would rarely ever
<br />z know, we can't allow this to happen and 2 interrupt, Mr. Carson, but could you give
<br />3 that's why I need him removed because he's 3 me the exhibit number that you're referring
<br />4 putting the city in a position that, you 4 to?
<br />s know, this whole process could be called 5 MR. CARSON: Sure. This was, in
<br />s into question. s my Exhibit K, it was Plaintiffs memo --
<br />~ So I would point out to you as you ~ MR. JAMtSON: Just to help, it's
<br />a look at this, it's not a matter of --and a Exhibit 7, Mr. Mahoney.
<br />s if you look at Mr. Ubaldi's brief, there's s MR. MAHONEY: Thank you.
<br />io a suggestion that there's some other agenda io MR. JAMISON: You're welcome.
<br />ii at play here. As the Mayor related and I ii MR. MAHONEY: And I apologize,
<br />iz think Mr. Mahoney asked him, you know, that 12 Mr. Carson, for interrupting.
<br />is ship has sailed. That he's going to abide is MR. CARSON: No problem. With
<br />14 by, you know, that the chief is going to 14 that, let me proceed because I think
<br />15 come from this department and that, you 15 everybody agrees on the facts here.
<br />i6 know, the Commission has decided and ie Mr. Ubaldi doesn't dispute any of this. He
<br />i~ they're going to move forward and abide by i~ held the meeting, he voted, he disregarded ~
<br />is that. is counsel's orders, he considered posting it.
<br />i9 There's no agenda here. The i9 What I want to talk about is the law, and ~
<br />
<br />zo
<br />agenda is that we want to make sure the law
<br />20 i
<br />the question is:
<br />21 is followed and that people aren't acting zi Who has the authority to do what? ',
<br />I
<br />zz beyond the scope of what they're authorized 2z In our system there's pretty -- in this
<br />zs to do. And to me, that was the error that zs i
<br />case there's three important sources of
<br />z4 took place in this case and why this 24 authority. One is the city charter, the ~
<br />25 gentleman should be removed from the z5 other is the Ohio Revised Code, and the j
<br />~I
<br /> Page 126 Page 128
<br />i Commission. i third is any applicable judicial case law.
<br />z So I'll get another, as I asked z And when you look at those three sources of
<br />s Mr. Gareau earlier, I'll get another chance s authority and you go back to the two
<br />4 to address you. Thank you for your 4 questions that I brought in my opening,
<br />s attention to this point. s one, is Mr. Ubaldi, or any official,
<br />6 MR. LIMPERT: Thank you. s obligated to follow the law department's
<br />~ MR. CARSON: Thank you, ~ advice or directive.
<br />s Mr. President and members of council for a Now again looking at Exhibit 7,
<br />s your time tonight. I want to start a s that's the reason the Mayor gave for
<br />io little differently than I had planned io removing him. That's the reason the Mayor
<br />ii originally just to follow up on something ii gave in his memo, which is, I want to say I
<br />12 Mr. Jamison had said. 12 Exhibit 8 or 9. It says the law director's
<br />is It seems that charges against is opinion is binding, you didn't listen to
<br />i4 Mr. Ubaldi are evolving. I'll direct you i4 him.
<br />1s to the memo that the Mayor sent to him and is If you take a look at those three
<br />i6 it says, "I make this determination based i6 sources of authority, case law, the Ohio
<br />i~ on your deliberate repeated disregard of i~ Revised Code, the charter, and add one more
<br />is legal counsel, and specifically your action is and that's your common sense, the answer to
<br />i9 to schedule the promotional examination for i9 that is no. We're not obligated to follow
<br />zo police chief contrary to specifically the zo legal counsel's advice. It's advice.
<br />21 directive." zl Municipal government is like our
<br />z2 There's nothing in there about zz federal government but they're state
<br />2s posting a notice. But setting that z3 government. It's a constitutional ,I
<br />24 aside -- z4 separation of powers. And under that
<br />z5 MR. MAHONEY: Excuse me, z5 system the law director, any city official,
<br />Mehler & Hagestrom
<br />800.822.0650
<br />(32) Page 125 -Page 128
<br /><~
<br />
|