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<br />Michael Ubaldi
<br />March 22, 2011
<br /> Page 129 Page 131
<br />i has only such power as the law confers upon i to whomever is in charge of purchasing and
<br />2 him. And this is set forth in the brief 2 say you shouldn't accept these bids, that's
<br />3 which I hope you read. 3 fine and they can do what they went. But
<br />4 But I want to point out the pieces 4 he doesn't have that power to bind another
<br />5 of authority we've got here. The city s office, to tell them this is what you have
<br />s charter says the law director shall serve s to do, this is what you can't do.
<br />~ as the legal counsel, serves the mayor, ~ In fact it's, you know, probably
<br />a council, departments, commissions, boards a the most famous statement of this in our
<br />9 of the city, should represent the city in s history is Chief Justice John Marshall's
<br />io all proceedings in court and in other io statement that it is emphatically the
<br />u matters in controversy as he is by ii province and duty of the judicial
<br />iz resolution or ordinance directed to 12 department to say what the law is. It's
<br />is prosecute. is the judicial department, it's the court. it
<br />i4 There's nothing in the charter i4 It's not the law director. Even the
<br />is that says that the law director or the 15 Attorney General can't issue binding
<br />i6 assistant law director can give directives i6 opinions. They're merely persuasive.
<br />i~ to another official or another body. Take i~ And then I'm going to ask you ~,
<br />is a look at the revised code because that is again to look at common sense. If a law
<br />i9 gives powers to law directors, too. i9 director could issue binding opinions, I
<br />zo The Ohio Revised Code, this is 20 mean, that really puts the law director in
<br />zi 733.54 says, "When an officer of the city zi charge of the Commission. It puts the law
<br />22 entertains doubts concerning the law of any 22 director in charge of other boards. It
<br />z3 matter before him and desires the opinion 2s puts the law director in charge of every
<br />24 of the city director of law, he can ask for 24 government entity.
<br />z5 an opinion. 25 And actually, this is, I want to ~
<br />~I
<br /> Page 130 Page 132 I
<br />i The council didn't ask for, or the i point something out to you because in my ~~
<br />z Commission didn't ask for an opinion. The 2 brief there is perhaps a misstatement.
<br />3 assistant law director just said they 3 Because I said there is, nowhere in the ~
<br />4 didn't ask, I told them. I gave them a 4 charter does the law director have ~
<br />s directive. s authority to tell someone what to do. But
<br />s That's not his job. His job is to s in looking at the charter, there is one
<br />~ give advice. And the Commission can listen ~ instance, and this is Article 16, Section
<br />a to that advice or not listen to that a B. And that says the director of law can
<br />s advice, and maybe it's better or not to do s tell a city council what to do when they're
<br />io that, but what this is about is the io accepting nonsubstantive charter language.
<br />ii separation of powers. Who gets to say ii In that case, the law director's opinion is ~
<br />iz you're in charge, you're not in charge. 12 controlling and binding, and it's in the
<br />is And there is case law on this. In is charter.
<br />i4 Cement Tech versus The City of Fairlawn, is And the fact that that exists,
<br />is that case shows a situation where a law i5 that there is that one exception, it sort
<br />i6 director was reviewing bids which were to i6 of proves the rule. There is a legal maxim
<br />i~ be put in for city services and do cement, i~ of interpretation of statutes. And I'm
<br />is and the law director went through the bids is going to throw some Latin at you, expressio
<br />i9 and said this doesn't meet the criteria, i9 unius est exclusio alterius. And what that ~
<br />I
<br />zo this doesn't meet the criteria, these bids zo means is, if it says one thing and doesn't ~
<br />zi are out. Went to court, the court said zi say the other, you ought to assume that the
<br />22 look, that's not the law director's job. zz other is excluded. I
<br />z3 He is not there to make decisions, to make 23 In this case the charter says hey, ~
<br />~
<br />z4 these judicial determinations. He's there 24 ,
<br />the law director has a lot of power when it
<br />Iz5 to give advice. If he wants to give advice 2s comes to nonsubstantive charter language.
<br />City of North Olmsted
<br />City Council Meeting
<br />(33) Page 129 -Page 132
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