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<br />City of North Olmsted
<br />('i4v f nunoil Maafi»a
<br />
<br />Michael Ubaldi
<br />March 22, 2011.
<br /> Page 133 Page 135
<br />i He can issue important opinions and the i this is how you read the statute, "except
<br />2 city council has to follow those. But z as otherwise provided." You can do
<br />3 that's the only place it says that. It 3 anything you want in regard to civil
<br />4 doesn't say anything about that in the 4 service except these couple things we tell
<br />5 revised code, and there is no case law that s you you can't do. So let's look, what
<br />s says a law director can issue a binding 6 can't the Civil Service Commission do?
<br />~ opinion on someone else. ~ Well, 124.44 says, "No competitive
<br />a It's that expression, it's that a promotional examination shall be held
<br />9 exception that proves the rule. That gives s unless there is at least two persons
<br />io them the one power here that means he io eligible to complete."
<br />11 doesn't have it elsewhere. Simply put, 11 Well, that seems like common sense
<br />iz it's advice, you can follow it or not 12 and you shouldn't have to put it in the
<br />13 follow it. 13 revised code, but they did because that's
<br />i4 That goes back to, again, i4 one of the only things that they want to ~
<br />is independence of the city Civil Service is limit the power on.
<br />i6 Commission. If commissions or any, or an i6 If the legislature had wanted to
<br />17 official or any body had to do what the law 17 make a system where the Civil Service
<br />is director told them, they would cease to be is Commission could only schedule a test after ~
<br />i9 independent. We would cease to have a i9 receiving notice from the appointing !
<br />20 separation of powers of the city officers. 20 authority, they would have said so. They
<br />21 Now moving on to the second claim 21 would have said so exactly like they did in
<br />22 which is that Mr. Ubaldi exceeded his 22 124 in saying no competitive promotional j
<br />23 authority by scheduling the exam, and then 23 examination shall be held until notice is
<br />24 we'll throw in by talking about posting the 24 received from the authority.
<br />25 notice also. zs But that's not what it says. You
<br /> Page 134 Page 136
<br />i Again, the three sources of i won't find that in the revised code. You
<br />2 authority, the charter, the code, the case 2 won't find that in the charter. And the
<br />3 law. The Ohio Revised Code, this is 3 city's charter, the city's rules are
<br />4 Section 124.44, gives a municipal law. 4 substantively identical to what's in the
<br />s Municipal Civil Service Commission gets s revised code.
<br />s plenary authority to "prescribe, amend, and 6 Again, to hit you with Latin,
<br />~ enforce rules not inconsistent with this ~ expressio unius. There is, it says there's
<br />a chapter" for examinations, resignations, a one thing you can't do so everything else
<br />9 for appointments, promotions. s is okay. Really it's within their province
<br />io That's what we're talking about io to schedule tests. That's what they do.
<br />ii here. ii It doesn't make sense otherwise.
<br />12 Removals, transfers, layoffs, iz Now there was a legal opinion
<br />I
<br />is suspensions, reductions, reinstatements and is prepared by the law director, and with all
<br />II
<br />i4 for standardizing positions and maintaining i4 due respect to Mr. Gareau, who I appreciate ~
<br />is efficiency in them. That's what they're is his assistance throughout tonight, with all
<br />i6 supposed to do. So the law grants them i6 due respect to Mr. Gareau, I think he got
<br />i~ authority to do all this stuff and do it i~ it wrong. If you look at the language in
<br />is efficiently. is that opinion upon which they're basing the
<br />i9 If that wasn't enough, the revised i9 prohibition that whenever a vacancy occurs,
<br />zo code goes on and it says the Commission may zo that's on a prohibition.
<br />2]. exercise all other powers, perform all zl What that language says, and this
<br />22 other duties with respect to the civil 22 is the same as the rule we talked about
<br />z3 service of the city except as otherwise 23 with Mr. O'Malley, "Whenever a vacancy
<br />z4 provided. 24 occurs, the appointing authority shall
<br />zs And, again, we're getting back to zs notify the Civil Service Commission."
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