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City of North Olmsted City Council Meeting Michael Ubaldi March 22, 2011 Page 137 Page 139 i Second sentence, "The Commission shall, i And then the second sentence is z pursuant to the city of -- city charter, z even more telling. "If there is no valid, 3 certify to the appointing authority the 3 eligible list, the Commission shall conduct 4 name and address of the highest ranking 4 a test." And here again, the facts are 5 candidate on the eligible list. 5 undisputed. There was no eligible list. s Second sentence, "If there is no s The Commission's job was to conduct a test. 7 eligible list, the Commission shall conduct 7 So reading each word in context, the idea s a test." That's exactly what Mr. Ubaldi s that you have to wait on some appointing 9 did. s authority to tell you there's a vacancy io You heard the testimony from the io before you can do it, it seems nonsensible. ii Mayor saying his plans to change, bringing 11 And again, there's, everyone iz on someone from the outside, that ship had iz admitted, there is no provision that they i3 sailed. 13 can point to that says this is what you i4 So we had this process. We knew i4 have to do. You can only do it once you is we had the vacancy. Everybody knew. The 15 receive official notice. ~ i6 Chief announced it publicly. It was in the i6 ' There was some discussion about 17 newspaper. The Mayor talked about it. The 17 well, if we certified the list and there is Mayor talked about it in the State of the ie wasn't a vacancy, that might be some sort i9 City address. The Mayor's office came to i9 of problem. But that's what you do every ~ zo the Commission to talk about it. There was 20 day. 1'll ask you to take a look at the 21 no secret that the Chief was leaving. zl. exhibit as to my brief, Exhibit C. Those j 22 There is another, and I promise 22 are lists from the city of eligible lists 2s this is the last bit of Latin I'll throw at 23 for positions where there are currently no 24 you. When you're reading a statute, z4 vacancies, because that's how the civil zs there's a rule that says it has to be read 2s service works. You have lists before you Page 138 Page 140 i in pari materia. Which means it has to be i have vacancies. It doesn't make sense to 2 read in context with everything else that's z do it the other way. s in that same statute, and every word has to 3 Going back to what the Commission 4 be given meaning. 4 knew, again, everyone knew the Chief was ~ s So let's take a look at that rule. s retiring. Everyone knew that the city was s "Shall certify to the appointing authority s going to need a new police chief. This ~ the name of the highest ranking candidate ~ isn't even a matter of we can say well, a on the eligible list." s we've got so many sergeants but we're not s The rule itself assumes there's s going to fill the vacancy because we want io going to be an eligible list before there io to cut down on the force, we're cutting 11 is a vacancy, because that's how civil it back to attrition, but that's not the case 12 service process works. That's where the lz with the Chief. You knew you were going to 13 efficiency comes in. 13 need a new chief. And to ask the 14 You've got people who may or may 14 commissioners to pretend otherwise and to is not retire. You have a list of the people is put their head in the sand and say there is i6 who are qualified and eligible to step into i6 no vacancy, there's no vacancy, they 17 those spots, and somebody moves, they ask 17 haven't told me there's a vacancy yet, is the Commission, the Commission says here's is again, it gets almost surreal. i9 the next person on the list, there you go. i9 They knew there was a vacancy. 20 If that person can't do it because they've zo Everybody knew there was a vacancy. 21 taken another job or something else, you've 21 There's no harm in setting the test. But as ' 22 got the next person on the list. That's z2 the Mayor testified, he didn't want that 23 how it works. That's what makes it 23 posted. We talked about this because he's 24 efficient, and that's the Commission's duty z4 got reasons, he wants to change the way the 2s to keep it efficient. 2s system works, and that's fine. The Mayor's -_~~ Mehler & Hagestrom 800.822.0650 (35) Page 137 -Page 140