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<br />City of North Olmsted
<br />Citv Council Meetine
<br />
<br />Michael Ubaldi
<br />March 22, 2011
<br /> Page 145 Page 147
<br />i follow the advice of the law department, i So what's important is that the notice
<br />z it's that coupled with what he tried to do 2 comes from the safety director, the
<br />3 on March 2nd because he knew he was under 3 appointing authority, as to is there
<br />4 the gun to get that posting done. And that 4 actually a vacancy to fill.
<br />s he then attempted to post it himself even s So if you follow that logic,
<br />s though he had never done it before, and he s that's why it's important to get that
<br />~ knew that Ms. Eccleston wouldn't do it. It 7 notice from the appointing authority based
<br />a was that combination of where he's acting s on reasonable legislation you just passed.
<br />s outside the scope of what he's empowered to s And so while the chiefs would be a little
<br />io do that's important in this case, and I io bit different, because you would always
<br />ii would just remind you of that. ari have to have a chief, okay. But for the
<br />iz At some point Mr. Carson made the iz other positions, if you look at that
<br />is statement that as he went through the, you >.s ordinance, that's not necessarily true
<br />is know, whether it was required to have 1r4 because of that "up to" language that's
<br />ars notice before they set that test date, is contained in that ordinance. So that's an
<br />i6 again, I would refer you to the legal i6 important distinction to make. And it's
<br />i7 opinion of your law director. I think it's i~ mentioned in Mr. Gareau's opinion as to why ,
<br />ie well written and concise and carries the ie it's important and why that's in the Civil
<br />i9 right conclusion. i9 Service rules. ~
<br />20 And I would point this out to you, zo Mr. Carson had you believe that if ~
<br />zi and it's related in his memo even though 21 you follow these Latin terms and everything
<br />zz this doesn't really relate to the position 22 else, if you look at that section of rules,
<br />2s of police chief, and Mr. Carson kept saying z3 it's pretty plain to me that the triggering
<br />z4 it doesn't make sense, why can't we just z4 event is, it says whenever a vacancy
<br />zs create the list and, you know, if there's zs occurs. It's pretty plain, straightforward
<br /> Page 146 Page 148
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<br />i an opening, then we've got the list ready a, to me. There's no ambiguity to that. And
<br />z to go. It doesn't make sense to allow us z it's not reading other sentences together
<br />s to do it. I think he said that like five s with that that allows them to create lists.
<br />4 times. And so here's why it does make 4 The triggering event as it was related by
<br />s sense that you do follow the procedure 5 Mr. Gareau and Mr. O'Malley on the night in
<br />6 that's spelled out in the Civil Service 6 question back on February 28th, it's when
<br />7 rules, which I would point out to you is 7 the vacancy occurs.
<br />a rule number eight, Roman numeral eight on a But what's important in this case
<br />s page 15 of Exhibit 1. s is that not only did Mr. Ubaldi be advised
<br />io This council enacted a new io and he went forward anyway, it's then his
<br />ii ordinance last year, ordinance number ii attempts to try and follow up on that to
<br />iz 2010.66. That was relating to the lz post it himself. And I would assert, as I
<br />is reorganization of the safety department, ars related earlier, that it was in his mind
<br />i4 and it included "up to" language for i4 from the beginning that he was going down a
<br />>.5 various positions in the police department. i5 certain road and that there was no one who
<br />i6 And the reason that's important is that, i6 was going to change his mind on how he
<br />i7 let's take the position of sergeant as an i~ thought the Commission should proceed. And
<br />is example. >.a that he went down that road and wasn't i
<br />
<br />i9
<br />Based on the new ordinance,
<br />i9 t
<br />going to let anybody change that.
<br />20 there's no requirement at this point that zo And so I would assert, and again,
<br />21 you're then going to have a set amount of zi I believe Mr. Gareau is going to give you
<br />22 sergeants. The safety director can z2 definitions and I do have them this time, I
<br />23 recommend to the Civil Service, you know z3 found them, misfeasance again is the
<br />z4 what, we're going to maybe keep the same za improper doing of an act which a person
<br />z5 number of sergeants and not replace that. 25 might lawfully do. Malfeasance is the
<br />Mehler & Hagestrom (37) Page 145 -Page 148
<br />800.822.0650
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