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r^ City of North Olmsted City Council Meeting Michael Ubaldi March 22, 2011 Page 149 Page 151 >. doing of an act which a person ought not to a. exhibits, and then we can come out to the 2 do at all. 2 floor and vote. 3 I think if you look at those 3 MR. GAREAU: Mr. President? 4 definitions and you look back and look at a MR. LIMPERT: Yes. s what took place in this case, that clearly s MR. GAREAU: I was just advised, s it rose to the level in this case of what s and 1 had miscalculated, there is not a ~ Mr. Ubaldi did and he should be removed ~ council meeting next Tuesday. Is that e from the Civil Service Commission. Again, a not -- 9 thank you for your time. 9 MR. LIMPERT: Sure that would be io MR. LIMPERT: Thank you. io the -- ii Mr. Gareau. i1` MR. GAREAU: It may be, to move -- iz MR. GAREAU: Thank you. With iz if I may, Mr. President. There was a Civil 13 parties having presented their cases and 13 Service Commission meeting that was i4 the arguments having been presented, and I i4 scheduled on Monday that had to be is will present to council then what is the is cancelled for lack of quorum when one of i6 will of council in terms of you may proceed i6 the members was not able to appear. And I i~ to address this issue this evening if you i~ think that the safety director has is would like to. You may, there's been no is indicated that there is work to be done i9 objection by counsel to proceed and ie with respect to moving forward. zo independently review that evidence that's zo So, you know, it's up to the ~ 21 been submitted and to vote on it next 21 council. It should be quick in its action, j zz Tuesday. zz but those are your options that are z3 One other option that's in there z3 available. 24 that is up, as I mentioned I think in the z4 MR. MAHONEY: Mr. President. 2s beginning, but that is up to Mr. Ubaldi, is zs MR. LIMPERT: Councilman Mahoney. ~ Page 150 Page 152 j i they may adjourn to private deliberation by i MR. MAHONEY: Thank you. If I ~I 2 way of executive session is an exception to z might, I'm going to offer potentially two s open meeting law which they could do to s competing theories in terms of delaying or i 4 discuss the case themselves, not with me or 4 continuing this particular hearing so that s anyone else. That would be a third option, s council has a better opportunity to review s but that would be, it makes it pretty clear s the exhibits and deliberate on their own ~ in here that the individual involved ~ independently and individually. a requested a public hearing, you're going to a The first theory is that there is s get a public hearing. So that would be a s a danger in any continuance or delay io third option that's available. io because it only invites some improper ~ ii So it's at the will of council, ii conversations. And by that I mean if it is ~ 12 and I'm open for questions if you wish to 12 continued, there would have to be a ~ is ask questions. is recognition of a duty on the part of our i4 MR. LIMPERT: First of all, what I ar4 residents and the general public not to ' is would like to add, 1 did a little checking is approach council members and try to discuss i6 with council. One, I don't believe it i6 the matter. It would be entirely unfair to ~~ i~ would be, we will have a full congregation i~ both sides, and in particular perhaps to is next Tuesday. is Mr. Ubaldi if that were to occur. ~ i9 MR. GAREAU: I understand. i9 Secondly, I think there would be a ~ zo MR. LIMPERT: Therefore, we could 20 duty on our council members, my colleagues, zi though delay and hold a special, perhaps 21 not to seek outside information or advice z2 Saturday morning I think might be the first 22 from any members of the general public as z3 opportunity that everyone can get together. zs well at this particular point because all ', z4 Or what we can do is take another recess so za the evidence is in and closing, matter is zs that council members may review the z5 pretty much closed. So there would be no Mehler & Hagestrom (38) Page 149 -Page 152 800.822.0650