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City of North Olmsted Citv Council Meeting Michael Ubaldi March 22, 2011 Page 157 Page 159 i might, Mr. President, Saturday morning i that you can review those at your leisure z works forme as well. I can do that. z between now and then. s MR. LIMPERT: Is there a chosen s I will also provide you -- and, 4 time? Do you want to make it early so you 4 again, I provided, I publicly stated 5 can continue with your day and make it at 5 previously what the definition of s 9:00? s misfeasance and malfeasance was. Counsel ~ MR. MAHONEY: That's fine by me, ~ was aware. They both have copies, you'll s Mr. President. s have a copy if you don't already. And then 9 MR. GAREAU: Mr. President, that's 9 the motion, after the motion you can have io fine. If the council wishes to do that, io your debate and discussion on the public ii you can issue a proper notice for an ii end should you choose to and then do your 12 additional meeting on Saturday morning. I 12 vote. i3 would recommend that you make a motion to 1s MR. LIMPERT: Mr. Director, I have i4 table the matter to a date certain, I i4 one procedural question with that. is suppose, but you can kind of phrase it as is Since counsel will be there, i6 you wish. But with the idea that we're i6 before the vote shall counsel be afforded 17 going to reconvene on this particular 17 to ask any additional questions or is all is matter on Saturday at 9:00, council should is basic debate with counsel closed at this i9 vote on that. i9 point? 20 That being said, Mr. Mahoney's 20 MR. GAREAU: The evidence zi comments were right on the money. I have 21 gathering component of this case is I z2 to advise you that you should not speak to 2z complete. So there will be no further z3 third parties because it's not fair to the 2s questions posed to any of the parties. The 24 process that's been presented by the Mayor 24 case is closed to both the Mayor and zs and Mr. Ubaldi. At the same time, please zs Mr. Ubaldi and that portion of the case is --r Page 158 Page 160 j i do not discuss it amongst yourselves. i complete. ~, 2 Review the evidence. There's evidence, z The only thing you will do is you 3 it's available. You're welcome to review 3 will go back and review the evidence and 4 that. There's not a problem with that. 4 again, look to see if there is a, you know, s We'll make sure that it's here. s substantial -- well, let me rephrase this, s Is counsel available Saturday s substantial, reliable and probative j ~ morning? ~ evidence relevant to the question. Is a MR. CARSON: Yes. a there substantial, relevant and probative ~ s MR. JAMISON: Yes. s ' evidence to support a concurrence with the io MR. GAREAU: At 9:00? io Mayor that there was misfeasance and ii MR. CARSON: Yes. ii malfeasance. That's the way that it gets iz MR. JAMISON: Yes. iz framed, and that evidence has been i i3 MR. GAREAU: And then what would is presented. You have what you have and you i4 happen on Saturday then is that you can i4 are not permitted to go further on that. is make your motion and do your deliberation i5 MR. LIMPERT: Very good. Yes, i6 at that point. I suppose in theory it's i6 Councilman Kearney. I i~ possible that you could, without an i~ MR. KEARNEY: Mr. Gareau, are is objection from Mr. Ubaldi, you could is there certain pieces of evidence that we're i9 convene in your executive session and have i9 going to take home tonight or do they have 20 a debate there as well, but I don't know 20 to stay in the building? 21 what his pleasure is. zl MR. GAREAU: No, I think we'll ~ 22 But at least at this point, zz have to discuss the logistics on that. I z3 Mr. Mahoney's comments were right on. zs don't know that there's really an objection 24 Please don't do that. And we'll make the z4 to making copies. We have to keep the 2s exhibits and documents available to you so 25 originals here. I can't let them walk Mehler & Hagestrom 800.822.0650 (40) Page 157 -Page l60 ~. ,,