12/03/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 12/3/96 2) Regarding the unfair labor practice which was filed against the firefighters' union, the ~~ State Employees Relations Board has appointed a neutral mediator. He has indicated to the mediator that the city will not compromise its position and will, if need be, take the matter to a full hearing. Also, if necessary, a declaratory judgment action will be filed. Two more grievances have been filed within the Fire Department. One has to do with the issue of a request for overtime by firefighters when they are attending instructional classes at the high school. The Chief had established a policy of voluntary participation by firefighters to teach fire prevention at the high school. The policy called for compensatory time off, and the firefighters want time and a half. This request may very well jeopardize that program. The second grievance was filed with respect to a request that certain changes made by the Civil Service Commission be negotiated. The Law Director will meet with the Commission relative to certain changes that were made in the Civil Service rules and regulations without appropriate participation. 3) A recent Channel 3 television news report dealt with an alleged oversight or alleged misconduct on the part of two city building inspectors with regard to the inspection of anchor bolts at two locations. This issue arose out of a lawsuit filed by Christopher Fox against the city. The first lawsuit was dismissed because the city had governmental immunity. The matter then went to arbitration. A second lawsuit was filed, and the city filed a motion for summary judgment. This was granted, and sanctions of $2,100 were granted. After this occurred, Mr. Fox widened the issue and decided on his own to investigate anchor bolts at various locations with the city. On March 12, 1996, as a result of direct contact with the County Prosecutor's office by Mr. Fox, a meeting was held for ,~, the purpose of investigating two city building inspectors. The Law Department was not immediately notified that this investigation was taking place. The matter was eventually turned over to the Law Department and the North Olmsted Police Department. In an effort to resolve the problem, the Law Director conferred with the Safety Director and the Building Commissioner. The Law Director received reports from the Building Commissioner and the police detective bureau. The Building Commissioner not only went to the point of determining whether or not anchor bolts were installed but also went to the supplier to see whether anchor bolts were sold. In addition, he went to the builder to determine whether payment was made for the anchor bolts. The Building Commissioner determined that the anchor bolts were installed. Because the length of the anchor bolts was an issue, he demanded engineering reports from each of the builders. Those engineering reports were reviewed by the City Engineer. It was the determination of the Building Commissioner that, although there was deviation, there were no code violations and the builders were in compliance. The Law Director found no justification for any charges to be made against the building inspectors. These investigations were private, and even Council was not aware of them. However, the television reporter, Paul Orlousky, knew the investigations were going on--obviously, someone in the Police Department told him. He knew when the investigations were completed and made public records requests. During his interview with the Law Director, it was obvious that he started out with his final conclusion and built backwards. When the interview was aired, the fact that the engineering reports had been reviewed by the city engineers, who concurred with the reports, was left out. The report was inappropriate and unprofessional and seemed pre- designed to cause alarm. The Law Director has maintained a file on this issue, and the 3 ... ~.... _ _ ., ,~ .,,~..., r. _ , .,: