05/07/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/7/96 ~n 5) The All Nations Fair was held at the high school on Saturday, May 4. It was quite a ~~- successful event with 25 people being sworn in as new citizens during a very moving and inspiring ceremony. 6) Mayor Boyle presented a proclamation to the Ladies Auxiliary of VFW Post 7647 in recognition of the buddy poppy sale during the month of May. The proceeds from this campaign are used exclusively for the benefit of disabled and needy veterans and the widows and orphans of deceased veterans. The wearing of the buddy poppy is evidence of our gratitude to the men and women of our country who have risked their lives in defense of the freedoms which we continue to enjoy as Americans. Law Director Gareau: 1) Since the last Council meeting, Tom Fattlar has re-filed his complaint in the Court of Appeals and has asked for a mandamus action whereby the city would be required to appoint him to the position of Recreation Commissioner as opposed to Mike Dolansky. This action should have been in quo warranto as opposed to mandamus because the position is akeady filled. The Law Department will be filing a motion to dismiss the complaint as it fails to state a cause of action. The Law Department will handle this complaint instead of the insurance company because it asks for back wages which are not covered by the insurance policy. 2) An arbitration was recently held on the firefighters grievance with regard to direct deposit. The hearing was closed and briefs are due on the fourteenth of May. 3) At the recent spring municipal seminar, the issue of cable TV was addressed. North Ohmsted's contract with Ameritech was discussed as a model particularly with respect to providing governmental agencies and schools with the cable capabilities of interacting with each other. 4) A firefighter from Olmsted Township has filed an EEOC complaint against the city with the federal government dealing with age discrimination. The firefighter, who is 49 years old, wanted to take the North Olmsted firefighter examination; however, the city has an age limit of 35 to take the examination or to receive an original appointment. In 1995, a federal exemption was in place which exempted police and firefighters from filing EEOC complaints. Currently, there is an action in Congress to re-enact provisions exempting that. The State of Ohio, under a civil rights act, exempts police and firefighters from being able to file age discrimination cases because the State statutes provide that no person over the age of 30 can receive an original appointment. Municipalities may enact legislation extending the age to 35. The North Olmsted Civil Service regulations do provide for the age of 35. An answer to this complaint has been filed. 5) Although we were granted summary judgment in the Brand vs. Goodwill and the City of North Olmsted case, we will be required to pay costs of $10,000. These costs arise from a previous insurance policy that required the payment of defense costs. We no longer have this type of insurance coverage. 6) Most of the details of the Cablevision contract have been worked out. The contract they have requested is basically the same as the Ameritech contract. 7) A lawsuit has been received dealing with an individual who was injured by a fall in a restroom at the Recreation Center. The attorney representing the plaintiff has been contacted and informed of the fact that the city has governmental immunity. A copy of the Fox judgment entry was sent to the attorney along with notification that, if the 2 r..