10/15/2002 Meeting Minutes - Laserfiche WebLink

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Council Minutes 10/15/2002 In response to a question by Councilman Gareau regarding the vacant positions of Service and Safety Directors, Mayor Musial said he would announce his selections at a presentation in Council Chambers on Wednesday, October 16. Law Director Dubelko: 1) On October 3, he provided advice to the Finance Director on the matter of paying the Housing Council secretary the balance of her 2002 annual salary which she had requested claiming that all the duties of the office had been performed for the year 2002. After reviewing the matter, he concluded that, like all city employees, the Housing Council secretary could not legally be paid in advance of actually earning the annual salary, and that the annual salary should be paid to her on a bi-weekly basis like it is for all other city employees. His opinion was in part guided by the job description for the position created by the Housing Council secretary herself. Therein, she had indicated that several of the duties of the position were to be performed "throughout the year." 2) On October 3, he and Assistant Law Director O'Malley attended a Westlaw training seminar. It was beneficial training for the Law Department, and they learned a lot of new research methods into the Westlaw system. The training was included within the city's Westaaw contract with no additional cost to the city. 3) On October 3, he met with the judges in Rocky River Municipal Court to discuss new court operations commencing on October 28. On that date, prosecutors will be permitted to attend arraignments and plea bargains with defendants. This is a change in the court's procedure. The prosecutors will also be granted latitude to amend traffic charges without the necessity of having a new ticket drawn up and served by a police officer. It is hoped that these new procedures will address police overtime compensation concerns which have been raised by some of the suburbs, including the City of North Olmsted. As Law Director, he will make sure that the prosecutor keeps him apprised of how this new system works out and whether or not it achieves the goals intended by the judges. He would also recommend that the Finance Director work with the Police Chief and/or the new Safety Director to determine whether over a period of time the city can document a decrease of police overtime as a result of this program. There also may be benefits in an increase in revenue from the court operations. 4) Also on October 3, he learned of the Ohio Supreme Court's decision in the State ex rel. Shemo vs. Mayfield Hts. case. The Supreme Court on reconsideration reduced the time period for which the city of Mayfield Hts. could be held liable to the property owner for a temporary takings while the subject property remained unconstitutionally rezoned. However, the Ohio Supreme Court concluded that nothing in the recent U. S. Supreme Court decision in the Tahoe/Sierra case required that Shemo be substantially revised. Municipal lawyers were hopeful that the Ohio Supreme Court might substantially revise Shemo in light of Tahoe/Sierra, the United States Supreme Court decision which had concluded that moratoria enacted by the states and political subdivisions which further legitimate state or city interests do not constitute compensable temporary takings. There is some helpful language in the new Shemo takings issue, but it certainly does not go as far as municipal lawyers had hoped it would. 5) Another important municipal case which the Supreme Court recently decided was that involving our neighbor to the north, Westlake. On October 3, the state ex rel. committee for the charter amendment city trash collection vs. the city of Westlake case was decided. In that case, the Supreme Court determined that the city of Westlake was compelled by 2