02/04/2003 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 2/4/2003 gradually being brought back as positions become available. The budget does not take into consideration bringing back other individuals who have been laid off. Law Director Dubelko: 1) On January 23, he provided a memo to the Mayor regarding the authority of the Law Director to appoint special prosecutors in instances of conflicts of interest consistent with the city's Charter requirement that the Law Director obtain the approval of City Council before hiring outside Council. He spoke with former Law Director Gareau on this, and it was his belief over the years that the basis for Council authorizing the hiring of outside or at least special prosecutors was Council's annual process of appropriating x number of dollars for outside Council. He has sent a memo to the Mayor and Council on this issue. 2) On January 26, he provided a memo to the Safety Committee regazding the speed limit on Canterbury Road. He spoke with the County Traffic Engineer who advised that the county will not formally act to authorize to designate Canterbury as anon-through street. He was advised that the best approach the city should take, if it wishes to look at the issue of reducing the speed limit on Canterbury, is to fund a traffic study. Then, if warranted, petition ODOT to reduce the speed on the through street. 3) On January 26, he advised the Mayor and City Council regarding the new qualifications for members of the Landmarks Commission following the city's adoption at the November elections of an amendment to the Charter regazding the qualifications for Landmazks Commission members. 4} Also, on January 26, he received notice from special prosecutor Michael Murman that, in the matter of North Olmsted Police Department's investigation of the comments made by the Safety Director Richard Jesse at the November 19, 2002 Council meeting, and whether the crime of falsification had been committed, that the comments made, even if false, did not constitute the crime of falsification. As the Mayor stated, the conclusion of Mr. Murman based upon a thorough review of the Police Department's investigation was that probable cause did not exist to believe that any crime was committed. It should be noted that attorney Murman also advised that only statements made in official proceedings before City Council, if made falsely with an intent to mislead, constitute the crime of falsification. Attorney Murman concluded that Council was not involved on November 19 in such an official proceeding. Mr. Murman further opined that for an investigative proceeding before Council to be official, any witness appearing before the Council to answer questions would first be entitled to be advised of his rights to Council pursuant to Section 9.84 of the ORC. So, as far as the Police Dept. and the Law Dept. aze concerned, Mr. Jesse has been cleazed of any criminal wrongdoing in connection with the statements he had made to City Council on November 19, 2002. He thanks all of the involved city officials: the Mayor, the Safety Director and the City Council for their patience in allowing this matter without interference to follow its normal course of investigation and ruling in the Police and the Law Departments. 5) On January 27, he provided legal advice to the Safety Director regarding the public's right to access the Recreation Center and exercise First Amendment rights subject only to narrowly drawn content neutral, time, place and manner regulations. He recently supplemented that advice to the Safety Director in another memo under today's date, and is scheduled to meet with the Safety Director, the Mayor and other directors regarding this matter on February 6. In his mind, it cannot be overstated how important it is for city 4