06/01/2004 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/1/2004 7) On May 26, the city received a demand from the Fraternal Order of Police to arbitrate a grievance regarding the city's decision this year not to fund the third correction officer position in the Police Department. 8) On May 27, he attended a meeting of the Charter Review Commission and provided advice to the commission regarding language recommendations to Council on Ordinance 2004-43, which is a proposed Charter amendment to update the qualifications for members of the Landmarks Commission. The commission did vote regarding its recommendations and the report it will make to City Council. 9) On May 28, he prepared and filed in the Court of Appeals, with the assistance of Assistant Law Director O'Malley, a notice to withdraw, a motion for extension of time to file a supplemental index and an index of records in the case of State ex rel Musial v. City of North Olmsted. He is also attempting to coordinate with the attorneys at Walter & Haverfield regarding transitioning the city's defense of this lawsuit. City Council has adopted legislation authorizing him to retain the law firm. The legislation has not yet been acted upon by the Mayor. The Mayor has ten days following passage to sign, to veto or to allow legislation to go into law without his signature. In the meantime, he will do his best to defend the city's interest until this legislation becomes effective and the contract is executed with Walter & Haverfield. 10) While reviewing the on-line docket of the Court of Common Pleas, he noted a new case filing, Ed Bak v. City of North Olmsted et al. He has not yet received a copy of the summons or the complaint but believes both the city and the Mayor were named as defendants in that action. 11) On May 28, he received a written taxpayer's demand from an attorney representing Safety Director Richard Jesse claiming that three ordinances adopted by City Council during the period 2002 through 2004 were illegal and demanded that he take action to advise Council to repeal the ordinances, failing that, to seek a court order to set aside the alleged illegal ordinances. The ordinances are: Ordinance 2002-191, which was a salary range ordinance dealing with equalizing salaries between Service, Safety and Personnel Directors; 2003-50, which provided that no comp time be given to directors; 2004-41, which was the recently adopted legislation by Council creating a directors' motor vehicle pool. He has responded in writing to that taxpayer demand and has provided a copy of his response to the Mayor and to the members of City Council. ff Council wishes to discuss this further with respect to litigation strategy, because a taxpayer's demand is a pre-condition to filing a lawsuit against the city, he recommends the discussion take place in executive session. 12) On May 28, he received a request for a legal opinion from the Mayor regarding the subject of understandings between the administration and non-bargaining personnel and whether such understandings are binding upon the city and the City Council. His legal opinion was released today. 13) A pre-trial date has been set for the real property maintenance code case of City of North Olmsted v. Samir Khouri involving alleged violations of the city's refuse collection code occurring in amulti-family unit on Clague Road. This case has been assigned to Judge Cravens in the Rocky River Municipal Court and has been set for pre- trial on July 13, 2004. 4