05/04/2004 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 5/4/2004 REPORTS Law Director Dubelko: 1) The fact finding with the fire fighters has been concluded and submitted to fact finder Harry Graham for decision. It is anticipated that a decision will be made by the end of May. 2) With regard to the Mayor's public records litigation, on April 21 he received a copy of the Mayor's brief, which was filed in response to the city's motion for summary judgment, along with a motion seeking an additional three day's extension to file a second brief. The first brief was filed on time. A few days later, he received a second brief filed by the Mayor which was longer and had more attachments. Because this brief was filed untimely, on April 26 he filed a motion with the Court of Appeals to strike it from the court's files. Also on that day, he filed a reply to the Mayor's brief which had been filed timely on Apri120. Since that time, he received another brief from the Mayor opposing his motion to strike the brief that was filed late. 3) April 22, he received notice from Judge Pokorny of the Cuyahoga County Court of Common Pleas that he had ruled in the city's favor in the case of Northern Valley Contractors vs. the City of North Olmsted. Northern Valley was one of the unsuccessful bidders on the library project who had sued the city in 2003 and attempted to stop the proceedings until a hearing could be held. Last year, an administrative judge denied the request for injunctive relief. On the 22nd, Judge Pokorny, to whom the case had been assigned, granted the city's motion for summary judgment. That completely disposes of the case. Assistant Law Director Bryan O'Malley should get credit for the work on preparing and filing the successful motion for summary judgment. 4) April 22, he attended a Board of Control meeting. Also on that date, he prepared rules and regulations for the new Charter Review Commission and attended the initial meeting of that commission. 5) On Apri123, there was a Secretaries Day luncheon at City Hall and the Mayor handed out proclamations to a number of well-deserving members of the clerical staff. Tom Herbster did a nice job of cooking hotdogs and hamburgers for the event. 6) He has concluded interviews for the two law clerk positions. He has extended one offer and will be making a second hiring decision probably within a week. 7) He received a phone communication from attorney Jordan Berns regarding the Ganley rezoning and redevelopment proposal. Since that time, he has spent some significant time conducting research on the subject of split zoning in order to prepare and provide legal advice if needed by City Council. 8) He was served with an unfair labor practice complaint from IAFF Local 1267. He believes this is being spawned from the current status of negotiations with that union. It should be noted that the city had earlier filed an unfair labor practice on April 15, and the union responded with an unfair labor practice filing on April 26. He will submit to Council a memorandum in the next week or so outlining the nature of the complaint on both sides and making any appropriate suggestions he thinks Council needs to hear on those issues. 9) April 27, he attended a directors' meeting. 10) April 28, he attended the first interest-based bargaining session with the AFSCME Service workers and the Clerical-Technical workers. 11) Apri129, he left on vacation and returned on May 3 . 2