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Council Minutes of 1/18/2045 <br />choices that meet their needs for today and well into the future. I look forward to <br />discussing this further with you. Sincerely, Dennis J. Kucinich" A negotiating session <br />with RTA will be held tomorrow. <br />Councilman Nashaz requested that the negotiating team ask the RTA representatives for a <br />response to Congressman Kucinich's letter. Law Director Dubelko agreed that they <br />would do so. <br />Law Director Dubelko: 1) Litigation update: <br />• On January 7, the Court of Appeals decided the State ex rel. Musial vs. the City of <br />North Olmsted public records case. The city preserved an important privilege to <br />maintain confidentiality of law enforcement investigatory records where no <br />individual was arrested or charged in connection with the crime. That privilege is <br />very important for two reasons: First, if a crime is unsolved and nobody is chazged or <br />arrested, the police need to keep those types of investigations confidential for years in <br />case something comes up in the future which would enable them to pursue a lead for <br />a chazge. Second, if no one has been chazged or arrested, people have privacy <br />interests. Sometimes the police get involved in investigations of private citizen's <br />behavior that doesn't amount to criminal behavior. There's been an investigation and <br />maybe people aren't very happy that the police have investigated, but they might be <br />more unhappy if their neighbors could access those records from the police <br />department. He believes the city preserved some important city issues in this case, <br />and he is pleased with the decision from the Court of Appeals. <br />• State ex rel. Ganley vs. the City of North Olmsted involving the challenge to the <br />constitutionality of our split zoning, there was a meeting with all the principals last <br />week as well as a case management conference. <br />• A SERB decision whereby SERB has recognized probable cause in one of the <br />chazges that the fire fighters filed against the city during collective bargaining. When <br />an unfair labor practice is filed, SERB talks to both sides. If they think there may be <br />something to it, then they issue probable cause for a complaint. SERB has in this <br />case found probable cause to believe "by unilaterally modifying terms and conditions <br />of employment and attempting to interfere with employee rights by making threats to <br />take action in the event the charging party pursued its claim" that an unfair labor <br />practice may have been committed by the city. SERB has also referred this to <br />mediation. At this stage, he does not believe there is any merit to that complaint, and <br />we will defend it. But we will cooperate with SERB in making sure that the matter is <br />fully investigated. <br />2) A good deal of time has been spent preparing for meetings, attending meetings, <br />conducting research, making calls, etc. in regard to the RTA /NOMBL negotiations. On <br />January 16, he provided Council with an updated report on the status of negotiations. <br />3) January 6, he attended the first Charter Review Commission meeting of this year. At <br />that meeting, the Charter Review Commission asked that department heads and the <br />Mayor submit recommendations for consideration of amendments to the Charter based <br />upon problems they have had with the way the Charter is presently constituted. Toward <br />that end, he will review his department and submit recommendations to the commission. <br />3 <br /> <br />