11/15/2016 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 11-15-2016 seeking review in the Supreme Court of the decision rising from a flooding action where the City of Parma asserted its immunity and the trial and appeals court denied the assertion. The Association believes there is sufficient worth to join with the City of Parma in petitioning the Ohio Supreme Court for review. Because it is important to the financial stability of municipalities to avail themselves of immunity provisions, the City of North Olmsted signed on to the brief. I will continue to update Council as the case moves forward. • Last week State Farm tendered a demand on the City of North Olmsted for $13,566.41. It's insured was driving down the road when it plowed into a skidsteer (popularly known as a Bobcat), which was in the right-of-way doing work on the road. The driver of the car eventually pled no contest to failing to maintain an assured clear distance. The car was totaled and the insurance company paid out the claim and asked for the money from the City. First of all, why would the City pay if he plowed into the city's car? There were some potential claims worked into the request. However, after some research, it turns out the State of Ohio does not allow for those types of claims. The City declined to pay the $13,566.41. • I had the occasion to author a memo which you should have received regarding the Department of Labor regulations determining whether or not "White Collar Salaried Employees" are exempt from the Fair Labor Standards Act Overtime Pay Protections. As stated in the memo, employees are exempt if they are deemed a bono-fide Executive, Administrative or Professional employee and it's sometimes referred to as the "White Collar Exception." That arises from the mistaken belief if one is salaried, the person does not have to receive overtime. One can be salaried and not necessarily receive overtime, but you have to meet various clear criteria. One of the criteria is one had to make over $23,660.00, which was a pretty low threshold. This was just bumped up by the Obama administration to $47,476.00. Now more people who otherwise would meet all the criteria for exemption are required to receive overtime, notwithstanding the fact they were salaried employees in the City of North Olmsted. Ms. Copfer has already discussed this issue with Council, but I did reiterate it in the memo and provided it to the Administration and Council. The Administration has taken actions with Director Gallo to ensure we are in compliance with Federal law. • Regarding State ex. rel. James Connell vs. City of North Olmsted. The City has filed a motion for summary judgment on all claims arising from the May 2014 storm event. There has been some developments in the case where there were only four named plaintiffs seeking to represent the class. Of those, only one of those individuals flooded on the 141" of May. That individual later dismissed their complaint. There is a legal question on if they were supposed to represent the class and if they already dismissed their complaint and it's beyond the Statute of Limitations do they have a case anymore. We have asked the court to dismiss the entire complaint against the City of North Olmsted for the May 2014 event. Which would leave us still talking about the 2011 event. As I said a long time ago, this case would go on for years and it's been several years. It is expected to go on for several more years. Discovery is continuing and as things develop and we get rulings on these motions I will be sure to update Council. Finance Director Copfer: NA