Minutes - 12/18/2006 - Police Pension Fund BoardMINUTES OF THE DECEMBER 18, 2006 SPECIAL
MEETING OF THE BOARD OF TRUSTEES OF THE
OAK BROOK POLICE PENSION FUND APPROVED AS
WRITTEN ON FEBRUARY 6, 2007
1. CALL TO ORDER
The Special Meeting of the Board of Trustees of the Oak Brook Police Pension
Fund was called to order by President Birdsall at 7:02 p.m. in the Upper Level
Conference Room of the Butler Government Center, 1200 Oak Brook Road,
Oak Brook, IL.
2. ROLL CALL
Recording Secretary Gonnella called the roll with the following persons
PRESENT: President Robert Birdsall, Vice President Michael Hall, Secretary
Alan Feldman and Trustee Badowski.
ABSENT: None.
3. NEW BUSINESS
a. Discussion of Disability Application
President Birdsall indicated that all of the Board members have received the
disability application of Officer Randy Mucha. The Board will go through the
same process as the former proceedings with Officer Malec.
b. Discussion and Approval of Attorney for Disability Process
President Birdsall explained to the Board that since Officer Mucha has used the
Board's Attorney Richard Reimer in litigation against the Board of Fire and
Police Commissioners, he recommended that the Board seek another attorney to
represent the Board in this disability application.
Officer Mucha has retained the legal services of Attorney Jerome Marconi to
represent him in his disability application. President Birdsall recommended
using the legal services of Charles Atwell who represents Police Departments in
the surrounding area and secondary counsel to the IPPFA. He came highly
recommended by the Deputy Police Chief of Lombard. Attorney Reimer also
recommended using his legal services. President Birdsall has spoken with him
and he is available to handle this disability as he has handled this type of case
previously.
BOARD OF TRUSTEES OAK BROOK Page 1 of 3 December 18, 2006
POLICE PENSION FUND Minutes
3. b.
Motion by Trustee Badowski, seconded by Secretary Feldman, to retain the
legal services of Charles Atwell to represent the Oak Brook Police Pension
Board in the disability application of Officer Randy Mucha. ROLL CALL
VOTE:
Ayes: 4 — President Birdsall, Vice President Hall, Secretary Feldman and
Trustee Badowski.
Nays: 0 — None.
Absent: 0 —None.
c. Discussion of Board Appointed Physicians
President Birdsall explained that Attorney Atwell will obtain all of the medical
documentation from Officer Mucha's physicians and then schedule three
physicians for the Board. He suggested Dr. Harris and Dr. Conroe may be used
again as previously hired in a previous disability application. Secretary
Feldman inquired if any of the actions by Police Chief Sheahan are public
record. President Birdsall indicated they were public record and can be
subpoenaed in his personnel file. Attorney Atwell will subpoena all the
necessary medical records so that the Board's three appointed physicians may
review these records, examine Officer Mucha and submit their findings to the
Board's attorney. Then Attorney Atwell will submit all of the findings to the
Board members for their review for the disability hearing process.
Secretary Feldman asked if a new member would be appointed to the Board for
this next disability process. Clerk Gonnella explained that there are two
residents who have submitted their names for the Board and are awaiting their
interview process with two Board of Trustee members. President Birdsall
indicated to the Board that the statement to the public regarding this issue is
that Officer Mucha has filed a disability application with the Oak Brook Police
Pension Board.
Motion by Trustee Badowski, seconded by Secretary Feldman, to authorize
Attorney Atwell to obtain three physicians to represent the Oak Brook Police
Pension Board in the disability application of Officer Randy Mucha. ROLL
CALL VOTE:
Ayes: 4 — President Birdsall, Vice President Hall, Secretary Feldman and
Trustee Badowski.
Nays: 0 — None.
Absent: 0 —None.
4. ADJOURNMENT
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11
Motion by Vice President Hall, seconded by Trustee Badowski, to adjourn the
meeting at 7:20 p.m. VOICE VOTE: Motion carried.
ATTEST:
Secretary
Recording Secretary
BOARD OF TRUSTEES OAK BROOK Page 3 of 3 December 18, 2006
POLICE PENSION FUND Minutes