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Minutes - 05/15/2007 - Board of TrusteesMINUTES OF THE MAY 155 2007 SPECIAL MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN JUNE 265 2007. 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: None. IN ATTENDANCE: Jeffrey P. Moline, Acting Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Margaret Klinkow Hartmann, Library Director; Darrell J. Langlois, Finance Director; Thomas McEllin, Deputy Fire Chief, Michael J. Meranda, Public Works Director; Nelson Patras, Bath & Tennis Club Operations Manager; Thomas Sheahan, Chief of Police; Mark Sterk and Patricia Horne. RESIDENT /VISITOR COMMENT President Craig indicated that Resident/Visitor Comment had been inadvertently left off of the Agenda. He asked the Board if anyone had an objection to provide residents an opportunity to speak in the Agenda and asked for a motion to that effect. Motion by Trustee Manofsky, seconded by Trustee Carson, to include the resident /visitor comment in the Special Meeting. VOICE VOTE: Motion carried. 3. PRESIDENT'S OPENING COMMENTS President Craig complimented Village staff for making his transition from Trustee to President seamless and enjoyable. President Craig addressed his appointment of Patricia Horne to the position of Acting Village Manager indicating that it was well within his powers as the newly elected Village President to make that appointment. He added that Ms. Home's appointment is temporary. With that appointment, he indicated that Jeffrey Moline's tenure as Acting Village Manager ceased, but Mr. Moline continues as Assistant Village Manager. 3. President Craig reiterated the issues on which he campaigned which included his concern VILLAGE OF OAK BROOK Minutes Page 1 of 6 MAY 15, 2007 for excessive legal fees, disastrous losses in court, ethics reform legislation and increasing the openness and transparency of Village government. President Craig announced that on May 14th, as was his right under state law, he removed Kenneth Kubiesa as Village Attorney and in the interim appointed the firm of Odelson and Sterk as the Acting Village Attorney firm. President Craig addressed issues with Mr. Kubiesa and his involvement in the dispute by a contingent of Village Trustees relative to his appointment of Ms. Horne as Acting Village Manager. President Craig reiterated his pledge that his administration would be transparent and explained his release of information relative to representation by the Village's risk management agency. President Craig indicated that trustees have expressed interest in various liaison positions, but that he was going to defer appointments to a later date. RESIDENTNISITOR COMMENT Resident Michelle Dicanio, a long time resident of Oak Brook read a statement from resident Kathy Maher. Her statement expressed concern for personal agendas of board members. She asked that members try to work out their differences without using litigation. 4. VILLAGE BUSINESS AND UPDATES President Craig announced that he was withdrawing Items 4. D., Review of Title 2, Chapter 2, Section 1 and Section 5, of the Oak Brook Village Code, Board of Fire and Police Commission, Specifically, Composition and Powers and Duties, and 4. E., Approval of a Resolution Establishing an Oak Brook Transitional Committee, from the Agenda. A. APPOINTMENT OF ACTING VILLAGE ATTORNEY President Craig asked Mr. Mark Sterk to join him at the dais and appointed the firm of Odleson and Sterk as Acting Village Attorney. B. APPOINTMENT OF ACTING VILLAGE MANAGER President Craig appointed Ms. Patricia Horne as Acting Village Manager. Trustee Kennedy suggested that this matter being a personnel issue should be discussed in a Closed Meeting because it can only be fairly discussed in a Closed Meeting. President Craig did not agree that this should go into Closed Meeting. 4. B. Motion by Trustee Kennedy, seconded by Trustee Wolin, to adjourn to Closed VILLAGE OF OAK BROOK Minutes Page 2 of 6 MAY 15, 2007 Meeting to discuss the appointment of the Acting Village Manager. ROLL CALL VOTE: Ayes: 3 - Trustees Carson, Kennedy and Wolin. Nays: 4 - Trustees Manofsky, Sanford, Saiyed and President Craig Absent: 0 - None. Motion failed. Trustee Sanford expressed his belief in open government, however his concern regarding the action taken was that the press and the public were all informed of this action, but the Board had been neglected and was unaware of the appointment. He indicated that the previous Board had agreed to have a search committee find a new Village Manager and in the meanwhile appointed Jeff Moline as Acting Village Manager. He reported that the process was well underway and that shortly the Board would be receiving initial resumes. His concern was for the appearance of the action taken in that there was not a budgeted position available nor did there appear to be a reason for making the change. He felt that the action gave the appearance of political appointments, politics and clout. If there was a concern he felt that the Board should have been consulted, but they were completely left out of the decision. Trustee Carson concurred with Trustee Sanford and added that the Board wanted to work with President Craig and be part of the process, but not through another individual. Trustee Saiyed also concurred, wished to work with President Craig, but expressed his concern for working with other unknown individuals during meetings with President Craig. He expressed that he felt it was important to have someone in the Village Manager position who understands the law, procedures and the Village Code. Trustee Wolin expressed his desire for teamwork, but indicated that it should work in both directions. He expressed his concern that he learned about the changes being made through telephone calls made to him from the press. His concern was not for the individual, but for the qualifications for the position because the Village Manager position requires some very specific and specialized skills. The Board has not been made aware of Ms. Horne's qualifications and everything that has been stated was that Jeff Moline was doing a superb job as Acting Village Manager. He also felt that bringing someone in for a two month period is very unproductive and that it would take away from tasks at hand to bring someone up to speed. Trustee Kennedy concurred with all that the previous trustees had said, but added that he had had an opportunity to work with Jeff closely since he was appointed as Acting Village Manager and indicated that Jeff has done a tremendous job as acting Village Manager and should be retained in that position. He added that he was getting a number of calls from people doing business with the Village who were concerned about the turmoil in the manager's position in Oak Brook. It was felt that there was a lack of stability and they were wondering if they should proceed with existing projects. 4. B. He stated that under state statute 65 ILCS 5- 3.1 -35 -10 the Village President does VILLAGE OF OAK BROOK Minutes Page 3 of 6 MAY 15, 2007 have the authority to remove an appointed official, but if the corporate authorities by 2/3 vote of all members authorized by law disapprove of the removal the officer shall be restored to the office from which he was removed. Therefore, the Board does have the ability to restore Jeff Moline to the position of Acting Village Manager. He added that Judge Duncan indicated during an injunction hearing that if the Board does not resolve the issue this evening, the court will decide the issue. Motion by Trustee Kennedy, seconded by Trustee Carson, that effective immediately, the Village Board reinstate and reappoint Jeffrey P. Moline to the office of Acting Village Manager following the board's unanimous appointment of him in Resolution 2007- BOT -VMR -R -973 and his recent removal by President Craig. Mr. Moline shall have all authority of the office of Village Manager, including, but not limited to the duties established for the Village Manager in Section 1 -5A -3 of the Village Code and the purchasing authority granted to the Village Manager in Section 1 -5A -4 of the Village Code. Said appointment shall remain in effect at the pleasure of the Board until a permanent Village Manager is appointed and assumes that office. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. Trustee Carson asked President Craig to explain why he removed Jeff Moline from the position of Acting Village Manager. President Craig responded that Mr. Moline had not applied for the position of Village Manager. President Craig suggested that Patricia Horne explain her credentials. Ms. Horne indicated that the Village was having difficulty with the Intergovernmental Risk Agency and the reasons for that were personnel issues that exist in the Village. She explained that her experience as Chief Deputy Clerk or Director of Labor Relations for the Clerk of the Circuit Court of Cook County put her into the position to be able to respond to the concerns of IRMA in an immediate way by taking immediate steps to address their concerns. She added that her experience included a program of zero tolerance for harassment and retaliatory behavior. This was a concern for IRMA along with other issues which IRMA does not want addressed in a public forum that she has experience dealing with. It had also been suggested that as a result of other legal jurisdiction cases it would be advisable to bring someone in from the outside who was not involved with the administration when some of these incidents occurred. She was asked to come into the Village on a temporary, acting basis in order to deal with a number of emergent issues which they had not wanted to discuss more extensively in public. 4. B. Trustee Wolin stated that the issues Ms. Horne addressed definitely needed to be VILLAGE OF OAK BROOK Minutes Page 4 of 6 MAY 15, 2007 addressed, but he felt that Jeff Moline had the skills to be the Acting Village Manager because he can address the wide scope of issues that need to be addressed. He suggested that Jeff Moline be reinstated as the Acting Village Manager and that the Board work out an arrangement for the next two months with Pat Horne to assist with the legal issues with IRMA and whatever else she has a specialized skill set for. Trustee Manofsky concurred with Trustee Wolin's suggestion because she felt the Board and President Craig have need of Ms. Horne's expertise on a temporary basis. Trustees Carson and Saiyed concurred. Motion by Trustee Wolin, seconded by Trustee Kennedy, to hire Patricia Horne to serve as a Special Assistant to President John Craig for legal matters and other appropriate matters for a term not to exceed sixty days. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. Trustee Kennedy suggested that Board members be included in the discussion of defining her title, role and responsibilities. Trustees Wolin and Saiyed volunteered to take part and have a recommendation ready by the next scheduled meeting. Trustee Kennedy reported that he had spoken regarding potential law firms for the Village with President Craig and they had agreed that the same procedure should be used for hiring counsel as is done for hiring all other professionals which is issue a request for qualifications and invite excellent law firms to submit their qualifications and be interviewed by the Board and come to a consensus. Discussion ensued regarding transition of current litigation or projects. Acting Village Manager Sterk commented on how his firm would handle transition indicating his philosophy was one of transition, not a takeover. He indicated that his firm would review each litigation and project and determine whether it was feasible for their firm to take over or if the project was more than halfway completed have the current attorney complete the project with their firm monitoring the progress. Motion by Trustee Kennedy, seconded by Trustee Sanford, that the Village Board authorize the law firms of Seyfarth Shaw and Kubiesa, Spiroff, Gosselar & Acker to continue representing the Village on a contractual basis for pending litigation, prosecution, employment matters, and other pending matters until those matters are concluded or until further direction by the Board, and for other special matters as authorized by the Board. Trustee Manofsky had a concern with the motion and would prefer to have Attorney Sterk oversee those matters. Attorney Sterk suggested that the Board wait to make a decision until he can advise the Board on each of these matters. Trustee Kennedy withdrew his motion. 4. C. LEGAL & INDEMNIFICATION ISSUES PERTAINING TO VILLAGE OF OAK VILLAGE OF OAK BROOK Minutes Page 5 of 6 MAY 15, 2007 I: Mole" President Craig indicated that his topic would be addressed in the Closed Meeting. President Craig previously announced that the following two items were being withdrawn. D. Review of Title 2, Chapter 2, Section 1 and Section 5, of the Oak Brook Village Code, Board of Fire and Police Commission, Specifically, Composition and Powers and Duties E. Approval of a Resolution Establishing an Oak Brook Transitional Committee 5. ADJOURN TO CLOSED MEETING IF NECESSARY — To consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11) and to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1). Motion by Trustee Manofsky, seconded by Trustee Kennedy, to adjourn to Closed Meeting to discuss the Legal & Indemnification Issues Pertaining to Village of Oak Brook at 8:33 p.m.. ROLL CALL VOTE: Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 0 - None. Motion carried. 6. RECONVENE President Craig reconvened the Special Meeting of the Board of Trustees at 9:20 p.m. 7. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Manmofsky, to adjourn the Regular Meeting of the Board of Trustees at 9:21 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K. Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 6 of 6 MAY 15, 2007