Minutes - 07/06/2004 - Board of Trustees1.
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MINUTES OF THE JULY 65 2004 SPECIAL MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK UNOFFICIAL UNTIL
APPROVED AS WRITTEN OR AS AMENDED JULY 135
2004.
CALL TO ORDER:
The Special Meeting of the Village Board of Trustees was called to order by
President Quinlan in the Samuel E. Dean Board Room of the Butler
Government Center at 5:30 p.m. The Pledge of Allegiance was given.
ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and
Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager and Kenneth
Kubiesa and Mary Ann Carden, Village Attorneys.
DISCUSSION OF TEMPORARY APPOINTMENTS:
President Quinlan stated that State Statute provides that the Village President
has the authority to appoint an acting or temporary Police Chief when the
Village President determines it to be necessary. This action was taken due to
the concern of manpower and public safety. He explained that the Police
Department is without a Support Services Lieutenant with the retirement of the
Village's Police Chief and Deputy Police Chief. At the end of July also Sgt.
Alan Borkevec, Police Accreditation Sergeant, who has been acting out of class
as the Support Services Lieutenant for a short period of time will retire. Sgt.
Borkevec has postponed his retirement for a period of two months to assist the
Village during this time but his decision to leave the department is final at the
end of July. This would leave four of the top command positions in the
Village's Police Department open which President Quinlan considered as a
serious threat to the public safety of the Village of Oak Brook and one that
needed to be acted upon quickly during the interim.
He further explained as he reviewed the Village Board's process for hiring a
new Police Chief, it became apparent to him that the process would continue
for a few months for the Board to arrive at a final decision as it had already
taken two months at this point. Even though Village Manager Boehm had
created an interim chain of command, looking at the overall effect with the
VILLAGE OF OAK BROOK Minutes
Page 1 of 4 July 6, 2004
CALL TO ORDER
ROLL CALL
DISC APPTMTS
3. additional loss of Sgt. Borkevec at the end of July, it became apparent that
public safety needed to take a foremost stance in any of the processes. With
those thoughts in mind, that is why he appointed Acting Police Chief John M.
Carpino to a position he currently holds.
Trustee Zannis explained that she requested this meeting to be called to
understand the functional differences between an Acting Police Chief and a
permanent Police Chief. President Quinlan remarked that the Acting Police
Chief would be operating in a temporary capacity to secure that the chain of
command is intact and that the Village has the necessary services to support
public safety in this Village. A permanent Police Chief is someone who has
been permanently appointed and agreed upon by the Village Board to act in that
position and in the long term strategy planning of the Police Department. An
acting person would not rearrange the department structure or make any serious
command decisions.
Trustee Korin asked if the Acting Police Chief would have the opportunity to
be given direction to fill the open position. President Quinlan stated that
technically he would have the authority but it is not his intention to do this as it
is the decision of the Village Board who decides whomever to appoint as the
permanent Police Chief. That person would create their department and
command positions.
Trustee Korin asked how the Acting Police Chief differs from the Interim
Police Chief held by Lieutenant Larson. President Quinlan explained that
currently two people are doing the work of five police personnel. At the end of
July there would only be one person remaining to do this work. Lt. Larson had
expressed his concern that some things could not be done even in a short period
of time that a public safety problem could occur. With the loss of Sgt
Borkevec more things could occur and therefore in the interest of public safety
he took this action.
Trustee Korin asked that in the future that if any permanent or acting
department heads had those concerns that those should be passed to this Board.
President Quinlan stated that this was a fair request.
Trustee Korin asked that the Village Board consider and act on the following
motion relative to the situation involving the Village's search for a permanent
police chief and the recent appointment of Lieutenant Larson as Interim Police
Chief:
I move that this Village Board, seconded by Trustee Caleel, including its
Village President and each individual Trustee, act only as a collective body,
which is required by State law and the Oak Brook Village Code, in the hiring of
VILLAGE OF OAK BROOK Minutes Page 2 of 4 July 6, 2004
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3. a permanent Police Chief and that each Board member agree as follows: each
Board member agrees to actively participate in the selection, interview and
hiring process of a permanent Police Chief so that the best candidate to serve
the Village residents, property owners, business and the public can be selected;
each Board member agrees to follow the directive contained in Section 3 -1 -2A
of the Oak Brook Village Code, which states that the Police Chief shall be
appointed by the Village President and approved by the Board of Trustees on
the basis of merit, fitness and experience; each Board member agrees to
immediately stop any pending negotiations with Mr. Carpino and refrain from
any further negotiations with Mr. Carpino or any other person who the Board
member desires to hire as acting Police Chief or a permanent Police Chief; each
Board member agrees that Mr. Carpino has not been hired as and shall not
continue to act as Police Chief of the Village of Oak Brook; and each Board
member agrees to support Lieutenant Larson as Interim Police Chief to ensure
the efficient and effective operation of the Police Department until a new Police
Chief is hired.
President Quinlan stated that the motion is out of order as it is not on the
agenda.
Attorney Kubiesa explained that the Board meeting was called as a special
meeting and any action by the Village Board according to the Open Meetings
Act must be listed on the agenda for action. This motion was not listed on the
agenda for this special meeting.
Trustee Zannis responded for the record that she submitted very specific
language for this meeting and was clear in her intent to the Village Manager
and requested no encumbrances.
President Quinlan then discussed the Board's request to remove Acting Police
Chief Carpino and reinstate Lieutenant Larson into that position. State Statute
provides that the Village President has the authority to appoint an Acting Police
Chief if necessary, therefore, the appointment stands.
Trustee Korin stated the Village had an Interim Police Chief appointed by
Manager Boehm. She asked if the Interim Police Chief is the same as an
Acting Police Chief without going through the Commissions.
Trustee Zannis noted that a motion had been made and wished to proceed.
She indicated that at a future time the President may dispute that they are out of
order but that the Board wishes to make a statement.
Attorney Kubiesa cautioned the Village Board that the chair has ruled. It is for
the Board to determine if they wish to appeal the ruling of the chair but stated
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that if the Board proceeds that this is a violation of the Open Meetings Act.
This is a situation that could have some criminal consequences and he warned
the Board to consider seriously proceeding due to the circumstances.
Trustee Caleel stated that another special meeting be held and that the agenda
specifically stated as to what is to be discussed and action taken. He asked that
the meeting be held at 5:30 p.m. this Friday, July 9, 2004. The agenda must list
the appointment of Mr. Carpino and know the financial arrangements of his
engagement and the Board would take action of the Police Department's
budget. Trustees Aktipis, Craig, Korin and Zannis agreed to the meeting.
Attorney Kubiesa commented that he would provide the Board of Trustees his
legal opinion of President Quinlan's appointment of the Acting Police Chief.
Trustee Zannis requested that this be in writing and to be discussed at the
special Board meeting on Friday.
ADJOURN TO CLOSED MEETING: ADJRN TO CLOSED
MEETING
The Board adjourned the special meeting at 5:47 p.m. prior to the noticed time
of the special closed meeting at 6:00 p.m.
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at
5:47 p.m. VOICE VOTE: Motion carried.
Motion by Trustee Craig, seconded by Korin, to adjourn to a closed meeting at
6:01 p.m. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktpis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ADJOURNMENT: ADJRN
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the special
meeting at 6.21 p.m. VOICE VOTE: Motion carried.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes
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