Minutes - 07/09/2004 - Board of TrusteesMINUTES OF THE JULY 97 2004 SPECIAL MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE
BOARD ON JULY 27, 2004.
CALL TO ORDER
The Special Meeting of July 9, 2004 was called to order by President Quinlan at
7:30 p m. in the Samuel E. Dean Board Room of the Butler Government Center.
Pledge of allegiance was given.
2. ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, George Caleel,
John W. Craig, Susan Chase Korn, Asif Yusuf and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager and Kenneth T.
Kubiesa, Village Attorney.
President Quinlan announced before addressing the Board's agenda if the Board
of Trustees wished to adjourn to a closed meeting. Hearing no motion to adjourn
to a closed meeting, President Quinlan commented of his responsibility to the
residents, corporate entities and visitors to Oak Brook. He stated when elected he
promised to exercise strong leadership to enhance and protect the Village of Oak
Brook. He indicated that the Village has accomplished stabilization of the Village
financially, resolved issues in the Fire Department, delivered new contracts for
the public safety employees, welcomed more people to the Library and Sports
Core facilities. A new issue before this Board has become divisive which is
regrettable and unnecessary. He stated there is no more important function in Oak
Brook government than providing for the public safety of the Village, whether it
is protection from fires or crime. Village residents must always be assured that
the members of this Board, have put into place adequate measures to protect their
public safety. He has sworn to ensure that the Village government is meeting the
needs of its citizens. Oak Brook should not be without experienced police
leadership in case of a crisis The Board has been aware of the need to recruit a
new Police Chief since Police Chief Pisarek's retirement in April. His decision
to take personal time advanced his department from the Oak Brook Police
Department that made more urgent to identify his successor.
President Quinlan explained that the Police Department has been without a Police
Chief and Deputy Chief for more than a month. When Chief Pisarek retired, a
recruiter was hired and a replacement search began. Many qualified candidate
resumes were received and some interviews have been conducted. The selection
process continues to date and it is one of his top priorities to ensure that this
process moves forward in a timely manner. He indicated it is not acceptable to
Village of Oak Brook Special Meeting Minutes Page 1 of 7 July 9, 2004
2.
himself or the community of a failure on the Board's part to fulfill the duty to
protect the community and provide the leadership that the men and women in the
Village's police ranks need. He recognized that some people take an exception to
the appointment of John M. Carpino as Acting Police Chief. He accepts that and
remarked that the decision could have been handled in a way that was more
politically correct. He made that decision because he recognized that the
selection process would continue, the Village had been without a Police Chief and
Deputy Chief too long and public protection must come before the continuing
selection process. He stated that after the most recent selection meeting of the
Board of Trustees, it was clear the selection process would take several more
months and may go into fall. He reiterated that he took an oath to act in the best
interest of the residents of Oak Brook including taking all steps necessary to
ensure their safety. He further explained that Illinois State Statute places upon
him as the Village President the authority to appoint an Acting Police Chief. In
this situation before a crisis occurred, he felt it was his obligation to act in the
interest of the residents and the community by naming an Acting Police Chief.
He also commended the men and women of the Village's police force for their
dedication of service to this community in the absence of leadership. He noted
that John Carpino was identified as a qualified candidate in the search process for
a new Police Chief and has risen through the ranks of several police departments
and risen to the rank of Police Chief of Willow Springs. He is serving in this role
as he has demonstrated his leadership, knows what needs to be done and will
work tirelessly for the Village residents.
3. UNFINISHED BUSINESS:
a. Consideration of and vote on a motion pertaining to the search for a
permanent Police Chief and appointment of Interim and Acting Police Chief
Trustee Caleel explained that the Board was in the process of selecting a Police
Chief of which Mr. Carpino was one of the candidates. Appointing him as
Acting Police Chief in the face of being a candidate and indicating he was one the
most exceptional candidates when the Board had only interviewed two or three
compromises the selection process. He further explained that the Board was not
aware of the appointment until they received a press release and the Board would
have liked to discuss the appointment in advance and come to a better solution.
He indicated there may be an effect on the recruitment of a new Police Chief with
this temporary appointment.
Trustee Caleel remarked that former Chief Pisarek agreed to retire and would
serve until a successor was appointed. He understood that he is currently taking
vacation time and did not abandon his position. He indicated the Board wants to
work with President Quinlan but should be included in the decision making
process for selecting a new Police Chief. He remarked that there is no budgetary
allowance for an Acting Police Chief. Without consulting the Board, he indicated
Village of Oak Brook Special Meeting Minutes Page 2 of 7 July 9, 2004
3. a.
that presumably a contract was signed for $90,000 for this position. That would
have been money the Village paid the Police Chief but the former Police Chief
has been given six month severance and payment for his vacation time and
accorded him other benefits relative to his insurance. Trustee Korn then stated
the following motion.
Motion by Trustee Korin, seconded by Trustee Zannis, that this Village Board
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 a permanent Police Chief and that each Board member agrees to the following:
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, businesses, and 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 that Mr. Carpino has not been
hired as and shall not continue to act as Acting Police Chief of the Village of Oak
Brook; and that each Board member agrees to support Lieutenant Larson as
Interim Police Chief to insure the efficient and effective operation of the Police
Department until a new Police Chief is hired.
President Quinlan stated that 75% of the command staff is vacant on the Oak
Brook Police Department that your motion did not address which he believes
leaves a huge void. He announced that points 3, 4 and 5 of the motion are out of
order.
Attorney Kubiesa explained that points 3, 4 and 5 of the motion attempt to
overturn the Village President's appointment.
Trustee Korn remarked that it is not a motion of final action but it is a motion to
entitle to elicit agreements of this Board to work in a collaborate effort to not
compromise the selection process of the Village's future permanent Police Chief.
She stated that Attorney Kubiesa holds a position and read his brief that he finds
President Quinlan's appointment to be legal. She indicated that the five Trustees
have received good legal advice that it is not a legal appointment.
Attorney Kubiesa stated that if the Board of Trustees does not agree with the
President's ruling of a motion out of order they may reverse that by an appeal to
itself. This Board may appeal to itself the ruling by the Village President and
over rule it and only a court of law may resolve these legal issues.
Trustee Caleel asked if former Chief Pisarek is taking vacation time. Manager
Boehm stated that Chief Pisarek is on severance time according to the settlement
agreement. Originally former Police Chief Pisarek had agreed to stay and have
Village of Oak Brook Special Meeting Minutes Page 3 of 7 July 9, 2004
'IV,/, —
3. a.
his retirement date of July 4, 2004. He would take vacation time from his 30th
anniversary date of employment, which was June 24, 2004, but he left prior to
that date when he determined that the Board was not in favor of certain matters he
was seeking as part of a separation package. He did notify several days in
advance of his stated leaving date to Manager Boehm stating he was taking "his
personal days ". So he in fact did leave ahead of schedule time and well in
advance of the June 24, 2004 date that he had initially indicated. He did receive
payment for his vacation time but his departure did necessitate Manager Boehm's
action' in the Police Department on that date. , The Board was informed of
Manager Boehm's appointment of Lt. Larson as part of the interim chain of
command in the Police Department.
Trustee Konn stated that the majority of the Board of Trustees does not believe
former Police Chief Pisarek abandoned his position according to law and
therefore they construe the appointment not to be made through legal authority.'
Attorney Kubiesa indicated that he does believe the former Police Chief did
abandon his position.
Trustee Caleel noted that the Board is concluding the search process. Manager
Boehm stated that the Village has received new resumes which are included in the
Board's packet this evening.
Trustee Yusuf explained that some time in June the Board was notified that
former Police Chief Pisarek would use up his personal time until his scheduled
retirement date and believed he would not be returning to perform his duties.
Manager Boehm explained that this is correct and that it is usual and customary
for department heads may take personal and vacation time. He indicated
normally, you have a successor or chain of command as a Deputy Chief in place
whose charge is to take over the duties when the Chief leaves. That did not occur
so he then appointed Lt. Larson as the Interim Police Chief.
Trustee Yusuf noted for a point of clarification, shortly after former Police Chief
Pisarek retired, the Village had a strong and certain indication that he was not
returning to his duties at any time. Manager Boehm indicated that the Chief
wanted his retirement date to be July 4 and would stay until June 24, 2004 and
take vacation time between those dates. President Quinlan and he met with the
former Chief. The former Chief was disappointed that the Board of Trustees did
not afford his request in full as he had agreed to stay on for a short period of time
but then left in advance of that by calling in for his personal days.
A
Trustee Caleel noted that former Police Chief Pisarek had requested one -year
salary and insurance for himself and his wife until they turned 65 as part of the
severance package. The Board could not agree to that request as it seemed
excessive.
Village of Oak Brook Special Meeting Minutes Page 4 of 7 July 9, 2004
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3. a.
Trustee Zannis remarked of former Police Chief Pisarek's dedication and
reputation to Oak Brook, clearly that if the Board had to have some one in that
position, that the former Chief would have come back until a replacement was
made. She did not know if the Village extended him that courtesy.
President Quinlan explained that Manager Boehm and he met with the former
Chief and requested him to fulfill the position until a successor was named and he
declined
Trustee Caleel called the question for a vote. President Quinlan reminded him
that the motion was out of order. Attorney Kubiesa indicated that the motion
could state to reverse the Village President's ruling.
Motion by Trustee Zannis, seconded by Trustee Korin, to reverse the Village
President's ruling that points 3, 4 and 5 of the previously stated motion were out
of order. ROLL CALL VOTE-
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Konn and Zannis.
Nays: 1 -Trustee Yusuf.
Absent: 0 - None. Motion carried.
President Quinlan indicated there was a previous motion on the floor. With the
Board reversing the Village President's ruling, President Quinlan called for a
ROLL CALL VOTE on the first motion as indicated below.
Motion by Trustee Korin, seconded by Trustee Zannis, that this Village Board
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 a permanent Police Chief and that each Board member agrees to the following:
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, businesses, and public can be selected; each
Board member agrees to follow the directive contained 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 under the basis of merit,
fitness and experience; each Board member agrees that Mr. Carpino has not been
hired as and shall not continue to act as Acting Police Chief of the Village of Oak
Brook; and that each Board member agrees to support Lieutenant Larson as
Interim Police Chief to insure the efficient and effective operation of the Police
Department until a new Police Chief is hired ROLL CALL VOTE:
Ayes: 5 - Trustees Aktpis, Caleel, Craig, Korin and Zannis.
Nays: 1 - Trustee Yusuf
Absent: 0 - None. Motion carried.
b. Presentation by Finance Director and Village Attorney relative to employment
Village of Oak Brook Special Meeting Minutes Page 5 of 7 July 9, 2004
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3. b.
status of John Carpino including but not limited to: salary paid to -date;
employment contract; when and by who it was signed
Manager Boehm indicated in the absence of Finance Director Langlois, who was
on a scheduled vacation, the Board had asked to provide information relative to
Acting Police Chief Carpino. The Board was sent exhibits to their homes. The
packet involved information on what the Village uses for employment. It
included a Personal Action Report to establish a payroll process. Acting Police
Chief Carpino was appointed by the Village President on July 1, 2004, providing
for a salary of $90,000 at the Manager's discretion and within the Police Chief
salary range. The Police Chiefrange is $74,315- $107,739. Also the top of grade
Police Lieutenant salary range is $86,963 per year. Lt. Larson, while acting in the
capacity as Interim Police Chief, was paid an additional 5% stipend to work out of
class as provided by Village Code. That salary with stipend' was equivalent of
$91,311 per year. The Board was also provided with the official oath given to
John Carpino as Acting Police Chief, his earning statements paid on July 8, 2004
for two days of service and a report from Finance Director Darrell Langlois of his
employment costs. The employment costs include the detailed salary, social
security benefits, Medicare, IMRF (Illinois Municipal Retirement Fund) and life
insurance that began with his first day of work according to Village policy.
Vision insurance would begin one month from his date of employment while
health and dental insurance would begin 90 days from start of employment.
4. RECESS TO A CLOSED MEETING:
a. For the purpose of considering the appointment, employment, compensation,
discipline, performance or dismissal of specific employees of the public body
Motion by Trustee Caleel, seconded by Trustee Zannis, to recess the special
meeting at 8:00 p.m. to a closed meeting for the purpose of considering the
appointment, employment, compensation, discipline, performance or dismissal of
specific employees of the public body. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktpis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
5. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the special
meeting at 9,15 p.m. VOICE VOTE: Motion carried.
Village of Oak Brook Special Meeting Minutes Page 6 of 7 July 9, 2004
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook Special Meeting Minutes Page 7 of 7 July 9, 2004