Loading...
Minutes - 07/16/2004 - Board of Trusteesn N MINUTES OF THE JULY 16, 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. 1. CALL TO ORDER The Special Meeting of July 16, 2004 was called to order by President Quinlan at 3:30 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 Korin, Asif Yusuf and Elaine Zannis. ABSENT None. IN ATTENDANCE: Richard B. Boehm, Village Manager, Kenneth T. Kubiesa, Village Attorney and Jeffrey Moline, Assistant Village Manager. 3. UNFINISHED BUSINESS: a. Motion Relative to Continued Employment and Payment of Salary and Benefits to Mr. John Carpino Motion by Trustee Korn, seconded by Trustee Zannis, pursuant to Section 1 -5A- 2A of the Oak Brook Village Code that the corporate authorities direct the Village Manager to take all necessary actions and process the required paper work to discontinue the payment of salary and benefits to Mr. John Carpino effectively immediately. President Quinlan announced that the motion is out of order Motion by Trustee Caleel, seconded by Trustee Korin, to appeal President Quinlan's ruling that the motion is out of order. ROLL CALL VOTE: Ayes: 6 - Trustees Aktpis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 -None. Absent- 0 - None Motion carried. Trustee Yusuf voted Present which indicates a vote with the majority. President Quinlan asked for a roll call vote on the original motion. Motion by Trustee Korin, seconded by Trustee Zannis, pursuant to Section 1 -5A -2A of the Oak Brook Village Code that the corporate authorities direct the Village Manager to take all necessary actions and process the required paper work to discontinue the payment of salary and benefits to Mr. John Carpino effectively immediately. ROLL CALL VOTE: Village of Oak Brook Special Meeting Minutes Page 1 of 4 July 16, 2004 3. a Ayes: 6 - Trustees Aktpis, Caleel, Craig, Korin, Yusuf and Zannis.. Nays: 0 - None. Absent: 0 - None. Motion carried. Trustee Yusuf voted Present which indicates a vote with the majority. Once again for the record, President Quinlan stated the motion was out of order. Trustee Zannis asked that Mr. Carpino, according to the wishes of the Village Board, will not receive compensation. President Quinlan indicated that this is for discussion between the Village Manager and the Board of Trustees. Village Attorney Kubiesa explained that the motion and action is illegal and improper and he needs to discuss this further with the Village Manager since the motion is to direct the Village Manager. Attorney Kubiesa will consult with Manager Boehm and Manager Boehm will make the decision as to what he needs to do under those circumstances. Trustee Aktipis asked if Attorney Kubiesa had consulted with the Village Manager since that motion was also passed several days ago. He indicated that he had not consulted with him. Trustee Zannis stated it was her understanding that he would consult with him the next morning as the Board had asked for an answer at Tuesday's special Board meeting. Attorney Kubiesa explained that the Board had issued another special meeting agenda with a motion for this afternoon with a similar item on the agenda. He did not know what the Trustees who proposed this were going to discuss at today's meeting. He did feel it was necessary to discuss the other motion as the Board may have changed. Trustee Aktipis stated to Attorney Kubiesa, as he recalled, was that the Board passed a motion legally and the Attorney had no reservations of the legality about the motion and the legal enforceability of it Trustee Zannis asked if Mr. Carpino is expected to be here on Monday. President Quinlan indicated he would be working on Monday. Trustee Zannis inquired if he is not employed and has no benefits, why would he be working. President Quinlan reiterated again that the Board's motion is out of order and their action is out of order and illegal. Trustee Caleel mentioned again for the record, that the Village Board has previously passed a motion indicating that there will be no additional new positions or any infraction of the budget as it currently exists. The addition of Mr. Carpino's employment is an additional budget item Village of Oak Brook Special Meeting Minutes Page 2 of 4 July 16, 2004 3. a. President Quinlan stated he disagreed with his supposition and it is obvious at this point that the Board wishes to take this to a court of law and the Board is welcome to do that process. Trustee Korin remarked that the majority of the corporate authorities have given the Village Manager direction to do something and he is expected to do it. President Quinlan may disagree and perhaps the Village President should take the Board of Trustees to court to enforce it. The Board is not addressing the appointment of this individual but the employment. She stated there was never an employment contract made, signed, or approved by the Board of Trustees to allow the expenditures of some $90,000 plus benefits of this individual. Therefore, he is not truly employed by the Village of Oak Brook as the Board has reiterated that it will not release any further expenditure for this individual and he is not covered by salary or benefits. He is not covered by the Village's insurance and it is a liability for the Village. Motion by Trustee Zannis, seconded by Trustee Atkipis, to direct the Village Manager to ask Mr. Carpino not to come to work on the Village premises until the legal issues are resolved. President Quinlan stated that the motion is out of order. Motion by Trustee Caleel, seconded by Trustee Korm, to appeal President Quinlan's ruling that the motion is out of order. ROLL CALL VOTE: Ayes: 5 - Trustees Aktpis, Caleel, Craig, Korin and Zannis. Nays. 1 — Trustee Yusuf. Absent: 0 - None Motion earned. President Quinlan then asked for a roll call vote on the out of order motion. Motion by Trustee Zannis, seconded by Trustee Atkipis, to direct the Village Manager to ask Mr. Carpino not to come to work on the Village premises until the legal issues are resolved. ROLL CALL VOTE: Ayes: 5 - Trustees Aktpis, Caleel, Craig, Korin and Zannis. Nays: 1 — Trustee Yusuf Absent- 0 - None. Motion carried President Quinlan then stated, for the record, that the previous motion was out of order based on the opinion of the legal counsel representing the Village of Oak Brook. 4 RECESS TO CLOSED MEETING a. For the purpose of considering the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body Village of Oak Brook Special Meeting Minutes Page 3 of 4 July 16, 2004 4. a. Motion by Trustee Caleel, seconded by Trustee Konn, to recess the special meeting at 3:42 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 Zanms. Nays: 0 - None Absent: 0 - None. Motion carved. 5. ADJOURNMENT- Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the special meeting at 5:00 p.m. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnella, CMCC�� J' Village Clerk Village of Oak Brook Special Meeting Minutes Page 4 of 4 July 16, 2004