Minutes - 08/30/2004 - Board of Trusteesbw
MINUTES OF THE AUGUST 30, 2004 SPECIAL
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
APPROVED AS WRITTEN ON SEPTEMBER 28, 2004.
1. CALL TO ORDER:
President Quinlan called the special Board of Trustees meeting to order at 7:20
p.m. in the Samuel Dean Board Room of the Butler Government Center.
2. ROLL CALL:
Village Clerk Gonnella called the roll with the following persons
PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, George T.
Caleel, John W. Craig, Susan Chase Korin and Asif Yusuf.
ABSENT: Trustee Elaine Zannis.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Kenneth Kubiesa,
Village Attorney and Darrell J. Langlois, Finance Director.
3. ADJOURN TO A CLOSED MEETING:
To Discuss the Selection of a Person to Fill a Public Office, as Defined in this
Act, including a Vacancy in a Public Office, when the Public Body is given
Power to Appoint under Law Or Ordinance, or the Discipline, Performance or
Removal of the Occupant of a Public Office, when the Public Body is given
Power to Remove the Occupant under Law or Ordinance
Trustee Aktipis stated that he has been clearly on record for a number of
occasions regarding his hesitancy to go into a closed meeting when discussing
important issues. He stated he would withdraw his objection to go into a closed
meeting only when he is convinced that the particular process of going into a
closed meeting is what is prescribed by exceptions to the Open Meetings Act.
With the new motion, he believes that the Board is covered by the Open
Meetings Act although the previous description did not cover the Board under
that particular Act. He expressed his opposition openly for the record and at the
same time stated if the majority of the Trustees wished to go into a closed
meeting on that issue he would oblige.
Motion by Trustee Korin, seconded by Trustee Caleel, to adjourn the special
meeting to a closed meeting to discuss the selection of a person to fill a public
office, as defined in this act, including a vacancy in a public office, when the
public body is given power to appoint under law or ordinance, or the discipline,
performance or removal of the occupant of a public office, when the public
VILLAGE OF OAK BROOK Minutes Page 1 of 4 August 30, 2004
3. body is given power to remove the occupant under law or ordinance. ROLL
CALL VOTE.
Ayes: 4 - Trustees Caleel, Craig, Korin and Yusuf.
Nays: 1 — Trustee Aktipis.
Absent: 1 — Trustee Zannis. Motion carried.
4. UNFINISHED BUSINESS:
a. TO DISCUSS AND VOTE ON THE SELECTION PROCESS OF A
PERMANENT POLICE CHIEF
President Quinlan reconvened the meeting at 8:34 p.m.
President Quinlan stated for the record after much discussion that the Board of
Trustees has developed an alternative proposal that he will consider over a
reasonable amount of time. It is hoped to have an answer within forty -eight
hours.
Trustee Caleel stated the Board of Trustees met in a closed meeting to discuss
the Village President's compromise of the appointment of a permanent Police
Chief. After further discussion, the Board concurred unanimously with an
alternate solution of the selection of a permanent Police Chief. Their plan is to
contact the Illinois Police Chief's Association to participate in the selection of
five candidates in ranked order. After receiving the names of candidates, the
Board would interview those candidates they have not already interviewed as
well as President Quinlan. The Board would then meet to discuss the ranked
five candidates and have this process completed as expeditiously as possible
within thirty to forty -five days if feasible.
Trustee Caleel remarked that President Quinlan had agreed that the plan had
some merit and would consider the alternate proposal and would respond within
forty -eight hours. This process does not take away from the Board of Trustees
its right to advise and consent.
President Quinlan directed the Village Manager to contact the Illinois Police
Chief's Association to present them with the proposal from the Board of
Trustees including the cost, willingness to participate, time frame and to meet
with the Board as soon as possible.
b. DISCUSSION AND ACTION ON THE VILLAGE ATTORNEY FEES
Trustee Caleel noted that this agenda item was tabled to the next regular Board
meeting. Trustee Aktipis stated that this agenda item could be discussed only at
this time.
VILLAGE OF OAK BROOK Minutes Page 2 of 4 August 30, 2004
4. b.
Trustee Aktipis explained that the total legal budget contains a number of items
including legal services as well as salaries. It was increased from the
approximate figure of $169,000 in 2002 to a cost of approximately $285,000 in
2003 and $225,000 in the 2004 Budget. Those increases were in anticipation of
additional legal costs for outside counsel due to the lawsuit filed by the DuPage
Housing Authority and the DuPage Forest Preserve. Provisions were made so
that sufficient funds would be available to defend the Village from the lawsuits.
The issue he raised with the Village Attorney from the last Village Board
meeting was not the entire legal budget but the fact that at the time the Attorney
was hired upon the recommendation of President Quinlan, that at a closed
meeting Trustee Caleel and he questioned Attorney Kubiesa of his hourly rates.
They felt his hourly rates were much higher than former Attorney Martens and
expressed concerns at that time that this would lead to higher total overall costs
for the Village Attorney. The Village President assured the Trustees that the
legal costs for the Village Attorney would not exceed what the Village was
paying before but in fact may lead to some saving.
Trustee Aktipis indicated that over the last eleven months Attorney Kubiesa has
charged the Village a total amount of $223,769.00 versus $1 02,373.00 from the
previous Attorney. It represents a 120% increase in legal fees. He noted
Attorney Kubiesa's memorandum indicates that he interprets the entire legal
budget as his own budget. The budget is a line item and has specific provisions
for different costs. He remarked that Attorney Kubiesa has implied the threat
that should the Village limit his costs to the previous Village Attorney that he
would sue the Village. He stated he would not be prepared to act this evening
to limit his costs due to his concern that Attorney Kubiesa if he should decide to
sue the Village Board that the Village would be without legal protection. He
stated that President Quinlan and Attorney Kubiesa have previously stated that
they are not prepared to provide legal support for the Village Trustees.
Although he has a great interest in protecting the Village budget, the Village
must have legal protection.
President Quinlan took issue with Trustee Aktipis' comments. He clarified that
Attorney Kubiesa advises the Village President and Board of Trustees as the
Village Attorney. It is not his decision whether to appoint the Board of
Trustees legal counsel for what is perceived to be illegal actions. It is the
Village Presidents decision alone.
Trustee Aktipis asked if the Village Attorney sues the Board for protecting
payments that are excessive and not payments the Board has agreed to, would
he be in the same position or different and would he provide counsel for the
Village and the Board of Trustees. President Quinlan stated he would
VILLAGE OF OAK BROOK Minutes Page 3 of 4 August 30, 2004
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4. b.
determine what his and the Board's legal rights are collectively and make a
decision based on that issue.
Trustee Caleel stated that wherever there is money involved and the Village
Board is sued that they are entitled by representation from IRMA.
President Quinlan stated that this item was tabled by Trustee Caleel for the next
regularly scheduled Board meeting and this was placed on the agenda very late
in the day on Friday. He asked to be allowed enough time for a proper
preparation before the Board discusses the items with any action.
Trustee Aktipis remarked that his intent was to make sure that the Village is not
be ripped off. He asked for the information from the Village Manager two
weeks ago and the Village Manager provided that information. He stated the
Village Attorney was aware of that information for awhile and his intent is to
stop the bleeding and that somehow Attorney Kubiesa is being ambushed is
ridiculous.
President Quinlan noted that Trustee Aktipis used the word "threatened to sue
us" by Attorney Kubiesa as he read the same memorandum and did not see a
legitimate threat. He explained Attorney Kubiesa is performing the Village
Attorney duties which are to advise the Board on the law.
Trustee Aktipis read from Attorney Kubiesa's letter as follows: "My
engagement letter clearly sets out the payment I am entitled to as Village
Attorney. The Boards unilateral change to the terms of payment would be
construed by any court as a breach of the terms of my appointment and an
attempt to remove me as Village Attorney."
Attorney Kubiesa asked that Trustee Aktipis read the entire memorandum.
Trustee Caleel noted that this item was tabled to the next meeting and Trustee
Yusuf suggested the Board needs to review this information further.
5. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the special
meeting at 8:48 p.m. VOICE VOTE: Motion carried.
ATTEST:
ea- ZY
Linda K. Gonnella, CMC e-1110 �r
Village Clerk � �,, 11
VILLAGE OF OAK BROOK Minutes Page 4 of 4 August 30, 2004
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