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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 el*- F i' 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 0--�