R-1304 - 10/08/2013 - CLOSED MTG MINUTES - Resolutions Supporting Documents ITEM 6.F.9.)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
October 8, 2013
SUBJECT: Release of Certain Closed Meeting Minutes to the General Public -- 2004-2005
FROM: Charlotte K. Pruss, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to approve Resolution R-1304, A Resolution
Approving the Release of Closed Meeting Minutes
Background/14istory:
The Open Meetings Act (S ILLS 12012.06) requires that all public bodies periodically, but no
less than semi-annually, review minutes of all of its closed session minutes that have not been
released to the public. The Board of Trustees must therefore review the closed session minutes,
or the parts thereof, from its 2004 through 2005 meetings that have been approved, but not
released to the public. Under the Open Meetings Act, to "release" closed session minutes merely
means that the Board has determined that there is no longer a need to maintain the minutes as
confidential.
A. Minutes to be Released.
The closed session minutes from 2004 through 2005 primarily involve discussion of litigation
matters that have now been resolved, including the litigation involving former Trustee Aktipis
and former Village Attorney Kubiesa, and the DuPage Housing Authority case. Given the
sensitivity at one time of these matters,we wanted to specifically identify them for the Board.
The 2004 - 2005 minutes also include discussion related to the hiring of a police chief, and
general employee grievances.
As a legal matter, the Village Clerk's office and the Village Attorney have reviewed these
minutes and have no objection to allowing for the release of the closed session minutes listed in
Schedule A below. These minutes involve matters that have been resolved and there is little legal
risk in making the information in the minutes available to the public, should a request be made.
SCHEDULE
Dates of Meeth i"s
May 25, 2004 January 10, 2005
June 29, 2004 January 17, 2005
July 6. 2004 March 29, 2005
July 9, 2004 May 10, 2005
July 12, 2004 July 12, 2005-2
September 13, 2005
October 25, 2005
B. Minutes to Remain Confidential.
There are no minutes in this particular group which still require confidentiality.
Recommendation:
That the Board pass Resolution R-1304.
RESOLUTION 2013-BD-CL-MIN-R-1304
A RESOLUTION FOR THE APPROVAL AND
RELEASE OF CLOSED MEETING MINUTES
WHEREAS, the Village Board of the Village of Oak Brook has met from time to time in closed meeting for
purposes authorized by the Illinois Open Meetings Act; and
WHEREAS, pursuant to the requirements of 5 ILCS 120/2.06(d), the Village Board has met in closed
meeting to review all closed Meeting minutes; and
WHEREAS, the Village Board has determined that there is no longer a need for confidentiality as to the
closed meeting minutes from the meetings set forth below in Section 1; and
WHEREAS, the Village Board has further determined that there still exists a need for confidentiality as to
the closed meeting minutes from the meetings set forth below in Section 2.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the 2004 and 2005 closed meeting minutes attached hereto as Exhibit 1, having been
previously approved, but not released or released with redactions, may now be released in their entirety as
described in Schedule A.
Section 2: That the Village Clerk is hereby authorized and directed to make minutes identified in Sections 1
and 2 available for inspection and copying in accordance with the standing procedures of the Clerk's office.
Section 3: That this resolution shall be in full force and effect from and after its passage and approval as
provided by law.
APPROVED THIS 8th day of October, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of October, 2013.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2013-BD-CL-MIN-EX1-R-1304
Release of Closed Meeting Minutes
Page 2 of 3
EXHIBIT 1
SCHEDULE A-Closed Session Meetings held 2004-2005
Previously Not Released-OR- Partially Released
Now Released in Entirety
DATES OF MEETINGS
May 25, 2004 January 10, 2005
June 29, 2004 January 17, 2005
July 6. 2004 March 29, 2005
July 9, 2004 May 10, 2005
July 12, 2004 July 12, 2005-2
September 13, 2005
October 25, 2005
MINUTES OF THE MAY 25, 2004 CLOSED MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE
BOARD ON JUNE 8,2004.
1. CALL TO ORDER
The Closed Meeting of May 25, 2004 was called to order by President Quinlan at
8:18 p.m. in the Upper Level Conference 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, Asif Yusuf and Elaine Zannis.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline,
Assistant Village Manager-, Kenneth T. Kubiesa, Village Attorney and James L.
DeAno of Norton,Mancini,Weilber&DeAno.
3. APPROVAL OF MINUTES:
To discuss minutes of meetings lawfully closed under the Open Meetings Act,
whether for the purpose of approval by the body of the minutes, for semi-annual
review of the minutes as required by the Open Meetings Act
a. May 11,2004
It was the consensus of the Village Board to accept the minutes of the May 11,
2004 Closed Village Board Meeting as presented.
4. -UNFINISHED BUSINESS:
a. To consider litigation,when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative tribunal,
or when the public body finds that an action is probable or imminent
Village Attorney Kubiesa announced that the Village of Oak Brook would be
tiling a law suit against resident Art.Philip who has a recreational bus parked on
his.property which is a Village zoning violation. Mr. Philip was granted, by
letter, a non-conforming use for a mobile.home but now apparently has a bus
located on his property. Attorney Kubiesa indicated that even if the mobile home
could be considered a non-conforming use, a person may not increase the non-
conformity.
~ Village of Oak Brook Closed Session Minutes Page I of 2 May 25,2004
Attorney Kubiesa introduced James DeAno who now represents the Village of
Oak Brook in the DuPage Housing Authority v. Village of Oak Brook 03 C 2621.
Mr. DeAno explained the legal procedures the Board may address in this case.
The Board then discussed what options they could address to reach a settlement in
this case.
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The motion in open session by the Village Board of Trustees was to adjourn to a Closed
Meeting to Review Minutes and Litigation. The Village Board of Trustees in the Closed
Meeting did not address the Agenda Item: New Business.
5. NEW BUSINESS:
a. To consider the appointment, employment,compensation,performance or
dismissal of specific employees of the public body
6. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
9:30p.m.to the regular meeting.
ATTE T:
Linda K. Gonnelra, CMC
Village Clerk
Village of Oak Brook Closed Session Minutes Page 2 of 2 May 25,2004
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MINUTES OF THE JUNE 29, 2004 SPECIAL CLOSED
MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK REVIEWED BY THE
VILLAGE BOARD ON JULY 13,2004.
1. CALL TO ORDER
The Closed Meeting of June 29, 2004 was called to order by President Quinlan at
6:03 p.m. in the Upper Level Conference Room of the Butler Government Center.
Due to the absence of Village Clerk Gonnella, Village Manager Boehm was the
Recording Secretary for the meeting.
2. ROLL CALL:
Village Manager Boehm called the roll with the following persons
PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, John W. Craig,
Susan Chase Korin and Asif Yusuf
ABSENT: Trustees George Caleel and Elaine Zannis.
IN ATTENDANCE: Richard B. Boehm,Village Manager.
3. UNFINISHED BUSINESS:
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
President Quinlan explained the interview process to the Board of Trustees. The
Board then interviewed the following candidates for the position of Police Chief:
Dennis Raucci at 6:06 p.m., Gary Schira at 7:00 p.m, Gene Karczewski at 8:00
p.m. and Thomas Sheahan at 9:00 p.m.
4. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at
9:44 p.m.
ATTEST-
Richard B. Boehm
Recording Secretary
Village of Oak Brook Closed Session Minutes Page I of] June 29,2004
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MINUTES OF THE JULY 6, 2004 CLOSED MEETING OF THE
_ PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON
JULY 13,2004.
1. CALL TO ORDER
The Closed Meeting of July 6, 2004 was called to order by President Quinlan at
6:02 pan. in the Upper Level Conference Room of the Butler Government Center.
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 and Kenneth T.
Kubiesa, Village Attorney.
3. UNFINISHED BUSINESS:
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
The Board discussed the names of candidates they would like to interview for the
position of Police Chief. It was a consensus of the Village Board to interview the
following additional candidates: Ronald Lullo, Eric Bennett, Michael D'Amico,
Louis Fatta and John Fryksdale.
The Board concurred in possible dates for interviews from 6:00 p.m. to 9:00 P.M.
on Monday, July 12 and Tuesday, July 13, 2004 after the regular Village Board
meeting. Manager Boehm will notify the Board of Trustees of the dates and times
of the candidates to be interviewed.
Trustee Yusuf requested the appropriate section cited for temporary appointments
by the Village President according to State Statute. Attorney Kubiesa will
provide the State Statute and case law on the issue to the Board.
4. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
6:21 p.m. to the special meeting.
Village of Oak Brook Closed Session Minutes Page 1 of 2 July 6,2004
ATTEST:
Qda . Gonnella, CMC
Village Clerk
- Village of Oak Brook Closed Session Minutes Page 2 of 2 July 6,2004
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MINUTES OF THE JULY 9, 2004 CLOSED MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK REVIEWED BY THE VILLAGE BOARD ON
JANUARY 25,2005.
1. CALL TO ORDER
The Closed Meeting of July 9, 2004 was called to order by President Quinlan at
8:15 p.m. in the Upper Level Conference.Room of the Butler Government Center.
Attorney Kubiesa indicated that Attorney Michael Jurusik, Klein, Thorpe &
Jenkins, Ltd., was in attendance of the meeting and he advised everyone and
indicated for the record that Mrs. Jurusik's presence destroys the confidentiality
of the meeting and he did not feel it was appropriate that he was in attendance of
the meeting.
Mr. Jurusik responded that it is allowable under the Open Meetings Act to have
someone else besides the corporate authorities, attorney and cleric in the meeting
and that it does not destroy the confidentiality. He indicated that his firm has
been special counsel for the Village for over ten years.
2. ROLL CALL:
Village Cleric 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 Michael Jurusik of Klein,Thorpe & Jenkins,Ltd.
3. UNFINISHED BUSINESS:
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
The Board discussed the selection process for the vacant position of Police Chief
in the Village of Oak Brook. Attorney Kubiesa clarified for the Board his legal
opinion that Acting Police Chief Carpino was validly appointed by the Village
President for employment and to b.e'paid by the Village.
Attorney Jurusilc stated his legal opinion'd1*at the Board should have approved
Acting Police Chief Carpino's employment and compensation. He indicated that
the mere appointment of a position does not give the President or Manager the
power to set compensation or benefits. He stated when the Village Code does not
expressly provide for the appointment of an acting or interim officer, many
communities use the authority of the permanent police chief process with Board
Village of Oalc Brook Closed Session Minutes Pige•I of 2 July 9.2004
approval. His opinion is that the office was not abandoned based on the facts
heard and therefore the President may not exercise his temporary appointment
powers. He indicated in a non-home rule community, the Board would set the
compensation.
Attorney Jurusik suggested that the Board of Trustees may vote at the next
Village Board meeting giving direction to the Village Manager as to the
compensation of Acting Police Chief Carpino as the Village Code indicates that
the corporate authorities gives direction on these issues in which all seven Board
members have input.
Attorney Kubiesa stated that this could be placed on Tuesday's meetings under
Other Agenda Items. It was a consensus of the Board of Trustees, with the
exception of Trustee Yusuf, requesting that the appropriate language for
termination of Acting Police Chief Carpino be placed on Tuesday's regular
Village Board meeting. Attorney Jurusik will draft a motion for the meeting.
After further discussion of Chief Carpino's employment, it was the consensus of
the Board of Trustees, with the exception of Trustee Yusuf, that Acting Police
Chief Carpino be terminated this weekend.
The Board concurred that no public comment would be made regarding the
discussion of the meeting.
4. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at
9:15 p.m. to the special meeting.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook Closed Session Minutes Page 2 of 2 July 9,2004
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MINUTES OF THE JULY 12, 2004 SPECIAL CLOSED
MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK REVIEWED BY THE
VILLAGE BOARD ON JANUARY 25,2005.
1. CALL TO ORDER
The Special Closed Meeting of July 12, 2004 was called to order by President
Quinlan at 6:10 p.m. in the Upper Level Conference Room of the Butler
Government Center. Due to the absence of Village Cleric Gonnella, Village
Manager Boehm was the Recording Secretary for the meeting.
2. ROLL CALL:
Village Manager Boehm called the roll with the following persons
PRESENT: President Kevin Quinlan,Trustees Stelios Aktipis and Asif Yusuf.
ABSENT: Trustees George Caleel, John W. Craig, Susan Chase Korin and
Elaine Zamiis.
IN ATTENDANCE: Richard B. Boehm,Village Manager,
3. UNFINISHED BUSINESS:
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
The Board interviewed the following candidates for the position of Police Chief:
Michael D'Amico at 6:00 p.m., Gary Schira at 7:00 p.m. and Thomas Sheahan at
5:00 P.M.
4. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the closed
meeting at 9:19 p.m.
ATTEn
Richard B.Boehm
Recording Secretary
-' Village of Oak Brook Special Closed Session Minutes Page 1 of l July 12,2004
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MINUTES OF THE JANUARY 10, 2005 CLOSED
MEETING OF THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
REVIEWED ON FEBRUARY 27,2007.
l. CALL TO ORDER
The Closed Meeting of the Village Board of Trustees was called to order by
President Quinlan at 6:09 p.m. in the West Wing Conference Room of the
Butler Government Center.
2. ROLL CALL
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Village Clerk Linda Gonnella called the roll with the following persons:
PRESENT: President Kevin Quinlan, Trustees Stelios Alctipis, Jeffrey
Kennedy,Kathryn Manofsky, Robert Sanford and Asif Yusuf.
ABSENT: Trustee John W. Craig.
IN ATTENDANCE: Richard B. Boehm, Village Manager and Kenneth T.
Kubiesa,Village Attorney.
3. UNFINISHED BUSINESS
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
The Board of Trustees interviewed candidate Michael D'Amico for the
permanent position of Police Chief. It was the consensus of the Board of
Trustees not to approve the applicant presented to them by President
Quinlan. President Quinlan indicated that he would announce that the
Board is still conducting interview and the-search process as soon as
possible.
Attorney Kubiesa entered the meeting after the interview.
Village Manager Boehm gave a brief presentation to the Board of the
administrative staff reorganization including the reporting of an executive
secretary directly to him. No new employees would be considered at this
time. The Board concurred with the recommendation. Trustee Korin asked
Manager Boehm to consider internships for.the proposed business license
project.
b. To consider litigation, when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative tribunal
or when the public body finds that an action is probable or imminent
VILLAGE OF OAK BROOK Minutes Page 1 of 3 January 10,2005
3. b.
Elmhurst Builders v.Village of Oak Brook
Trustee Aktipis indicated that Village Attorney Kubiesa would dismiss this
suit at the hearing. Attorney Kubiesa stated that it is not covered by
insurance because they are asking for declaratory relief. A motion for
judgment on the pleadings will be prepared and filed next week. Trustee
Zannis asked that a second legal opinion should be given for Trustee Aktipis.
Sartore/Wing v.Village of Oak Brook
IRMA has assigned Attorney Jim De Ano to this case. A claim of sex and
age discrimination charges was filed with the EEOC on behalf of
Sartore/Wing. President Quinlan requested that Attorney De Ano attend the
January 25, 2005 Board meeting. Trustee Aktipis commented that he
believed that if the Village had waited three months, the liabilities would
have been diminished as it was an anniversary date of hire.
DuPage Housing Authority
Attorney Kubiesa remarked that the deposition process is underway as
Attorney De Ano is handling this case. It was the consensus of the Board to
request Attorney De Ano to offer a$200,000 settlement pursuant to IRMA's
request,which Attorney Kubiesa will process.
Proposed Primeco Litigation Settlement
Attorney Kubiesa recommended a settlement as fifteen communities have
settled in the group. The cost is 15% of $1,500,000 which involves the
Village of Oak Brook having to pay an initial amount of attorney fees of
$60,000 by May and it could increase to $150,000. The Supreme Court ruled
that the Infrastructure Maintenance Fee is unconstitutional and that the fees
are to be paid back to the appropriate entities. Manager Boehm will notify
the attorneys in this case that a consensus was reached by the Board to settle
the lawsuit.
Quinlan v. Aktipis et.al.
President Quinlan remarked that he would recuse himself from the closed
meeting on advice of counsel. President Quinlan, Trustee Yusuf, Village
Manager Boehm and Village Attorney Kubiesa exited the meeting at 8:40
p.m.
VILLAGE OF OAK.BROOK Minutes Page 2 of 3 January 10,2005
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3. b.
In the absence of President Quinlan, Trustee Caleel was appointed as Acting
Chairman of the closed meeting. The Board discussed the filing of a petition
in court for payment of attorney fees in this lawsuit. It was a consensus of
the Board of Trustees to withhold payment of Attorney Kubiesa's bills
relative to this case until all attorney fee payments were resolved. Regarding
the Laner, Muchin bills, the Board discussed President Quinlan's hiring of
this firm for the severance agreement with former Police Chief Pisarek. It
was a consensus of the Board that the firm should petition the court for
payment.
4. ADJOURNMENT
Motion by Trustee Zannis, seconded by Trustee Atktipis, to adjourn the closed
meeting at 8:48 p.m.to the special meeting.
ATTEST:
Linda K. Gonnella,CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 3 of 3 January 10,2005
°Z�
MINUTES OF THE JANUARY 17, 2005 CLOSED MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE
BOARD ON APRIL 26,2005.
1. CALL TO ORDER
The Closed Meeting of January 17, 2005 was called to order by President Quinlan
at 9:18 p.m. in the Upper Level Conference Room of the Butler Government
Center.
2_ ROLL CALL:
Deputy Village Clerk Carol Harty 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; Jeffrey Moline,
Assistant Village Manager; Kenneth T. Kubiesa, Village Attorney and Gary
Taylor,Attorney from Rathje and Woodward.
President Quinlan suggested that the Board of Trustees first address the issue of
the outside legal counsel Trustee Aktipis has requested attend the closed Board
meeting. Village Attorney Kubiesa questioned if the presence of Counsel Gary
Taylor destroys the client confidentiality of the meeting and the minutes as they
may be discoverable under this lawsuit if the plaintiffs ask for the minutes, then
they would have to be given and it could hurt Trustee Aktipis.
It was the consensus of the Board of Trustees to allow Attorney Taylor to remain
in the closed meeting as requested by Trustee Aktipis. Trustee Aktipis requested
that Village Attorney Kubiesa withdraw from the Elmhurst Builders v. Village of
Oak Brook lawsuit or that President Quinlan removes him from the case. He
believes that Attorney Kubiesa and his firm may have violated the rules of
professional conduct as adopted by the Illinois Supreme Court on five issues. He
requested that the Board adopt a resolution when the Board adjourns the closed
meeting to the open session that Village Attorney Kubiesa withdraw and provide
Trustee Aktipis with indemnification and support defending himself against the
allegations in the lawsuit_ He believes-that the allegations made in the ieply by
Attorney Kubiesa, indicating that he,acted without authorization of the Board of
Trustees, are untrue and totally baseless. •He states that the April 13, 2004 closed
Village Board meeting clearly gives Trustee Aktipis the authorization to.discuss.
the subject of an exchange of property.
3. UNFINISHED BUSINESS:
L
Village of Oak Brook Closed Session Minutes Page 1 of January 17,2005
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3. b. To consider litigation, when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative tribunal, i
or when the public body finds that an action is probable or imminent
Village Manager Boehm,Assistant Village Manager Moline,Village Attorney
Kubiesa, Deputy Village Clerk Harty and Attorney Gary Taylor exited the
meeting at 10:07 p.m. so that only the Board members listened to the tape of
the closed Board of Trustees meeting of April 13, 2004.
Upon their return to the meeting, Trustee Aktipis stated that the Trustees bad
listened to discussion relative to the issue of exchange of parcels as a means of
settlement of the dispute with the Housing Authority.
At the end of the meeting the Village President had asked whether the Board
should move forward with this approach to settlement and the Trustees
authorized Trustee Akitpis unanimously to move forward.
On this basis, the filing of the second affirmative defense by Attorney
Kubiesa, that Trustee Aktipis had moved forward with negotiation and the
exchange of a letter without authorization was inaccurate and false. Trustee
Aktipis stated that on this basis he would ask, by resolution during an open
session, for the removal of Attorney Kubiesa from the case of Elmhurst
Builders.
Attorney Kubiesa and President Quinlan argued that the letter was different
than the negotiations and that it was not .specifically authorized by the
Trustees.
Trustee Aktipis suggested that they were making a forced distinction between
negotiations and a letter reflecting these negotiations. The Village President
and the Board had authorized negotiations and had not placed any restrictions
as to the mode or method of communications between the parties. The
attempt to make a distinction is superfluous, especially since the Village
Manager was involved with the writing of the letter. Several conversations
took place back and forth, with the Village Manager who suggested
modification of this letter. The Administrative Secretary of the Village typed
the letter.
Trustee Caleel asked Attorney Kubiesa whether it were true that he hod filed
an affirmative defense claiming that the letter was not authorized. How could
he have done this, if he were supposed to defend the Board including Trustee
Aktipis? Trustee Caleel further asked why Attorney Kubiesa did not file a
motion to dismiss instead of filing an affirmative defense. He pointed out that
the other defendants in the lawsuit had filed a successful motion to dismiss,
Village of Oak Brook Closed Session Minutes Page 2 of 4 January 17,2005
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3. b. Attorney Kubiesa said that his approach of filing an affirmative defense was a
better approach. Trustee Korin pointed out that Kubiesa instead of filing for'a
dismissal filed a document intended to put blame•on one of the Trustees.
Trustee Zannis said that the Village Attorney has an obligation to defend the
Village and each Trustee individually in their official capacity. Attorney
Kubiesa should not have washed his hands of Trustee Aktipis and tell him to
go get his own attorney.
Attorney Kubiesa in response to questions by Trustee Zannis and Aktipis
agreed that he had not informed Trustee Aktipis or the other Trustees that
Aktipis would be identified in the affirmative defense,prior to fling this court
document.
Attorney Taylor pointed out that the cannons of professional ethics require
that an attorney has the responsibility to warn the client prior to filing a
pleading, if the pleading is adverse to the interest of the client. Trustee Caleel
said that-Attorney Kubiesa represents the entire Board so he could not have
claimed that Trustee Aktipis acted without authorization from the Board.
Trustee Aktipis had done what the Board asked him to do and had the letter
reviewed by the Village Manage to make sure everything was correct. If the
Board had known that Attomey Kubiesa was going to identify Trustee
Aktipis,it would not have approved the filing.
L Trustee Yusef concurred that Trustee Aktipis had acted according to the intent
of the Board Trustee Zannis concurred that Attorney Kubiesa had no
authorization from the Board to isolate Trustee Aktipis. Trustee Caleel
reiterated that Trustee Aktipis had been selected by the Board as the point
person.
Trustee Zannis indicated that Attorney Kubiesa should remove himself from
the case. This-will give the message that the Board stands by Trustee Aktipis.
Trustee Korin said that new outside counsel should be used. . Attorney
Kubiesa must recuse himself from the case. Attorney Kubiesa indicated that
he must talk to President Quinlan privately before making a decisions on
removing himself. President Quinlan said he would take this mater under
advisement.
Trustee Craig, Attorneys Kubiesa.and.Taylor left the meeting at 10:32 p.m.
Village Manager Boehm explained to the Board of Trustees that the Fraternal
Order of Police has threatened to file a grievance and litigation in the matter
of the Village's Salary Pay Plan with the Illinois Labor Relations Board. It
alleges the Village in the past has allowed employees to move through the
grades from bottom to top is five years and now, with the cap, it would take
ti. upwards of ten to eleven years. Defending this matter on behalf of the Village
Village of Oak Brook Closed Session Minutes Page 3 of January 17,2005
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3. b. is Seyfarth and Shaw. They are looking at going into mediation, filing a
stipulated record of position before the Illinois Labor Relations Board. If it
goes to arbitration, it would occur in May or June.
a. To consider the appointment, employment, compensation, discipline,
performance, or dismissal of specific employees ofthe public body
Village Manager Boehm explained the 3.5% merit increase for the Village .
employees in the Salary Pay Plan is based on their performance moving
through the ranges. The Board discussed this issue in which two-thirds of the
employees would be receiving this increase as staff has proposed the cap be
raised to 8.5%. An employee would not move through the grades in five years
but in eight years. It was a consensus of the Board of Trustees that the merit
increase be 3.5%with a total 7%maximum salary adjustment.
c. To set a price for the sale or lease of property owned by the public body
President Quinlan explained that two lots remain in Westchester Park_ The
Board discussed the proposed purchase of Lots 1 and 2 at Westchester Park.
It was the consensus of the Board to accept a minimum bid of$1,050,00 for
Lots 1 and 2 of Westchester Park and directed Manager Boehm to negotiate
with the two parties currently interested.
4. ADJOURNMENT:
Motion by Trustee Caleel, seconded by Trustee Korin, to adjourn the meeting at
11:57 p.m.to the special meeting.
ATTEST:
arol Harty
Deputy Village Clerk
�' " Village of Oak Brook Closed Session Minutes Page 4 of January 17,2005
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MINUTES OF THE MARCH 29, 2005 CLOSED MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK-BROOK REVIEWED BY THE VILLAGE
BOARD ON APRIL 26,2005. {
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1. CALL TO ORDER
Village Clerk Gonnella requested a motion from the floor to appoint Trustee
Caleel as Acting Chairman in the absence of President Quinlan.
Motion by Trustee Aktipis, seconded by Trustee Yusuf,to appoint Trustee Caleel
as Acting Chairman in the absence of President Quinlan. VOICE VOTE: Motion
carried.
The Closed Meeting of March 29,2005 was called to order by Chairman Caleel at
7:50 p.m. in the Upper Level Conference Room of the Butler Government Center.
2. ROLL CALL:
I
Village Clerk Linda Gonnella called the roll with the following persons
PRESENT: Trustees Stelios Aktipis, George Caleel, John W. Craig, Susan
Chase Korin,Asif Yusuf and Elaine Zannis. i
ABSENT: None.
IN ATTENDANCE: Jeffrey Moline, Assistant Village Manager; Harlan Spinoff,
Village Attorney and James De Ano,Attorney.
3. UNFINISHED BUSINESS:
a. To consider the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
The Board reviewed the draft employment agreement for Thomas Sheahan
as the new Chief of Police. It was a consensus of the Board of Trustees to
strike the word "hearing" from Paragraph 2 of the agreement, outside
activities as indicated in Paragraph 3 must be given to the $oard for
approval; Paragraph 4 state to cap the SLEP contribution to equal IMRF
contribution and Paragraph 11, after the current contract expires,it would
continue on a month to month basis until a new contract is negotiated or a
successor is named or a new contract is entered into.
Village Attorney Spiroff exited the'meeting at 8:17 p.m. Attorney James
De Ano entered the closed meeting at 8:17 p.m.
b. To consider litigation,when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative
Village of Oak Brook Closed Session Minutes Page I oft
March 29,2005
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3. b.
tribunal or when the public body finds that. an action is probable or
imminent.
Attorney De Ano gave an update to the Board of Trustees of two pending
lawsuits DuPage Housing Authority v. Village of Oak Brook and
Elmhurst Builders v. Village of Oak Brook. He indicated what
depositions would occur in April for the DuPage Housing Authority case.
He indicated.that a motion for summary of judgment would occur in Jurie
2005 for that case.
Attorney De Ano explained in the Elmhurst Builders case involves a claim
of a verbal breach of contract between the Village and the applicant
petitioning the Village for water.
4. ADJOURNMENT:
Motion by Trustee Craig, seconded by Trustee Korin, to adjourn the meeting at
9:10 p.m.to the special meeting.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
Village of.0ak Brook Closed Session Minutes Page 2 of 2 March 29,2005
MINUTES OF THE MAY 10, 2005 CLOSED MEETING OF
THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY THE VILLAGE
BOARD ON JULY 12,2005.
1. CALL TO ORDER
The Closed Meeting of May 10, 2005 was called to order by President Quinlan at
7:38 p.m. in the Upper Level Conference Room of the Butler Government Center.
2. ROLL CALL:
Village Cleric Linda Gonnella called the roll with the following persons
PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey Kennedy, Kathryn Manofsky, Robert Sanford and Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard B. Boehm, Village Manager and Kenneth T.
Kubiesa,Village Attorney.
President Quinlan explained that the litigation before the Board of Trustees
involved certain members of the Board: President Quinlan, Trustees Aktipis and
Craig and therefore they will recuse themselves from the closed meeting at 9:58
P.M.
Village Clerk Gonnella requested a consensus to appoint a Temporary Chairman
in the absence of President Quinlan. It was a consensus of the Board of Trustees
to appoint Trustee Kennedy as the Temporary Chairman of the closed meeting.
3. UNFINISHED BUSINESS:
a. To consider litigation, when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative tribunal
or when the public body finds that an action is probable or imminent
Village Attorney Kubiesa explained to the Board of Trustees Judge Bonnie
Wheaton's request for a pre-trial settlement May 13, 2005 of the legal fees
and resolve Quinlan, et al v. Aktipis, et al.on. He noted, for the record, that
Village Clerk Gonnella is a defendant in the case but is only taking minutes of
the closed meeting. He stated• that he has the authority to represent the
defense in hopes of a settlement. "He-also noted that Attorney Thomas Cronin
for Trustee Aktipis has also submitted fees for his legal services to Judge
Wheaton.
Trustee Manofsky asked if the Village President sues a Trustee, would the
Trustee be entitled to representation. Attorney Kubiesa indicated that the
Village of Oak Brook would defend a Trustee.
Village of Oak Brook Closed Session Minutes Page 1 of May 10,2005
It was the consensus of the Board of Trustees to dismiss the case with
prejudice of all parties and request that they sign a release. Attorney Kubiesa
will contact the Village Trustees on May 13th if they wish to accept the
settlement agreement reached by Judge Wheaton. Attorney Kubiesa indicated
that former Police Chief Pisarek incurred legal fees, which the Board
concurred, should be included in the settlement agreement.
b. To consider the appointment, employment, compensation,, discipline,
performance, or dismissal of specific employees of the public body
President Quinlan had previously announced in the regular Board meeting that
this agenda item would not be discussed at this time as he will discuss this item
with each individual Trustee.
4. ADJOURNMENT:
Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn the
meeting at 10:33 p.m. to the regular meeting.
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook Closed Session Minutes Page 2 of May 10,2005
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MINUTES OF THE JULY 12, 2005 CLOSED MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK REVIEWED ON JULY
26,2005.
1. CALL TO ORDER:
The Closed 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 8:45 p.m.
2. ROLL CALL:
Village Clerk Linda Gonnella called the roll:
PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, John W. Craig,
Jeffrey Kennedy.Kathryn Manofsky,Robert Sanford and Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard Boehm, Village Manager and Kenneth Kubiesa,
Village Attorney.
3. UNFINISHED BUSINESS:
a. To consider litigation, when an action against, affecting or on behalf of the
particular body has been fled and is pending before a court or
administrative tribunal
Attorney Kubiesa discussed the status of the Gaiks v. Oak Brook Police
Department. Trustee Manofsky voiced her concern of how the litigation
Was proceeding and requested that the Attorney should be seeking
consensus with the Board of Trustees in the settlement. She recommended
that an apology be given to the Gaiks to resolve the issue. She also
questioned the litigation with prosecutor Joan Mullins.
Attorney Kubiesa explained that the State's Attorney office is prosecuting
the matter of battery of Casey Gaik. President Quinlan indicated that Police
Chief Sheahan has an attorney representing him in a disciplinary matter
from Ottosen, Trevarthan, Britz & Kelly. Trustee Aktipis questioned why
the Village should cover the cost of legal representation for Attorney Joan
Mullins from Attorney Kubiesa's office. -The Board discussed this matter
further.
Attorney Kubiesa then gave an update of Art Philip's alleged violation of
th,. Village Code due to his large bus being located in his driveway. Trustee
Yusuf indicated that former Community Development Director Tom Hawk
VILLAGE OF OAK BROOK Minutes Page 1 of 3 July 12,2005
3. a.
had sent a letter to the Philips indicating they were given a variance for a
particular vehicle which was a small Winnebago and now they have a large
bus. The former Board of Trustees had concurred to take legal action
against the Philips in this matter. Trustee Manofsky suggested that the
Community Development Director write a letter to the Philips indicating it
is a violation of the Village Code and if there is no response that the Village
Attorney take action. Trustee Sanford offered to speak with the Philips
regarding this issue to determine if some type of settlement could be
reached. Manager Boehm will forward a copy of the letter to the Board of
Trustees.
Trustee Sanford requested the Board's consideration of settling the attorney
fees of former Police Chief Allen Pisarek as the fees were approximately
$4 200 in the lawsuit of Quinlan v. Aktipis, Craig, Korin and Zannis. He
hired an attorney as he thought his retirement contract was in jeopardy
during this litigation. It was the consensus of the Board of Trustees that
Trustee Kennedy would contact the attorney representing former Police
Chief Pisarek to settle the legal fees provided that the attorney provides
justification for the fees.
4. NEW BUSINESS:
a. To discuss minutes of meeting lawfully closed under the Open Meetings
Act, whether for the purpose of approval by the body of the minutes or for
semi-annual review of the minutes as required by the Open Meeting Act
1) April 26,2005
2) May 10, 2005
3) June 14, 2005
4) .Review Redacted Closed Meeting Minutes from January-June,2005
5) Discussion of Composition of Minutes
The Board reviewed the minutes and found them to be in order. Village
Clerk Gonnella requested that the Board consider that the Board of Trustees
meeting minutes return to the format of a summary and as indicated in State
Statute of discussioaa rather than verbatim minutes due the amount of time
necessary to prepare the minutes acid especially with the other duties of the
Clerk's office. The Board concurred with this recommendation. .
The Board requested that a closed. meeting be held after the next regular
Board meeting with the attendance of Attorney Kenneth Kubiesa, Attorney
James De ?,no and Police Chief Thomas Sheahan regarding pending
litigation.
VILLAGE O;'.OAK BROOK Minutes Page 2 of 3 July 12,2005
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5. ADJOURNMENT.
President Quinlan adjourned the closed meeting to the regular Village Board
meeting at 9:37 p.m..
ATTEST:
Linda K. Gonnella,CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 3 of 3 July 12,2005
I
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MINUTES OF THE- SEPTEMBER 13, 2005 CLOSED
MEETING OF THE PRESIDENT AND BOARD OF '
TRUSTEES OF THE VILLAGE OF OAK BROOK j
REVIEWED ON DECEMBER 13,2005.
1. CALL TO ORDER:
The Closed Meeting of the Village Board of Trustees was called to order by
President Quinlan in the Upper Level Conference Room of the Butler
Government Centex at 8:55 p.m.
2. ROLL CALL:
Deputy Village Clerk Carol Harty called the roll with the following present:
PRESENT: President Kevin Quinlan, Trustees John W. Craig, Jeffrey
Kennedy,Kathryn Manofsky, Robert Sanford and Asif Yusuf.
ABSENT: Trustee Stelios Aktipis.
IN ATTENDANCE: Richard Boehm, Village Manager; Kenneth Kubiesa,
Village Attorney and Thomas Sheahan, Chief of Police.
President Quinlan requested that the Board review Agenda Item 4. To consider
the appointment, employment, compensation, discipline, performance or
dismissal of specific employees of the public body at this time. The Board
concurred with his recommendation.
4. To Consider the Appointment, Employment, Compensation, Discipline,
Performance or Dismissal of Specific Employees of the Public Body
Police Chief Thomas Sheahan explained the proposed changes to the 'structure
of the Police Department. He indicated that he had reviewed the personnel and
was ready to make a few appointments,but first he wanted to fill positions that
were critical. He reiterated the current structure which was implemented
approximately twenty years ago. He outlined the structure that he proposed
which included adding an investigative division which would provide a more
proactive stance in the community.
The question he had for the Board was whether they agreed with his proposed
structure and how to go about it. The issue was whether it should be done
through the testing process and make those positions Lieutenants or male them
acting division commanders and promote from the rank. of sergeant. He
explained the direction other municipalities were m0 g in.
Discussion ens lied related to cost saving issues, the flexibility of the new
structure which provides the ability to revisit the changes in six months to
VILLAGE OF OAK BROOK Minutes Page 1 of 3 September 13,2005
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determine its effectiveness and the legality of the concept because of State
Statute based on being a non-home rule community.
Village Attorney Kenneth Kubiesa indicated that he was not ready to provide an
opinion. Attorney Kubiesa was asked to research the topic.
There was consensus that the vacant Sergeant position needed to be filled.
Village Manager Boehm was directed to contact the Board of Fire and Police
Commission to fill that vacant position.
Chief Sheahan left the meeting at 9:55 p.m.
;. To Consider Litigation, When an Action Against, Affecting or on Behalf of the
Village has been Filed and is Pending before a Court or Administrative
Tribunal, or when the Public Body Finds that an Action is Probable or
Imminent
Attorney Kubiesa updated the Board on two lawsuits filed by Trustee Stelios
Aktipis. The cases were dismissed, but are currently in the appeals court.
Attorney Kubiesa reported on the DuPage Housing case.
Attorney Kubiesa reminded the Board that if they are questioned on the Gaik
case they must indicate that under the advice of counsel we cannot talk about
the case.
Trustee Sanford had been directed to"look into the matter of the legal non-
conforming use issue related to the RV located on the Phillip's property in
perpetuity. He reported on the topic and there was discussion as to whether it
was actually a legal non-conforming use. Consensus by the Board directed
President Quinlan to contact the family and ask them to agree in writing that the
non-conforming use will cease when the property is sold and in return the
Village would not pursue the complaints.
Attorney Kubiesa provided an update on the PRIMECO litigation
4. ADJOURNMENT:
President Quinlan adjourned the closed meeting to the regular Village Board
meeting at 10:12 p.m.
ATTEST:
VILLA OF OAK BROOK Minutes Page 2 of 3 September 13,2005
Deputy Village Clerc Carol
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 3 of 3 September 13,2005
i
MINUTES OF THE OCTOBER 25, 2005 CLOSED
MEETING OF THE PRESIDENT' AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK
REVIEWED ON DECEMBER.13,2005.
1. CALL TO ORDER:
The Closed Meeting of the Village Board of Trustees was called to order by
I
President Quinlan in the Upper Level Conference Room of the Butler
Government Center at 8:08 p.m.
i
2. ROLL CALL:
Village Clerk Linda Gonnella called the roll with the following persons:
PRESENT: President Kevin Quinlan., Trustees Stelios Aktipis, John W. Craig,
Jeffrey Kennedy,Kathryn Manofsky,Robert Sanford and Asif Yusuf.
ABSENT: None.
IN ATTENDANCE: Richard Boehm, Village Manager; Margaret O'Connell,
Assistant Village Attorney and Robert Kallien, Director of Community
Development.
3. UNFINISHED BUSINESS:
a. To consider litigation, when an action against, affecting or on behalf of the
Village has been filed and is pending before a court or administrative
tribunal or when the public body finds that an action is probable or
imminent
Manager Boehm explained that Mr. Larry Wise, 3000 White Oak Larne, has
a retention pond in his yard and has placed an obstruction in a Village
drainage pipe located on his property. A letter was sent to him demanding
that he remove the obstruction by October 26, 2005 or the Village of Oak
Brook would resort to litigation. It is his understanding that he has retained
an attorney..
Attorney O'Connell explained that this historically has been a perpetual
easement and Mr. Wise's attorney is aware of this and is trying to have his
client remove the obstruction in the drainage pipe.
The'Board discussed this matter and.-concurred,to authorize the Village
Attorney to proceed with litigation if this matter is;not resolved by October
31, 2005.
President Quinlan explained that residents of Oak Brook Hills Road wish to
install a gate on their private road. The private road is maintained by the
VILLAGE OF OAK BROOK Minutes Page I of 2 October 25,2005
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3. a.
property owners on the street. The gate would be equipped with Opticom
for the public safety vehicles in Oak Brook. Trustee Aktipis suggested that
the Village delay issuing a permit until the mater can be resolved between
the residents of Oak Brook Hills Road and Ginger Creek.
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The Board members discussed this matter and concurred it was in the best
of the Village to issue the permit as recommended by Attorney O'Connell.
Community Development Director Kallien will work with the applicant so
that the Village's needs are maintained twenty-four hours a day for safety
purposes.
4. NEW BUSINESS: -None presented.
5. ADJOURNMENT:
President Quinlan adjourned the closed meeting to the regular Village Board
meeting at'8:25 p.m.
ATTEST:
" , _V
Linda K. Gonnella, CMC
Village Clerk
VILLAGE OF OAK BROOK Minutes Page 2 of 2 October 25,2005