R-1945 - 05/25/2021 - MUNICIPAL - Resolutions ITEM 8.A.1
BOARD OF TRUSTEES MEETING
vu I AGE of SAMUEL E. DEAN BOARD ROOM
OAK B Rq , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Board of Trustee Meeting
of
May 25, 2021
SUBJECT: Settlement Agreement
FROM: Riccardo F. Ginex, Village Manager
BUDGET SOURCE/BUDGET IMPACT:
RECOMMENDED MOTION: I move that the Village Board approve Resolution,
2021-AG-SETT-PL-EX-R-1945,A Resolution Authorizing and Approving the
Execution of a Settlement Agreement By and Between the Village of Oak Brook
and Sean Kelly.
Background/History:
The Village has been working with our Labor Attorney's office to form a Settlement
Agreement for Sean Kelly, who had been working light duty due to a health issue.
After a number of examinations, his health issue was determined not to be Workmen's
Compensation related and not duty related by IRMA. Due to the severity of his
symptoms, Mr. Kelly does not have the capacity to return to full duty. He is in the
process of pursuing a duty disability pension.
This settlement agreement states that Mr. Kelly agrees to a full Public Safety
Employment Benefit Act(PSEBA)waiver along with other claims. By moving forward
with the settlement,the Village is also waiving it ability to challenge Kelly's line-of-
duty pension claim. Additionally, Mr. Kelly will still have a legal right to pursue a
Workmen's Compensation claim and challenge IRMA's previous denial. That claim
would still have to be litigated or settled regardless of whether the pension and PSEBA
claims are disputed and or settled, and the Village is not waiving its ability to challenge
Mr. Kelly's claim before the Illinois Workers' Compensation Commission.
Recommendation:
The Village Board approves the resolution as presented.
RG
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
NUMBER 2021-AG-SETT-PL-EX-R-1945
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF A SETTLEMENT AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
SEAN KELLY
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LARRY HERMAN
MICHAEL MANZO
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak
Brook on this the 25th day of May, 2021
RESOLUTION NO.2021-AG-SETT-PL-EX-R-1945
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF A SETTLEMENT AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
SEAN KELLY
WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for
and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain
functions pertaining to its local government and affairs;
WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval
of the corporate authorities may enter into an Agreement with another party pursuant to Illinois
Statute;
WHEREAS, Sean Kelly(hereinafteer referred to as the"Petitioner")filed an application
with the Oak Brook Firefighters'Pension Fund(hereinafter referred to as the"Board")seeking a
line-of-duty disability pension;
WHEREAS,Petitioner alleges by and through his application as a result of alleged injuries
allegedly sustained while in the performance of his duties that he is entitled to a line-of-duty
pension;
WHEREAS; the Village is interested in filing a Motion to Intervene with the Oak
Brook Firefighters' Pension Fund in opposition to the Petitioner's application for a line-of-duty
pension or any pension;
WHEREAS,the representatives for the parties have entered into discussions pertaining
to the amicable resolution of the Claim;
WHEREAS,the parties to the Claim have tentatively reached a resolution as to the
issues raised in the Claim and wish to terminate their litigation;
WHEREAS, all parties hereto have had the benefit of counsel and have agreed to the
terms which will have been reduced to a Settlement Agreement which is attached hereto and
made a part hereof as Exhibit A;and
WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in
the best interests of the Village of Oak Brook to enter into the attached settlement agreement with
Sean Kelly for the purposes referenced herein.
NOW,THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows:
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Resolution No.2021-AGSETT-PL-EX-1945
Settlement Agreement Sean Kelly
Page 3 of 4
Section One—Recitals
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as
contained in the preamble to this resolution are full,true and correct and do hereby,by reference,
incorporate and make them part of this resolution as legislative findings.
Section Two—Approval of Settlement Agreement
The Village hereby approves the Settlement Agreement (hereinafter referred to as
"Agreement")substantially in the form attached hereto and made a part hereof collectively as
Exhibit A.
Section Three—Authorization and Direction
The Village President is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the Agreement,substantially in the form of such agreement attached hereto
as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the
officials of the Village executing the same,their execution thereof to constitute exclusive evidence
of their approval to any and all changes or revisions therein from and after the execution and
delivery of such Agreement.
Section Four-Other Actions Authorized
The officers, employees and/or agents of the Village shall take all actions necessary or
reasonably required to carry out and give effect to the intent of this resolution and otherwise to
consummate the transactions contemplated herein, and shall take all actions necessary in
conformity therewith including, without limitation, the execution and delivery of all documents
required to be delivered in connection with the transaction contemplated herein.
Section Five-Authorization of Expenditures
The Corporate Authorities hereby authorize and direct the expenditure of all costs related
to the execution of the Agreement,additionally,the Village is authorized and directed to allocate
and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution.
Section Six-Acts of Village Officials
That all past, present and future acts and doings of the officials of the Village that are in
conformity with the purpose and intent of this resolution are hereby, in all respects, ratified,
approved,authorized and confirmed.
Section Seven—Effective Date
This resolution shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Section Eight-Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
3
Resolution No.2021-AG-SETT-PL-EX-1945
Settlement Agreement Sean Kelly
Page 4 of 4
Section Nine—Conflict Clause
All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
Section Ten — Saving Clause
If any section, paragraph, clause or provision of this resolution is declared by a court of
law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the
validity of any other provisions of this resolution, which are hereby declared to be separable.
Section Eleven—Recording
This resolution shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
PASSED THIS 25th day of May, 2021.
Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
Nays: None
Absent:
None
APPROVED THIS 25th day of May, 2021.
Gopal G. Lalmalani
Village President
ATTEST:
vPG� OF oAx®�
� a
Charlotte K. Pruss
Village Clerk l '�
C Ir
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4
Exhibit A
Settlement Agreement
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