HomeMy WebLinkAboutMinutes - 10/28/2008 - Board of Trustees (2)MlNUTES OF THE OCTOBER 28, 2008, 2008 CLOSED
MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE
BOARD ON FEBRUARY 24, 2009.
l.CALL TO ORDER
The Closed Meeting of October 28, 2008 of the Village Board of Trustees was called to
order by President Craig in the Upper Level Conference Room of the Butler
Government Center at 6:36 p.m.
2.ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John Craig, Trustees James Carson, Kathryn F. Manofsky, Moin
Saiyed, Robe1t G. Sanford and Gerald Wolin
ABSENT: Trustee Kennedy-arrived at 6:58 p.m.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney
and Susan Garvey from IR MA.
3.TO CONSIDER LITIGATION, WHEN AN ACTION AGAINST, AFFECTING OR
ON BE HALF 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 (2cl 1)
A.Mullins Litigation
Village Attorney Sterk reported that pursuant to Board direction he had sent a
settlement letter in the amount of $75,000 to Attorney Mmty Dolan representing
Joan Mullins in her litigation against the Village. Mr. Dolan responded with a
counter offer of approximately $500,000. Attorney Sterk also rep01ted that he had
spoken with the attorney Tepresenting the Village for IRMA, Paul Re ttburg and
other representatives of IRMA. The discussion included the fact that the Village
and IRMA were willing to go to mediation on this issue as is the Attorney for Ms.
Mullins. The idea was to get a list of judges together and find a judge that is
acceptable to all parties. He described the theory of the process. He felt that client
participation was critical in the mediation process and suggested that it be more
than the Village Manager. He felt that one or two trustees be included. He felt that
finding an acceptable mediator should take less than sixty days.
Trustee Kennedy arrived at 6:58 p.m.
Susan Garvey indicated that IRMA was willing to go into mediation. She felt that
any settlement would include both money from the Village and IRMA. Attorney
Village of Oak Brook Closed Meeting Minutes Page 1 of 3 October 28, 2008
Sterk responded to a question relative to a judge's determination being the final
word. He indicated that mediation was not mandatory but that an objective party
made an effmi to bring the parties together. None of the parties were obligated.
Trustee Kennedy repmted that he had done some research on independent
mediators as a result of the previous meeting and recommended a name. He added
that he felt the direction of continuing this litigation was going to cost the Village a
great deal of money.
Consensus was to work towards mediation.
Susan Garvey left the meeting at 7:05 p.m.
B.Sergeants Union Request
Attorney Sterk explained that police sergeants have petitioned to become a member
of the Metropolitan Alliance of Police and that the Village filed a position
statement in response. A hearing officer would set a hearing date, the hearing
would be held and a ruling would be made. If the Village was not in agreement
with the ruling then an appeal could be filed. He reminded the Board not to discuss
any issues with sergeants.
4.TO CONSIDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION,
DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF
THE PUBLIC BODY OR LEGAL COUNSEL FOR THE PUBLIC BODY,
INCLUDING HEARING TESTIMONY ON A COMPLAINT LODGED AGAINST
AN EMPLOYEE OF THE PUBLIC BODY OR AGAINST LEGAL COUNSEL FOR
THE PUBLIC BODY TO DETERMINE ITS VALIDITY (2Cl).
Dan-ell Langlois, Finance Director arrived at 7:16 p.m.
A.Early Retirement Incentive Update
Manager Niemeyer wanted to discuss one pending application for Tony Stevens.
His retirement would reduce the amount of building inspectors to two by combining
Fire and Community Developme)1t inspections. With the current applications filed
six positions could be kept vacant at least for a period of time.
The concern with Mr. Stevens had become an issue due to his request for omitted
IMRF service which would cost the Village approximately $300,000. In order to
claim the ERI, the applicant must sign a document that indicates that there would
be no action against the Village. Mr. Stevens has indicated that he would not take
the ERI if he had to sign the disclaimer because of the IRMF service. Manager
Niemeyer felt that if the IMRF service issue was brought to litigation it could be
Village of Oak Brook Closed Meeting Minutes Page 2 of 3 October 28, 2008
very messy and expensive. He also felt that the cost savings of a vacant building
inspector would outweigh the ERI costs. Manager Niemeyer suggested that the
Village approve Mr. Stevens ERi without the disclaimer of litigation and work to
come to a settlement on the IRMF issue. Finance Director Langlois explained the
issue with IMRF, changes to the law and some of the reasons it could be
complicated and expensive.
Consensus was to allow Village Manager Niemeyer to remove the disclaimer of
action against the Village for the ERI agreement with Tony Stevens.
5.ADJOURNMENT/RECONVENE
Motion by Trustee Wolin, seconded by Trustee Sanford to adjourn the meeting and
reconvene the regular meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 7:34 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk
Village of Oak Brook Closed Meeting Minutes Page 3 of3 October 28, 2008
/s/ Charlotte K. Pruss