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HomeMy WebLinkAboutMinutes - 09/08/2009 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 2 September 8, 2009 MINUTES OF THE SEPTEMBER 8, 2009 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD ON 1. CALL TO ORDER The Closed Meeting of September 8, 2009 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 9:49 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: Trustee Stelios Aktipis, Trustee James Carson, Trustee Mark Moy, Trustee Moin Saiyed, Trustee Gerald Wolin and Trustee Elaine Zannis ABSENT: President John Craig IN ATTENDANCE: Village Manager David Niemeyer, Attorney Mark Sterk, Assistant Village Manager Blaine Wing, Fire Chief Tom McEllin Trustee Aktipis continued from the Open Meeting to serve as President Pro-Tem. 3. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS BETWEEN THE PUBLIC BODY AND ITS EMPLOYEES OR THEIR REPRESENTATIVES, OR DELIBERATIONS CONCERNING SALARY SCHEDULES FOR ONE OR MORE CLASSES OF EMPLOYEES (2C2) FIRE UNION GRIEVANCE Village Manager Niemeyer explained the grievance from the Fire Department union which deals with the most recent vacancy and that according to the contract the Village cannot subcontract out if the complement of the department falls below twenty-eight. He stated that the grievance is to have the position filled and that the options are: hiring a firefighter immediately, which would involve some costs, but improve staffing levels; he stated that if a firefighter is not hired, Attorney Sterk believes they would be in violation of the union contract; Village Manager Niemeyer stated that the third option would be to terminate the contract with Paramedic Services, Inc. (PSI). He discussed the staffing study, but recommended hiring the next person on the list and making clear to that individual that his position could be eliminated from the results of the staffing study and that the Village would lose on the grievance. Fire Chief McEllin discussed the previous decision to terminate a probationary firefighter; he stated that this had a financial benefit, but that with the retirements earlier in the year the department went from thirty to twenty-seven when the termination occurred. Trustee Aktipis inquired regarding the time frame of the grievance process and Attorney Sterk stated that it depends on the schedule of the arbitrator. He further stated that the arbitrator could decide that the Village cannot use contract employees when the staffing is below the number in the contract. He stated that arbitrator decisions are not subject to judicial review. Attorney Sterk stated that if you get rid of the six contract paramedics, you could go below the union contract number for staffing. Trustee Carson inquired whether if a firefighter is hired to bring up the complement to twenty-eight and cut back on the contract paramedics, would this be a financial neutral situation by eliminating the overtime. Fire Chief McEllin and Board members agreed with this suggestion and to terminate one of the contract paramedics, but that it was important to make it clear to the new firefighter candidate about the economic situation. Assistant Village Manager Wing stated that currently the department is down to five contract paramedics since one individual left for a full- time job elsewhere, so it would just involve adjusting the contract with PSI. Attorney Sterk stated that Village Manager Niemeyer can send the letter to the union that he has consulted with the Board and they have agreed to resolve the grievance by hiring a firefighter and that the Board will take action at its next meeting in September to direct the Board of Fire and Police Village of Oak Brook Closed Meeting Minutes Page 2 of 2 September 8, 2009 Commissioners (BFPC) to hire the next candidate off the list. (Fire Chief McEllin exits the room at approximately 10:08 p.m.) LIBRARY UNION NEGOTIATIONS Village Manager Niemeyer and Attorney Sterk stated the Village has received a letter from the Illinois Labor Relations Board (ILRB) advising the Village of the library employees' efforts to organize under the Teamsters Local. He stated that the Village has the right to file exceptions to the proposed bargaining unit and the response is due September 16th. He stated that one of the exceptions is that they are all management people and illustrated the difference between the library employees and the union recently certified by Public Works and that clearly the director and the Lead Foreman are considered management; he stated that the Public Works' secretary is still an issue. Village Manager Niemeyer stated that the library director is definitely management, but not sure what other library personnel would be considered management. He stated the ILRB will then make a decision concerning who they are going to certify as union members and the Teamsters will contact the Village and want to bargain. Attorney Sterk recently referred to recent legislation that states that the Village would be required to go to binding arbitration for these first contracts. He stated that they were supposed to meet today with Ken Edwards from Local 150 regarding the Public Works' employees to discuss furlough days and get a contract started; he stated that above all else, Local 150 wants the dues. Discussion ensued regarding cutting library staff and the union issue, as well as outsourcing library services. Attorney Sterk stated they have received a letter from the Metropolitan Association of Police (MAP), the union trying to represent the Police Sergeants, requesting negotiation because furlough days had been issued. He stated that he replied that the Village did not have to negotiate because this union has not been recognized, but he knows they will file a complaint with the ILRB. He stated that if the Board is going to do something with the library, they will have to do it before the union is certified, otherwise will have to bargain with them over the lay- offs or at least the effects of the lay-offs. Discussion ensued regarding laying off library personnel, including termination of the library director and also the consultant's report and value of implementing the findings. Consensus to give Administration staff until Monday to fire the Library Director and make the personnel cuts. Village Manager Niemeyer stated that the consultant's report was not at the level of a full study. He stated that the Library personnel would need to receive the same severance packages as in the previous layoffs. Consensus to move forward with the details and implement on Monday everything in the report except for outsourcing technical services and cataloging. 4.ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Carson, to adjourn the Closed Meeting and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:56 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss