HomeMy WebLinkAboutMinutes - 09/22/2009 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 2 September 22, 2009
DRAFT 1/22/10 MINUTES OF THE September 22, 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 22, 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
10:05 p.m.
2. ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John Craig, Trustee Stelios Aktipis, Trustee James Carson, Trustee
Mark Moy, Trustee Moin Saiyed, Trustee Gerald Wolin and Trustee Elaine
Zannis
ABSENT: None
IN ATTENDANCE: Village Manager David Niemeyer, Village Attorney Mark Sterk and
Assistant Village Manager Blaine Wing
3. 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 (2C1).
A. RICHTER LITIGATION
Assistant Village Manager Wing stated that the Attorney Mehler is seeking direction from the
Board regarding the $74,000 owed to the Village by the Plaintiff due to the successful resolution
of all four claims. He stated that the Plaintiff could still appeal Judge Popejoy's decision, but
that they have learned that the Plaintiff has no assets and is currently about $250,000 in the
hole. Assistant Village Manager Wing stated that Attorney Mehler is inquiring whether the
Board wants to pursue collection of the $74,000 award through wage garnishment or to waive
collection and wrap up the issue if the Plaintiff agrees to no appeal. Consensus opinion to wrap
up the litigation regarding the latter choice.
4. 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 (2C11)
A. CAROL HARTY REQUEST
Village Manager Niemeyer referred to the e-mail memorandum from Attorney Sterk regarding
Carol Harty being the only employee to seek additional severance pay from the severance
package that was offered all the employees who were laid off. He stated that she is asking for
two months additional pay, which would cost the Village a little over $10,000. He stated that all
but two employees have signed the severance agreement. Village Manager Niemeyer stated
that he and Attorney Sterk have discussed this and feel that to get this matter over with, they
would recommend paying another two months severance. Trustee Wolin inquired as to what
the other employees who have already signed the severance agreement would say when they
learned of this. Attorney Sterk stated that they have no recourse; stated there was a concern
when this originally came out, there was about seven people who had not signed; now there are
only two who have not signed the severance agreement. Village Manager Niemeyer stated that
Village of Oak Brook Closed Meeting Minutes Page 2 of 2 September 22, 2009
the Fire Chief who retired was given an additional educational bonus of $12,000. Assistant
Village Manager Wing stated that he believes Carol Harty's rationale for her request is that she
is in her sixties and could have an age discrimination claim and would drop that if the additional
severance pay was granted. Attorney Sterk stated that this would be a confidential agreement.
Trustee Carson inquired whether there was something different about her situation. President
Craig requested a poll; Trustees Wolin, Zannis, Carson, Moy and Saiyed stated they were in
favor of giving Carol Harty the $10,000 she had requested; Trustee Aktipis was not in favor of
this. Consensus to give Carol Harty additional severance pay of $10,000.
4.ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy, to adjourn the Closed Meeting and
Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 10:17 p.m.
ATTEST:
______________________________________
Charlotte K. Pruss
Village Clerk
/s/ Charlotte K. Pruss