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HomeMy WebLinkAboutMinutes - 01/10/2012 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 January 10, 2012 MINUTES OF THE JANUARY 10, 2012 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 14, 2013. 1. CALL TO ORDER The Regular Closed Meeting of January 10, 2012 of the Village Board of Trustees was called to order by President Gopal G. Lalmalani in the Upper Level Conference Room of the Butler Government Center at 8:38 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal G. Lalmalani, Trustee Stelios Aktipis, Trustee Michael Manzo, Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf and Trustee Elaine Zannis ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman, Police Chief James Kruger and Attorney Charles Hervas 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Peterson Update Attorney Hervas affirmed that the judge ruled to not allow the administrative record to be opened and stated that the judge followed the law as the briefs laid it out. Attorney Hervas affirmed that it is unlikely that Peterson will be allowed to split claims between state court and federal court, in relation to a civil rights claim. In regard to the rule violation by the FOP attorney, Village Attorney Friedman explained that this particular violation is not mandatory to report to the Attorney Registration and Disciplinary Commission (ARDC), but discussed the judge’s footnote, specifically a material misrepresentation issue. It was suggested that this still be reported to the ARDC. Attorney Hervas informed the Board that he met with the Police Chief as well as two of the Lieutenants and discovered no hidden evidence which would have exonerated Peterson and Village Attorney Friedman confirmed that he had done the same with the same results. Attorney Hervas stated that on February 9th there will be a status hearing where the judge will set a briefing schedule with Peterson’s lawyer filing the first brief with the Village responding and then Peterson’s lawyer replying. He stated that the briefs will summarize the court’s record in making the arguments that the decision should be sustained or not sustained. He stated that there is a presumption in the law that the administrative record and the decision of the board is presumed to be correct and that the FOP would have to show the court that there were errors or problems that would result in a reversal of the board’s decision. Attorney Hervas stated that the matter in the Circuit Court would hopefully be resolved by the end of May, but the “loser” would have the option of going to the Appellate Court and that process could take a year to resolve. He affirmed that it is likely that Peterson would take this to the Appellate Court and would be backed by the FOP. Attorney Hervas exited the meeting at approximately 8:53 p.m. 4. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Contract Negotiations Not Released – 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 January 10, 2012 Assistant Village Manager Wing reminded the Board that a few months ago the union reorganized internally and he named the new steward and representatives. He stated that he has learned that the union narrowly voted down the Village’s proposal, but that there would be another meeting since the vote was close. He stated that this is encouraging and hopes to reach an agreement in the next month, but if agreement is not reached he thought the negotiations would be long. He requested authority to establish by side letter a labor management sub-committee to review, evaluate and recommend and eventually implement an alternative work schedule. He stated that the Chief has indicated some potential issues with the eight-hour shifts and lunch times. Assistant Village Manager Wing stated that he believes there can be a contract based on the financials proposed, but that the union is very interested in discussing the twelve-hour shifts. Chief Kruger agreed that it is a very split decision and the union is working out its leadership challenges’ issues. Assistant Village Manager Wing affirmed that the sub-committee would be advisory, but that he would like the authority to implement if labor and management reach an agreement regarding shifts. He stated the Chief would be the lead on the management side. Assistant Village Manager Wing exited the meeting at approximately 9:02 p.m. Police Chief Kruger exited the meeting at approximately 9:03 p.m. 5. TO DISCUSS APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY, PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. IMRF/SLEP Issue Village Attorney Friedman stated that the justification for going into executive session regarding this item is actually for potential litigation purposes 2C(11). Finance Director Sharon Dangles entered the meeting at approximately 9:03 p.m. Village Manager Niemeyer referred to an extensive memorandum written by Village Attorney Friedman explaining the options regarding this pension issue. Village Attorney Friedman informed the Board that it has now been discovered that Tom Sheahan was the only person who took advantage of this statute in the entire State. He referred to a calculation chart created by Finance Director Dangles showing a substantial reduction in the Village’s liability in regard to the Deerfield credits. Village Attorney Friedman stated that the Village has an argument that only an active member can transfer credits and that Mr. Sheahan did not pay for his Deerfield credits until three days after he resigned from Oak Brook. Village Attorney Friedman stated that IMRF calculates things to the penny and he does not expect they would be loose on this issue. He also discussed the Chicago credits and that there are two lines of attack regarding Sheahan’s pension: 1) Sheahan took some of his Chicago credits, but not all, and that there is an argument under the statute that it is all or none regarding buying service credits; and 2) Article IV, Section 13 of the Illinois Constitution prohibits special legislation and that courts look closely at issues where only one person is benefitted and that the period for transferring credits was only open for six months. Village Attorney Friedman also discussed involving the press and a legislative solution in regard to clarifying existing law where a person must transfer all service credit. He stated that the IMRF’s staff determination letter regarding a determination of an unfunded liability of $745,000 had been just received and the Village has until April 6th to file an appeal to this, raising all the above issues to support the Village’s claim. Village Manager Niemeyer stated that the first bill has been received in the amount of $52,000 (to be paid over twenty years) and that the actual amount of the SLEP liability is $1.2 million. Finance Director Dangles stated that the bill should have really been $73,000. Village Attorney Friedman stated that there is no procedure under IMRF for not paying, pending an administrative proceeding, and there is an interest penalty, so it would not be worth risking that. He recommended paying under protest, subject to getting the money back. He stated that the legislation issue should be raised with IMRF and if not successful, go for a declaratory judgment in state court declaring the unconstitutionality of the law. Trustee Wolin discussed the SLEP matter and affirmed that Chief Kruger is not under this Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 January 10, 2012 pension plan. He also discussed talking with the Better Government Association and the press. Lengthy discussion ensued regarding strategy in resolving this matter and contacting the press and Illinois Attorney General Madigan’s office as well as addressing the legislation avenue as soon as possible. Consensus to pay the IMRF bill, file with IMRF around the end of February and contact Lisa Madigan. Finance Director Dangles exited the meeting at approximately 9:34 p.m. Village Attorney Friedman updated the Board on the Sky Bar/Sheahan litigation which was filed on December 16, 2011 and stated that at this point no one has been served. 6. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Manzo, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 9:36 p.m. ATTEST: Charlotte K. Pruss Village Clerk