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HomeMy WebLinkAboutMinutes - 04/26/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 April 26, 2011 MINUTES OF THE APRIL 26, 2011 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON 1. CALL TO ORDER The Closed Meeting of April 26, 2011 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 8:57 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 Zannis ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Mark Sterk and Attorney Constantine Xinos (arrived at 9:11 p.m.) 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. Police Chief Sheahan Village Manager Niemeyer informed the Board regarding further drafts to the Separation Agreement with Chief Sheahan. He stated that changes were made by the Chief’s attorney, Constantine Xinos, and also some changes suggested by Trustee Wolin and Village staff. Lengthy discussion ensued regarding aspects of the Agreement. Attorney Constantine Xinos entered the meeting at approximately 9:11 p.m. Attorney Xinos discussed changes made to the Agreement regarding health insurance and effective date of the Agreement and that those rights are waived. He stated that Chief Sheahan wants the Agreement finalized before the new Board takes over and a check given to Chief Sheahan tomorrow and Chief Sheahan will return the Village’s property. Attorney Xinos briefly exited the meeting while Village Attorney Sterk explained how the Agreement was written originally. Lengthy discussion ensued regarding the time period of the Chief’s right to revoke the Agreement. Village Attorney Sterk stated that the Chief and his attorney are anxious to get the check right away because of the potential veto of the new President. Discussion regarding finalizing the Agreement at this meeting and risks of giving him the check, but retaining the seven-day revocation clause as required by law. Attorney Xinos re-entered the meeting. Trustee Zannis explained their discussion and requested an opinion from Attorney Xinos. Village Manager Niemeyer explained why this Agreement cannot be called an Early Retirement Agreement. Attorney Xinos discussed the importance of the Chief receiving the check tomorrow. Village Manager Niemeyer and Village Attorney Sterk suggested that if the Chief revokes the agreement, he would have to return the check, subject to a penalty. Attorney Xinos explained that Chief Sheahan does not want to be involved in a lawsuit. Litigation and payment of attorneys’ Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 April 26, 2011 fees were discussed in relation to the Chief not receiving the money. Lengthy discussion regarding possible temporary restraining order against the settlement, litigation and liability to the Village. Concerns were expressed about the Chief having a badge for retired police chief. Consensus not reached regarding the Chief having a retired chief badge and authorization to carry a gun, but majority did not agree to this. Attorney Xinos stated that they had not agreed to the severance amount, but did not want to delay the approval. Trustee Aktipis stated that he thought the severance amount was supposed to be for nine months, the early retirement incentive plus six months. Attorney Xinos exited the meeting at approximately 10:11 p.m. Consensus to pay the Chief tomorrow and make the changes in the Agreement as discussed. Discussion ensued regarding whether the severance amount should be six months or four months. Village Manager Niemeyer stated that the Chief was not eligible for the early retirement incentive because he has not worked at the Village long enough. Consensus was not reached, but a majority agreed to four months severance. Village Manager Niemeyer also explained the confidential disclosure clause in the Agreement and the Board should not disclose any information and that it can only be obtained through a FOIA. 4. 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) A. Fire Union Contract Assistant Village Manager presented the Board with the tentative contract with the fire union and stated that all outstanding grievances have been withdrawn, saving the Village between $30,000 and $65,000 in litigation costs. He stated that the union is requesting an extension of the no lay- off clause until March 31, 2013 in the event that the parties do not reach an agreement. He stated that with the approval of the contract of the Board, the union membership would vote on it and ratify the contract. Discussion ensued regarding that this agreement should be confidential until after it is ratified by the membership and a press release is issued. 5. ADJOURNMENT Motion by Trustee Aktipis, seconded by Trustee Wolin, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:29 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk