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HomeMy WebLinkAboutMinutes - 05/08/2012 - Board of Trustees (2) MINUTES OF THE MAY 8, 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 Closed Meeting of May 8, 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 8:55 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 Gerald Wolin, Trustee Asif Yusuf, Trustee Elaine Zannis (entered at 8:57 p.m.) ABSENT: Trustee Mark Moy IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant Village Manager Blaine Wing, Attorney 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY Ancel, Glink Attorneys David Lefkow and Darcy Proctor entered the meeting at approximately 8:57 p.m. A. Paul Jacobs v. Village of Oak Brook (PSEBA Case) Assistant Village Manager Wing summarized this claim. Attorney Lefkow explained the liability issues and stated that the Court will be deciding whether Jacobs’ injuries entitle him to lifetime health benefits. Attorney Lefkow stated that there is a 50% chance of Jacobs prevailing. Attorney Lefkow discussed the history of Jacobs’ injuries and that one was a qualifying event for PSEBA, but that Jacobs returned to work afterwards; he was later awarded a line-of-duty disability. Attorney Lefkow affirmed that the injuries are not under dispute, but whether they can be considered cumulative and whether the issues are considered traumatic or degenerative. He discussed the economic factors of a settlement offer regarding paying him back the health insurance costs since his disability award and also paying his attorney’s fees. Discussion ensued regarding potential liability of losing this case and different options. Attorney Lefkow advised attempting to avoid the high costs of insurance for the dependents and through the PPO program. He suggested that offering HMO insurance for Jacobs or providing a cash settlement, but stating that the dependents should remain on the insurance plan they are part of now. Consensus to make a settlement offer of HMO insurance for Jacobs and/or his family and pay his attorney’s fees. Attorney Proctor discussed case law in regard to entitlement of the Plaintiff to legal fees, but that Jacobs’ attorney has capped his fees at $15,000. Ancel, Glink Attorneys David Lefkow and Darcy Proctor exited the meeting at approximately 9:22 p.m. B. Sheahan - SLEP Issue Village Attorney Friedman explained that Sheahan has a little less than ninety days to respond to the Village’s appeal of his pension benefits and that the hearing would be sometime in July or early August. Discussion ensued regarding whether to conduct an investigation of the police department in regard to the hostile work environment claim. It was suggested that a list of questions be submitted to the Village Manager and compiled into a Request for Qualifications to Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 May 8, 2012 assess the costs of an investigation and interview similarly to what was done before and include Patrick Collins. Discussion ensued regarding whether there was a conspiracy between the SLEP legislation and the lobbyist contract. Village Manager Niemeyer stated that Mr. Collins made it clear that he concentrates mainly on investigating corruption claims. C. Westmont/35th and Cass Property Village Attorney Friedman explained that the Complaint has been filed regarding the repeal of the disconnection and the Village has answered in the context that the restrictive covenant remain in place. He discussed the Park District’s settlement offer appears to not agree that the restrictive covenant specifying use by passive park purposes is enforceable. D. Legal Case Update Agreement to table this matter. 4. TO DISCUSS THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY OF THE PUBLIC BODY PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Employee Promotion Assistant Village Manager Wing explained that he is seeking authority to promote the IT Manager to Assistant Director of the IT Department due to additional responsibilities and large projects. He stated that as Assistant Director, this person would be in charge of the IT Staff. Discussion ensued regarding this promotion and consensus affirmed. Village Manager Niemeyer discussed that this promotion would shift some of the Assistant Village Manager’s IT responsibilities to allow more concentration on economic development issues. Village Manager Niemeyer informed the Board that supervision of the front desk staff had recently been shifted from the Assistant Village Manager to the Finance Director to balance out the number of employees supervised by any individual and work more efficiently. B. Employee Discipline Issue Village Manager Niemeyer discussed a specific employee’s positive technical, but deficient communication skills in regard to temperament and management. He stated that he believes the most recent incident warrants more than just a reprimand which he is authorized to give and suggested a paid or unpaid suspension and anger management classes. Discussion ensued regarding resolution of this matter and it was suggested that post-anger class evaluations and training should occur and that a suspension is probably not the best resolution. 5. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Negotiations Update Assistant Village Manager Wing informed that a verbal agreement had been reached with the union and he was in the process of typing the revised agreement for the attorneys to review. He stated that the next steps will be ratification by the union membership and then the contract will be brought back to the Board. B. Fire Grievances Fire Chief Tom McEllin entered the meeting at approximately 10:15 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 May 8, 2012 Assistant Village Manager Wing reminded the Board that there is a grievance and also an unfair labor practice in relation to the policy restricting compensation time and explained the grievance/arbitration steps and costs. Chief McEllin explained what they are doing to negotiate this issue to try to avoid going to arbitration and stated that using compensation time often has over-time pay as a consequence. Assistant Village Manager Wing requested authority to use the labor attorneys to prepare for arbitration and also authority to continue to reach settlement. 6. TO CONSIDER THE PURCHASE OR LEASE OF REAL PROPERTY PURSUANT TO SECTION 2C(5) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Westmont/35th and St. Pascal’s Property Village Manager Niemeyer related his most recent conversation with Bob Allegra wherein $125,00 was offered and Mr. Allegra replied that Mr. Niemeyer should not come back until he offers at least $200,000. Consensus to offer $180,000 and go up to $200,000 if necessary. 7. ADJOURNMENT Motion by Trustee Yusuf, seconded by Trustee Aktipis, to adjourn the Closed Meeting and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:23 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 May 8, 2012