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HomeMy WebLinkAboutMinutes - 05/22/2012 - Board of Trustees (2) MINUTES OF THE MAY 22, 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 22, 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 8:29 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: IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Attorney James DeAno 3. TO DISCUSS THE 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. Fire Department Staffing -- This matter was discussed immediately after Agenda Item 4.A. Fire Chief Tom McEllin entered the meeting at approximately 9:25 p.m. Fire Chief McEllin explained the situation of a current fire lieutenant retiring because of a serious medical condition and also the overtime incurred when the shift is short an officer. He stressed the importance of having qualified lieutenants rather than multiple officers “acting up”. Consensus to approve the promotion and authorize the Board of Fire and Police Commissioners to proceed. Fire Chief McEllin exited the meeting at approximately 9:31 p.m. 4. TO CONSIDER THE FOLLOWING LITIGATION MATTERS PURSUANT TO SECTION 2c(11) OF THE OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Paul Jacobs v. Village of Oak Brook (PSEBA Case) – This matter was discussed immediately after Agenda Item 5.B. Village Manager Niemeyer discussed that the Board should consider a settlement because Ancel, Glink believes this case will be an uphill battle and if Jacobs wins the case, he would be on the Village’s basic health care plan in addition that if his wife loses her medical benefits, she would also be on the health plan. He added that Jacobs’ five children are currently on the Illinois “All Kids” coverage. Village Attorney Friedman stated that the Village would be paying Jacobs’ wife’s health insurance contributions, though. Village Manager Niemeyer explained that per the settlement proposal, the Village would pay Jacobs $9,900 for past medical expenses and $12,000 towards attorney’s fees, and that this proposal would be negotiated. Village Manager Niemeyer reiterated that if Jacobs wins the lawsuit, his entire family would be on the health plan. Trustee Moy explained the medical history of this matter and discussion ensued regarding the process and fitness for being hired as a firefighter. B. SKY Bar Lawsuit – This matter was discussed prior to Agenda Items 3.A. and 4.A. Village Attorney Friedman discussed the recently filed Second Amended Complaint. Not Released - 5/13/14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 May 22, 2012 Attorney DeAno informed the Board that the DuPage Housing Authority matter had been dismissed and sending out a press release was discussed. Mr. DeAno then reviewed the previous Complaint regarding the SKY Bar, Craig, Sheahan matter and that it had been dismissed for want of prosecution without prejudice. He stated that the Second Amended Complaint was not filed in the required thirty days of that dismissal, so there might be basis to vacate that. He stated that they would then be required to re-file the case within the statute of limitations. He discussed strategy and procedures and remarked that copies of the summonses and complaint were “dropped off” at the Village, but that this was not proper service on the individual defendants. Mr. DeAno stated that the best strategy for the Village would be to appear for the Village and for the pertinent individuals in their “official” capacity. He criticized the content of the Second Amended Complaint and lack of evidence shown for defamation. Discussion ensued regarding the SKY Bar liquor license and that it had been revoked by the State of Illinois prior to being revoked by the Village. The hostile work environment and defamation claims were also discussed. Trustee Wolin inquired regarding a potential investigation and public discussions of same. Attorney DeAno cautioned against a public investigation and discussions in relation to the lawsuit because they could be beneficial to the Plaintiffs’ case. Discussion ensued regarding the type/scope of an investigation which should be conducted and how it should be conducted. Village Attorney Friedman cautioned the Board about sending e-mails regarding this matter without an attorney on the e-mail because then the information is not considered privileged. Village President Lalmalani stated that public discussions regarding matters like this must stop and discussion ensued regarding transparency and responding regarding the scope of any investigation and not touching on litigation issues which would be pursued in discovery. It was suggested that any matters deferred from investigation should be investigated eventually and that the questions which are being investigated could be part of an open dialogue. It was also suggested that the Village Manager could compile a list of questions from the Board and the previous Board and these could be discussed in the next closed session. It was discussed that there could be actually two investigations, one for the police department, which was discussed by the previous Board, and one regarding Sheahan and the Molaro investigation. Village Attorney Friedman discussed that internal investigations may be conducted in secret and does not believe a specific investigation at this time is not advantageous to the Village. He stated that the SLEP matter pre-dates the allegations of the litigation and could be investigated at this time. Agreement to delay an investigation pertaining to the litigation until after the case is dismissed, but a list of questions for open session discussion should be prepared by the Village Manager. Attorney DeAno exited the meeting at approximately 9:14 p.m. 5. TO CONSIDER THE PURCHASE OR LEASE OF REAL PROPERTY PURSUANT TO SECTION 2c(5) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Westmont/35th Street and St. Pascal’s Property Village Manager Niemeyer discussed that he had had a conversation with Mr. Allegra and offered $180,000 for the property. Village Manager Niemeyer stated that Mr. Allegra expressed that he did not agree to this offer and thought that the Village should offer no less than $200,000 and could afford $225,000. The majority of those present agreed to make an offer not exceeding $200,000--$210,000. 5. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Wolin, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 May 22, 2012 The meeting adjourned at 9:37 p.m. Trustee Yusuf exited the meeting. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 May 22, 2012