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HomeMy WebLinkAboutMinutes - 05/24/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 May 24, 2011 MINUTES OF THE May 24, 2011 REGULAR 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 May 24, 2011 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 9:45 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 Zannis ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman 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. Manager’s Contract Village Attorney Friedman discussed that the present Village Manager’s contract was entered into in December, 2007 and that there had been a question about whether Dave Niemeyer’s appointment as Village Manager expired with the end of the term of the last Village President. Village Attorney Friedman stated that Illinois Municipal Code, Section 537, specifically authorizes the municipality to have the Village Manager’s contract with an indefinite term and the term of Mr. Niemeyer’s contract is indefinite until he resigns or is terminated with or without cause. Village Attorney Friedman stated that, while not legally required, it is always a good practice to review the contract and stated that this particular Statute only refers to a Village Manager. Village Manager Niemeyer stated that the contract terms are fine, but requested that the Board have a discussion after the pay study report is received about increasing his salary in the light of not receiving an increase in about four years. Village Manager Niemeyer and Assistant Village Manager Wing exited the meeting temporarily at approximately 9:50 p.m. Discussion ensued regarding the terms of the Village Manager’s contract and some concern was expressed regarding multi-year contracts and reluctance from Village staff regarding the Taste of Oak Brook. It was also discussed that a short-term contract might be preferable which would include objectives for the Village Manager to achieve such as the Bath and Tennis Clubhouse or customer service. It was discussed that innovative, creative suggestions should be expected from the Village Manager. It was suggested to make the Village Manager’s contract for one year. Outside consultant studies were discussed as to their necessity or not. Village Attorney Friedman suggested leaving the contract as is except for including performance standards and discussion ensued regarding providing these modifications regarding measurable standards. President Lalmalani requested that Trustees Zannis and Manzo draft these specific modifications and e- mail to the Village Attorney for review and dissemination. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 May 24, 2011 Village Manager Niemeyer and Assistant Village Manager Wing re-entered the meeting at approximately 10:15 p.m. B. Sky Bar/BGA Review and Police Management Study Village Manager Niemeyer explained that per the Village President’s direction he had interviewed the three Police Lieutenants regarding their involvement with providing information to the BGA regarding the Sky Bar incident and discussed what was revealed in the interviews. Questions were asked about the BGA involvement and actions by police personnel. Discussion ensued regarding the investigation, notes and police reports. Concern was expressed about the actions of police personnel being politically motivated and that a thorough third party investigation is necessary. President Lalmalani clarified that the assignment he gave to Village Manager Niemeyer was only about determining if any illegal information was leaked. Village Manager Niemeyer agreed to provide the Village Attorney the information which was given to the BGA and have him review it along with the Police Department General Orders. Concerns were expressed about perception of conducting an investigation of the police department and the Sky Bar incident. Lengthy discussion ensued regarding the value of further investigating the Sky Bar incident and actions of police personnel. C. Discussion of next Steps – Hiring of Permanent Police Chief Village Manager Niemeyer presented a timetable showing a 90-day period for the process for hiring a permanent police chief. D. Larson’s Contract Village Manager Niemeyer discussed extending Steve Larson’s contract as police consultant, and that he can now be referred to as Acting Police Chief. Village Manager Niemeyer informed the Board that the communication between the police department and the Village Manager’s office is significantly better and the morale of the officers is much better. He explained that he and police command are responding to problem employees better and those individuals are being held more accountable than in the past and that police command are also working toward resolving pending union grievances. He stated that he has been given a draft of a restructuring of the department which is comprehensive and offers significant savings. He also stated that a comprehensive report has been given to them regarding the DUI prosecution issues which provides a good understanding of this. Due to crime prevention/community relations staff being reassigned, Village Manager Niemeyer stated there has been a savings of about 100 hours in overtime and that Larson has been doing a good job. Concerns were expressed about Larson earning consultant pay while receiving his police pension and also that he acted inappropriately in the past in regard to the behavior of rogue officers. It was suggested that an outside objective person would be a better acting chief. Consensus minus one Trustee to extend Steve Larson’s contract. 4. THE PURCHASE OR LEASE OF REAL PROPERTY FOR USE OF THE PUBLIC BODY, INCLUDING MEETINGS HELD FOR THE PURPOSE OF DISCUSSION WHETHER A PARTICULAR PARCEL SHOULD BE ACQUIRED (2C5). A. Westmont/35th Street and Cass Issue Village Attorney Friedman discussed his opinion memorandum regarding this issue and advised all parties possibly sitting down to discuss the issue before becoming involved in litigation. Discussion ensued regarding how best to deal with the issue, talking with the Butler Family, getting the Westmont Board’s agreement and whether to contact the press. 5. 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 Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 May 24, 2011 TRIBUNAL, OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR IMMINENT (2C11) A. Salazar Settlement Village Manager Niemeyer brought the Board up to date on the history and the offer of a backhoe for six days. Consensus to agree to the use of the backhoe on the property for six days. 6. 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. The meeting adjourned at 11:36 p.m. ATTEST: Charlotte K. Pruss Village Clerk