HomeMy WebLinkAboutMinutes - 05/28/2013 - Board of Trustees (3) MINUTES OF THE MAY 28, 2013 SPECIAL CLOSED MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK
BROOK APPROVED AS WRITTEN ON JULY 23, 2013.
1. CALL TO ORDER
The Closed Meeting of May 28, 2013 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 6:07 p.m.
2. ROLL CALL:
Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President Gopal G. Lalmalani, Trustee Donald Adler, Trustee John Baar,
Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf
ABSENT: Trustee Michael Manzo
IN ATTENDANCE: Village Manager Dave Niemeyer, Village Attorney Peter Friedman, Assistant
Village Manager Blaine Wing, Finance Director Sharon Dangles
3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE OR IMMINENT LITIGATION
MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT,
RESPECTIVELY
A. Polo Contract
Village Manager Niemeyer discussed the non-fulfillment of the contract and formally notifying
the contractor that he is in breach of the contract. He also mentioned the expenses that the
Village will need to pick up now. Village Attorney Friedman discussed that the reason for being
in closed session is because there has clearly been a breach of contract. Assistant Village
Manager Wing stated that the expenses would include about $2,000.00 per match to cover
players and officials. Discussion ensued whether to pursue litigation and what the Village
should request from the contractor under the contract before it is terminated.
Trustee Manzo entered the meeting at approximately 6:24 p.m.
B. SLEP/Sheahan IMRF Appeal
Attorney Vic Filippini of Holland & Knight joined the meeting via teleconference at approximately
6:30 p.m.
Attorney Filippini explained that there are three major issues regarding the IMRF calculations for
Mr. Sheahan’s pension. He stated that the Oak Brook time was aggregated with the time
Sheahan spent with the City of Chicago and the Village of Deerfield, and, while not an
uncommon under the Illinois Pension Code, the aggregation of time was not specifically
authorized by the Village. Attorney Filippini discussed a change in the statute which allowed
former Chicago employees to transfer into the SLEP their creditable service earned under
Chicago, but that the Deerfield time could always have been transferred into IMRF. He further
discussed that the legislation was only good for a six-month window and only benefitted one
person and that the Chicago transfer was unconstitutional. Attorney Filippini discussed at
length what occurred with Sheahan’s service credits, the facts surrounding his retirement,
IMRF’s interpretation of the pension statute and their subsequent determination.
Attorney Filippini stated that if the Village Board wants to pursue filing an administrative review
action appealing the IMRF Board’s decision, it would need to be done by the latter part of next
week with the DuPage County Circuit Court. Discussion ensued regarding action to take and
arguments to present to the court. Consensus to have Holland and Knight move forward with
Not Released – 05-13-14
Village of Oak Brook Special Closed Meeting Minutes Page 1 of 2 May 28, 2013
administrative review.
C. Park District Lighting Issues – this item was not discussed during this closed session
6. ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Moy, to adjourn the Closed Meeting and
Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 7:00 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk
Village of Oak Brook Special Closed Meeting Minutes Page 2 of 2 May 28, 2013