HomeMy WebLinkAboutMinutes - 06/04/2013 - Board of Trustees (2) MINUTES OF THE JUNE 4, 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 June 4, 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 6:31 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 (arrived at 6:40 p.m.)
IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing,
Village Attorney Peter Friedman (via teleconference), Attorney David Ader of
Ancel, Glink, et al.
3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE OR IMMINENT LITIGATION
MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT,
RESPECTIVELY
A. Stevens v. Village of Oak Brook
Village Manager summarized this matter and affirmed that about a $325,000 liability over a 30-
year period is involved and the potential liability of other employees who might be affected by
the IMRF threshold of 600 hours at the time of hire. It was affirmed that in January, 1982, the
Village changed the threshold to 1000 hours. Discussion ensued regarding whether IMRF
participation is the employee’s choice or a term of contract and Attorney Ader explained how
IMRF and the Appellate Court interpreted the statute and discussed that “membership” in a
pension plan shall be contractual per the State constitution. He stated that there are two
options: 1) to accept the Appellate Court decision, or, 2) to petition the Illinois Supreme Court.
He discussed the steps for going to the Illinois Supreme Court and he suggested filing a Petition
for Leave to Appeal with the Illinois Supreme Court. Village Attorney Friedman expressed his
opinion about the chances of the Illinois Supreme Court taking the case. Discussion ensued
regarding whether to continue spending money on appealing this case and Village Manager
Niemeyer explained the pay schedule if the Village is unsuccessful. Attorney Ader discussed
that the IMRF is perceived as an administrative agency and discussed issues to include in a
Petition for Leave to File an Appeal. He stated that the Village has a 50/50 chance of success
on the main constitutional issue and a 60/40 chance on the two administrative sub-issues.
Discussion ensued regarding whether to continue with an appeal or negotiate a settlement.
Attorney Ader exited the meeting at approximately 7:20 p.m.
Assistant Village Manager Wing exited the meeting at approximately 7:25 p.m.
Lengthy discussion continued regarding probability of success if the decision is appealed to the
Illinois Supreme Court, whether to attempt to negotiate a settlement and pension liability
estimates. Consensus to go with Option 1 above and agree to the pension payments without
attempting negotiation.
6. ADJOURNMENT
Motion by Trustee Manzo, seconded by Trustee Baar, to adjourn the Closed Meeting and
Not Released – 05-13-14
Village of Oak Brook Special Closed Meeting Minutes Page 1 of 2 June 4, 2013
Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 7:49 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk
Village of Oak Brook Special Closed Meeting Minutes Page 2 of 2 June 4, 2013