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HomeMy WebLinkAboutMinutes - 06/14/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 June 14, 2011 MINUTES OF THE JUNE 14, 2011 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON 1. CALL TO ORDER The Closed Meeting of June 14, 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 8:45 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, Library Director Sue Madorin President Lalmalani requested that rules of decorum regarding maintenance of order be followed during closed session meetings, specifically, being recognized before speaking without sidebar conversations, being respectful, staying focused on the agenda. He stressed the importance of confidentiality of matters and discussions in closed session meetings. 3. TO CONSIDER THE FOLLOWING PERSONNEL AND LEGAL COUNSEL MATTERS PURSUANT TO SECTION (2(c)(1) OF THE ILLINOIS OPEN MEETINGS ACT: A) Replacement of a Full Time Employee at the Library Assistant Village Manager Wing explained that a technical services full-time employee had resigned and related the discussions he and Library Director Madorin had regarding expanding the position, breaking it down to two part-time positions, just filling the full-time position as it is now –or- moving it to a more middle-management position (Option #3 in memorandum). Library Director Madorin informed the Board that there are currently two part-time employees who are extremely well-qualified and she suggested that these individuals could be promoted to full-time positions with more responsibilities. She discussed a goal of returning the library to the standard ways most libraries function: having supervisors in the Circulation Department, Reference Department, Technical Services Department and eventually the Youth Services Department. Lengthy discussion ensued regarding the cuts made to the library in 2009 and the current options offered in the memorandum presented. Library Director Madorin exited the meeting at 9:13 p.m. B) Hiring Labor Attorney Village Attorney Friedman discussed Holland and Knight’s labor and employment experience and also suggested that he could provide insights into the other labor firms. He cautioned against carving out too much from the Village Attorney’s role as the general counsel, dividing legal services so much that it becomes cumbersome for staff. He stated that he believes it’s optimal to have the Village Attorney handle all matters, but that prosecution services and labor (collective bargaining) services are amenable to being handled by separate counsel. He also cautioned against making a decision based solely on the hourly rate for the legal services provided. Village Attorney Friedman exited the meeting at 9:25 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 June 14, 2011 Village Manager Niemeyer discussed what matters could best be handled by the Village Attorney and what matters by separate legal counsel, including a separate attorney for the Board of Fire and Police Commissioners (BFPC) for litigation or discipline matters. He discussed the different labor attorney proposals received. Discussion ensued regarding the value of having separate legal counsel for certain matters and the needs of the Village regarding labor matters. Assistant Village Manager Wing presented a table of outstanding litigation matters and stated that it was hoped that there would be less than ten in a month or two. He discussed switching particular matters from the Odelson, Sterk firm to Holland and Knight or one of the labor firms. Village Manager Niemeyer explained that this process was done in 2007 and usually the previous law firm was kept if they had already invested a lot of time in the matter. He also discussed the importance of the BFPC maintaining separate legal counsel for discipline matters especially, since they are the only commission which is a separate entity as far as decision-making, but that the BFPC would need approval from the Board for hiring separate legal counsel. Village Attorney Friedman re-entered the room at approximately 9:42 p.m. President Lalmalani informed Village Attorney Friedman that the Board would be interviewing approximately three of the firms who provided labor proposals, including Holland and Knight. 4. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2(c)(11) OF THE ILLINOIS OPEN MEETINGS ACT: A) Westmont/35th Street and Cass Issue Community Development Director Robert Kallien entered the meeting at 9:43 p.m. Village Manager Niemeyer discussed the meeting between he, President Lalmalani and the Mayor and Village Manager of Westmont, the latter who believes that the property in question should remain open space, as was the intent of the Butlers. Village Manager Niemeyer stated that it would be preferable because of potential changes in village boards to have an open space agreement in perpetuity stating the same and giving Westmont an undisputed right to jurisdiction. He stated that the first step would be to get the ok from the Board and then pursue with Westmont and the Westmont Park District. Village Attorney Friedman stated he had discussed the issue with Attorney Ken Kubiesa, representing the Westmont Park District. Village Attorney Friedman discussed at length the Complaint drafted by Attorney Kubiesa against the disconnection filed by the Village of Oak Brook and the proposed Pre-Annexation Agreement. Lengthy discussion ensued regarding the open space restriction, options and interests of the residents of Oak Brook, including putting in a cul-de-sac at the property and getting the Butlers involved. Consensus given to direct the Village Manager to draft a letter to Westmont and proposing an open space agreement as discussed. B) DuPage Housing Authority Update Village Manager Niemeyer explained that the DuPage Housing Authority agreed to drop the appeal, both sides agreeing to dismiss. He voiced concerns about making sure this issue does not arise in the future. Village Attorney Friedman stated that if the proposed affordable housing development in the current litigation is dropped, the DuPage Housing Authority would have to start completely over with a new proposal. Community Development Director Robert Kallien exited the meeting at 10:09 p.m. C) Naus Case Assistant Village Manager stated that this matter is set to go to trial in July and asked the Board whether to stay the course or authorize a settlement amount. Agreement to stay the course. Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 June 14, 2011 D) Peterson’s Case Village Attorney Friedman explained that the Fraternal Order of Police (FOP) filed an Administrative Review appealing the dismissal of Peterson and discussed the particulars of the BFPC’s dismissal of Peterson, how the appeal process proceeds and how the judge will perceive the evidence and previous discipline. He stated that if the guilty verdict given by the BFPC on Count I is upheld, the Village will have a better chance of winning the appeal. He explained that at the same time the BFPC hearings were occurring, the discipline issue in the FOP contract went to interest arbitration and resulted in a union award. Subsequently, Village Attorney Friedman stated that a grievance has been filed stating that the interest arbitration award is retroactive and would wipe out the Peterson discipline. He stated that the FOP has raised due process issues and he also explained the exculpatory evidence rule and how it relates to this matter. Discussion ensued about what the Village should do if the BFPC’s decision is not upheld, the potential arbitration outcome and previous discipline. Assistant Village Manager Wing stated that the Board needs to decide on whether these matters should continue to be handled by Odelson, Sterk or will switch to Holland and Knight. Consensus minus one to have Holland and Knight handle the Peterson matter going forward. CONFIRMATION OF APPOINTMENTS – Board of Fire and Police Commissioners – tabled from open meeting – Agenda Item #10.A.1. Concerns were expressed about the impact of replacing two-thirds of the BFPC at this time and suggestions to delay at least the second appointment. Discussion ensued regarding the experience of the candidates and their qualifications. A concern was expressed regarding board or commission members serving on expired terms and that a policy should be in place to inform the President and Board of Trustees of term expirations and reappointments needed. 5. ADJOURNMENT Motion by Trustee Wolin, seconded by Trustee Manzo, to adjourn the Closed Meeting and Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 11:08 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk