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HomeMy WebLinkAboutMinutes - 08/06/2012 - Board of Trustees (2)Additional Highlighted Text on page 2 (11/8/12) Village of Oak Brook Special Closed Meeting Minutes Page 1 of 3 August 6, 2012 MINUTES OF THE AUGUST 6, 2012 SPECIAL 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 August 6, 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 6:15 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, Trustee Elaine Zannis ABSENT: IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman 3. FOR THE PURPOSE OF DISCUSSING (1) THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES AND LEGAL COUNSEL OF THE PUBLIC BODY AND (2) LITIGATION MATTERS PURSUANT TO SECTION 2C(1) AND 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY (Interview of Investigators for the SLEP issue.) President Lalmalani stressed that this meeting should be extremely focused on the facts surrounding: (1); the appointment and approval of Tom Sheahan as police chief in 2005 and the negotiation and approval of his contract in 2005; (2) the 2007 SLEP legislation Mr. Sheahan took advantage of by transferring his Chicago credits and thereby increasing the Oak Brook pension liability, how it originated, how it happened, by whom, supported by whom and how it was advanced; and (3) retention of Molaro as a lobbyist for the Village in 2009, including any connection between the retention and Mr. Sheahan and the 2007 SLEP legislation. President Lalmalani discussed that the purpose of this meeting is investigating the investigators in relation to experience, familiarity with the pension code, whether they have any connections with residents, how the investigation will be conducted, how many hours the investigation will entail and the billing format, the time frame of the report and how it will be reported. Discussion ensued regarding placing a cap on the amount of hours and parameters of the investigation. Village Manager Niemeyer referred to the questions to be asked of the investigators and lengthy discussion ensued. Trustee Manzo informed those present that he had dealt with one of the interviewees in the past, but did not believe it would be a conflict of interest. Patrick Collins of Perkins Coie, LLP and Ray Rubinson entered the meeting at approximately 6:44 p.m. Mr. Collins discussed his qualifications and those of Mr. Rubinson who was a former FBI Agent. Mr. Collins explained how he would conduct the investigation and inquired as to the most important issues to the Board and better defining the scope of the investigation. A list of questions were asked by the Trustees. He affirmed that he would agree to cap on fees once the scope is narrowed and that Mr. Rubinson would be handling most of the investigation at a much lower hourly rate than that of Mr. Collins. Patrick Collins and Ray Rubinson exited the meeting at approximately 7:12 p.m. Additional Highlighted Text on page 2 (11/8/12) Village of Oak Brook Special Closed Meeting Minutes Page 2 of 3 August 6, 2012 General discussion ensued regarding the investigation process. Thomas Skinner and Theodore T. Chung of Jones, Day entered the meeting at approximately 7:22 p.m. Mr. Skinner and Mr. Chung explained their qualifications and types of investigations they have conducted and suggested a definition of the Board’s goals and parameters. A list of questions were asked by the Trustees. Mr. Skinner stated that they have no familiarity with the SLEP legislation. He agreed that his law firm is very flexible and would agree to a blended hourly rate and would be willing to work with a cap as long as the scope is agreed upon in advance. He stated that he would act as an advisor to the Board and his colleague would probably handle most of the investigation. Mr. Skinner and Mr. Chung exited the meeting at approximately 8:18 p.m. William Seith of Bryce Downey entered the meeting at approximately 8:23 p.m. Mr. Seith explained his qualifications and stated that he can assist in scaling down and identifying the scope of the investigation. A list of questions were asked by the Trustees. Mr. Seith discussed a tier approach in regard to the investigation and cautioned about preventing the investigation from tainting the IMRF Appeal and litigation. He stated that he has experience with pension issues and is familiar with SLEP. Mr. Seith exited the meeting at approximately 9:00 p.m. General Discussion ensued. Ronald Safer of Schiff, Hardin, LLP entered the meeting at approximately 9:06 p.m. Mr. Safer explained his qualifications and his experience with other investigations. A list of questions were asked by the Trustees. Mr. Safer discussed how he would conduct the investigation and affirmed that he would be agreeable to a reasonable cap on fees. Mr. Safer exited the meeting at approximately 9:50 p.m. Trustee Manzo suggested discussing the fees’ cap in detail with the interviewees. Trustee Yusuf suggested choosing two finalists and discussing fees in detail with them. Lengthy discussion ensued about the budget and whether or not $25,000 was reasonable. Trustee Manzo said he spoke with several residents that were attorneys and they said this type of fact-finding investigation should not exceed 50-60 hours at a reasonable rate ranging from $200-$300, thus, $20,000, and then Trustee Yusuf suggested $25,000. Lengthy discussion ensued regarding rating of the finalists and scope of investigation. Village Manager Niemeyer cautioned about broadening the scope because of litigation issues and suggested concentrating on the SLEP issue. Consensus regarding conducting the investigation to determine: 1. What the facts are surrounding appointment and approval of police chief and regarding his contract, including SLEP; 2. What the facts are surrounding 2007 SLEP legislation, its origination and support; and 3. What the fact are surrounding the retention of Molaro as lobbyist and any connection with Sheahan and the legislation. Consensus listing Collins and Skinner as top-ranked, depending on whether they are able to conduct the investigation at a cap of $25,000. 4. ADJOURNMENT Motion by Trustee Manzo, seconded by Trustee Yusuf, to adjourn the Closed Meeting and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried. The meeting adjourned at 10:14 p.m. Additional Highlighted Text on page 2 (11/8/12) Village of Oak Brook Special Closed Meeting Minutes Page 3 of 3 August 6, 2012 ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk