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HomeMy WebLinkAboutMinutes - 09/13/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 September 13, 2011 MINUTES OF THE SEPTEMBER 13, 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 September 13, 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 9:47 p.m. 2. ROLL CALL: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President Gopal G. Lalmalani, Trustee Michael Manzo, Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf and Trustee Zannis ABSENT: Trustee Stelios Aktipis IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman 3. 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 TRIBUNAL, OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR IMMINENT (2c11) A. Richter v. Village of Oak Brook Assistant Village Manager Wing discussed the Richter litigation historically and explained that the counterclaim of the Village wherein all counts had been overturned and remanded back for attorney fees and reversed the award in Appellate Court. He stated that Staff is recommending that the Village Board consider appealing this decision and referred to a memorandum provided to the Board. He stated that regarding 1. litigating to have the Appellate decision “published”, Staff is recommending to not pursue this. Regarding 2. the bankruptcy case, Mr. Wing stated that Staff is recommending no action. Pertaining to 3., he stated that no action is recommended by staff. He further stated that Staff is recommending appealing the decision in one of two ways: 1. Seeking a re-hearing in the Appellate Court, or, 2. Appealing to the Illinois Supreme Court. He explained that Richter’s attorney also represents five or six other Oak Brook cases and if the Richter decision is not appealed, the Village may have a number of other former employees going after PSEBA benefits – lifetime health benefits for individual and dependents. Village Attorney Friedman discussed that with this type of harsh Appellate decision, it would be beneficial to pursue this matter and an appeal to the Illinois Supreme Court would be justified. Village Manager Niemeyer discussed the amount of monies spent in litigation versus PSEBA awards. Discussion ensued regarding this case and legal fees. Consensus given to direct the Staff and the attorney to proceed to appeal the Richter case with the Illinois Supreme Court. B) Peterson Case Village Attorney Friedman informed the Board that a Response had been filed by them to reopen the case. He discussed that Ms. Cummings stated that an Affidavit that was to have been reviewed and signed by Attorney John DeRose was accidentally sent to Acting Police Director Steve Larson regarding the case. Village Attorney Friedman stated that he has learned that there had been communications between Acting Police Director Larson and Attorney DeRose, who was possibly representing Stephen Peterson in a civil case. Village Attorney Friedman stated that he learned that the content of those communications was allegations of serious misconduct by Chief Sheahan that, if true, may have negatively impacted the outcome of the Police Board hearing Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 September 13, 2011 against Stephen Peterson. He stated that he then informed Attorney Cummings of the information provided to him relevant to her case. Village Attorney Friedman reported that Acting Police Director Larson reported to him and Village Manager Niemeyer that he had talked mainly to Attorney DeRose with the thought of retaining him as counsel should the need arise, due to concerns about erratic behavior and personnel and other decisions being made by Chief Sheahan. Village Attorney Friedman stated that Acting Police Director Larson was angry that his confidential communications with Attorney DeRose had been breached. Village Attorney Friedman stated that the only concern should be in resolving the Peterson case, not potential legal action by or against Chief Sheahan. He stated that he and Village Manager Niemeyer made it clear to Acting Police Director Larson no further communication should take place. Discussion ensued at length. C) Sky Bar Liquor License Update President Lalmalani discussed his meeting at the Sky Bar with Village Attorney Friedman, Assistant Village Attorney Marlo DelPercio, Village Manager Niemeyer, and a court reporter along with Sky Bar representatives, but President Lalmalani stated opposing counsel never showed up for the revocation hearing on the liquor license. Village Attorney Friedman reviewed the reasons for the liquor hearing and stated there was no response from the Sky Bar representatives and the license was revoked. He stated that a Notice of Revocation will be delivered and that an ordinance reducing the number of liquor licenses should be passed at the earliest convenience. 4. 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. Non-Union Salary Increase Finance Director Sharon Dangles entered the meeting at 10:25 p.m. Assistant Village Manager Wing discussed the proposal to recognize and compensate the non- union employees. He stated that a compensation study committee, which included Trustees Zannis and Wolin, have been working on this proposal as well as discussing that sixteen employees are still moving through grade and have not been able to earn merit increases, whether due to being promoted or being recently hired; he explained that these individuals had been doubly impacted by not receiving a Cost of Living Adjustment (COLA) as well as merit since 2009. He stated that the proposal includes a 2% merit adjustment for these employees and a 1.5% increase for all non-union employees and discussed the costs of retroactivity to January or July, 2011 and that either option is budgeted. Trustees Wolin and Zannis discussed the compensation study and the differences between the private and public sector, as well as how the impacted employees have performed during the last couple of years. Discussion ensued regarding the retroactivity time frame and percentages of the increases. Consensus to approve the committee’s recommendation of a 2% merit adjustment for the sixteen people affected and 1.5% for all non- union employees. Finance Director Sharon Dangles exited the meeting at 10:48 p.m 5. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS BETWEEN THE PUBLIC BODY AND ITS EMPLOYEES OR THEIR REPRESENTATIVES, OR DELIBERATIONS CONCERNING SALARY SCHEDULES FOR ONE OR MORE CLASSES OF EMPLOYEES (2C2) A. Police Negotiations Update Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 September 13, 2011 Assistant Village Manager Wing discussed the 2.5% wage increase authority given him by the Board in 2009. He stated he met with the former union steward and the new union steward. He stated that the new union steward, Paul Plinske, appears to be taking a harder line with wages and wanted between a 3-4% increase to extend the contract. It was requested that Mr. Wing provide the union with comparables. 6. TO DISCUSS MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THE OPEN MEETINGS ACT, WHETHER FOR THE PURPOSE OF APPROVAL BY THE BODY OF THE MINUTES, OR FOR SEMI-ANNUAL REVIEW OF THE MINUTES AS REQUIRED BY THE OPEN MEETINGS ACT (2C21) A. Release of Closed Meeting Minutes to the General Public from August 10, 2010 to May 24, 2011 1. Closed Regular Meeting Minutes of August 10, 2010 2. Closed Regular Meeting Minutes of September 14, 2010 3. Closed Regular Meeting Minutes of September 28, 2010 4. Closed Special Meeting Minutes of October 12, 2010 5. Closed Regular Meeting Minutes of October 12, 2010 6. Closed Regular Meeting Minutes of October 26, 2010 7. Closed Regular Meeting Minutes of November 9, 2010 8. Closed Regular Meeting Minutes of November 16, 2010 9. Closed Regular Meeting Minutes of December 4, 2010 10. Closed Regular Meeting Minutes of December 14, 2010 11. Closed Regular Meeting Minutes of January 11, 2011 12. Closed Regular Meeting Minutes of January 25, 2011 13. Closed Regular Meeting Minutes of February 22, 2011 14. Closed Regular Meeting Minutes of March 8, 2011 15. Closed Special Meeting Minutes of March 22, 2011 16. Closed Regular Meeting Minutes of March 22, 2011 17. Closed Regular Meeting Minutes of April 12, 2011 18. Closed Regular Meeting Minutes of April 19, 2011 19. Closed Regular Meeting Minutes of April 26, 2011 20. Closed Regular Meeting Minutes of May 24, 2011 7. ADJOURNMENT Motion by Trustee Yusuf, 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 10:59 p.m. ATTEST: Charlotte K. Pruss Village Clerk