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HomeMy WebLinkAboutMinutes - 09/27/2011 - Board of Trustees (4)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 September 27, 2011 MINUTES OF THE SEPTEMBER 27, 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 27, 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 8:32 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 Elaine Zannis ABSENT: IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman 3. 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 Assistant Village Manager Wing discussed the comparable communities’ minimum and maximum salaries and stated that Oak Brook is on target with the minimum salaries, but the union believes Oak Brook is below the maximum salaries of the comparables. He stated that he believes that unless he has 3% authority, there probably will not be a chance to settle and it would be advisable to negotiate a new contract, rather than an extension. Discussion ensued regarding other communities’ increases and recommendations for amount of increase and length of contract. There was also discussion regarding negotiation strategies and securing legal opinions possibly from Labor Attorney Robert Smith. Agreement to obtain a legal opinion regarding the above. 4. 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. Closed Session Tapes Review Policy Village Manager Niemeyer explained that there have been multiple requests to listen to closed session tapes and the Village Attorney feel that there should be a procedure in place to protect the Village regarding oversight as to what could happen to the tapes. Village Attorney Friedman stated that Illinois municipalities are the only organizations in Illinois which were mandated a few years ago to tape record their private meetings due to the sensitive or financial nature of the meetings. He stated that the statute only requires that the tapes are secured, but many municipalities create a particular procedure for access to the tapes. Discussion ensued regarding allowing open access to Trustees and protecting the confidentiality. It was suggested that a provision for copying tapes and keeping on the Village premises with limited access. It was also suggested that a Trustee, upon request, can listen to any tape in any office in Village hall. Village Clerk Pruss expressed concerns about making copies of every meeting and described the security regarding the meeting tapes. Assistant Village Manager Wing suggested creating an electronic copy which is encrypted and pass-protected. Concerns were expressed about not limiting the location to listen to the tapes. Village Attorney Friedman stated that verbatim tapes of a meeting Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 September 27, 2011 must exist for 18 months and after that time, assuming minutes of the meeting have been approved, then the Board, and only the Board, can approve destruction of the tapes. He stated that if a Trustee violates the confidentiality of a tape, it is the same as violating the confidentiality of a closed meeting. Discussion ensued regarding potential legal ramifications. It was agreed that no other recording devices can be operating while listening to the tapes and should be listened to in the presence of the Village Clerk or the Village Manager or someone else. B. Closed Session Policy – Approving Minutes Village Attorney Friedman stated that in regard to the written minutes of closed session, the statute requires that once the minutes are approved, the municipality will take a look at the approved closed session minutes every six months and decide whether they should remain confidential in entirety, whether any part of them should be released or can be released in entirety. In regard to approving the closed session minutes, he stated there is an ambiguity in regard to whether closed session minutes may be approved in closed session and some municipalities do approve in closed session and others approve them in open session. It was agreed that to avoid any perception of a violation of the Open Meetings Act, closed session minutes should be voted on in open session. 5. 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. Police Chief Search Update Discussion ensued regarding the interviews which took place this date. B. Personnel Issue Assistant Village Manager Wing exited the meeting at 9:36 p.m. Village Manager Niemeyer discussed the added duties and responsibilities Assistant Village Manager Wing has undertaken about nine months ago and that he (Wing) has been interviewing for other Village Manager positions. Village Manager Niemeyer proposed that Assistant Village Manager Wing receive an additional 5% salary increase (additional to the 3.5%) to become involved in economic development and that Village Manager Niemeyer has requested that Assistant Village Manager Wing make a two-year commitment. Village Manager Niemeyer also suggested looking at the Library Director’s salary in 2012. 6. ADJOURNMENT Motion by Trustee Aktipis, 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 9:50 p.m. ATTEST: Charlotte K. Pruss Village Clerk