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HomeMy WebLinkAboutMinutes - 10/08/2013 - Board of Trustees (2) MINUTES OF THE OCTOBER 8, 2013 REGULAR CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 26, 2013. 1. CALL TO ORDER The Closed Meeting of October 8, 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 8:26 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 Michael Manzo, Trustee Mark Moy, Trustee Gerald Wolin, Trustee Asif Yusuf ABSENT: None IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorney Peter Friedman, Assistant Village Attorney Ben Schuster, Attorney Robert Vyverberg 3. DISCUSSION OF MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THIS ACT, PURSUANT TO SECTION 2c(21) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Approval of Closed Meeting Minutes of September 24, 2013 No amendments to these meeting minutes were expressed B. Review and Release of Closed Meeting Minutes of 2006 There was consensus with the recommendations of the Village Attorneys. 4. TO CONSIDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OR SPECIFIC EMPLOYEES OF THE PUBLIC BODY PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Public Works Director President Lalmalani stated that after having several discussions regarding this issue it is time to move forward to see what needs to be done, what type of monitoring, protections, etc. Village Attorney Friedman introduced Attorney Robert Vyverberg, the national employment practice leader with Holland & Knight. Attorney Vyverberg replied to an inquiry regarding whether this is a whistle-blower issue and stated that it does put the individual in a protected category and he then addressed the Public Works Director’s accommodation requests. He added that there should be an interactive meeting with the Director. Attorney Vyverberg provided suggestions for solutions and to which accommodations may be agreed upon or proposed by management and that there should be something in writing provided after the meeting with the Director. He discussed the reasons to not have the Village Attorney present during the meeting with the individual. Discussion ensued regarding whether an elected official should be present at the meeting with the Director. Attorney Vyverberg suggested a 3 or 6 month performance improvement plan and he discussed a potential retaliation claim if the individual is terminated. Village Manager Niemeyer stated that at no time did he communicate to the Public Works Director that he had no chance of keeping his position. Discussion ensued regarding the length of the performance improvement plan, monitoring and expectations of a department head. The following was proposed: 1. 6-month performance plan; 2. Bi-weekly Not Released – 05-13-14 Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 2 October 8, 2013 reviews with the Village President, Village Manager and perhaps a Trustee; 3. Initial meeting to discuss the accommodations and the performance improvement plan; 4. Have the Village Manager review with Village Attorneys what will be said at the initial meeting. Discussion ensued regarding this proposal and that the performance improvement plan should relate back to the evaluation. Attorney Vyverberg suggested having the performance improvement plan be more specific so there are no questions later on. Village Manager Niemeyer explained the reason that subordinates came to him. Discussion ensued regarding the importance of an open door policy of communication and it was stressed that the Village Manager be trusted in managing these matters. 5. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2c(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Fire and Public Works Contract Negotiations Assistant Village Manager Wing informed the Board that the Village lost on the Fire Arbitration compensation time usage issue and explained that this would require the Village to go back to the previous policy. He asked the Board for their recommendation regarding whether to vacate the decision in court or go back to negotiations. No one present expressed that the Village should go to court regarding this issue. Assistant Village Manager Wing then updated them on the progress of the Fire negotiations and stated that many of the disputed items had been settled and that they are currently dealing with health insurance and wages. He added that an insurance sub-committee had been set up because of the complexity and the fact that the union does not want to increase from the 17% cost share. He stated that the union has come down on the wages and reminded that the Board had given authority for up to 2.75% for 2013, 2.5% for 2014, 2% for 2015 and 2% for 2016. Discussion ensued. Assistant Village Manager Wing explained that the Public Works Union have proposed dropping the Village’s insurance plans and having a dollar amount going to the union and the union would provide insurance to the union members. He added that they have also dropped the wage issue from 1%, 1.5%, 2% and 2% and stated that he is seeking approval for the Finance Department to do an analysis of the insurance plans. He stated that if this insurance is agreed to by the Village, the union would sign off on the remaining items. There was consensus to approve the Finance Department doing a cost analysis. 6. 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 10:00 p.m. ATTEST: Charlotte K. Pruss Village Clerk Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 2 October 8, 2013