HomeMy WebLinkAboutMinutes - 11/01/2011 - Board of Trustees (2)Village of Oak Brook Special Closed Meeting Minutes Page 1 of 2 November 1, 2011
MINUTES OF THE NOVEMBER 1, 2011 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 Special Closed Meeting of November 1, 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 6:02 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 Elaine Zannis (arrived at
6:06 p.m.)
ABSENT: Trustee Stelios Aktipis
IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing
3. TO DISCUSS PERSONNEL AND LEGAL COUNSEL MATTERS, PURSUANT TO SECTION
2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY
A. Hiring Labor Attorney
Attorneys Keri-Lyn Krafthefer and Don Anderson of Ancel, Glink, Diamond, Bush, DiCianni &
Krafthefer entered the meeting at approximately 6:14 p.m.
Attorneys Krafthefer and Anderson summarized their firm’s qualifications and experience.
Attorney Anderson discussed union negotiations going to arbitration and reasons for same and
how the number of cases going to arbitration often depends on the economy. He touched on
discipline arbitration cases being awarded to unions, but often wage arbitration cases being
awarded to management. He responded to the question regarding comparables by stating that
other criteria may be more important than comparables now. Attorney Krafthefer added that
creative bargaining can often avoid arbitration and the costs of same. She discussed their firm’s
legal fee structure and her personal history with Oak Brook. In response to a question regarding
one-year union contracts, she discussed that is a viable option, but also multi-year union contracts
with re-openers are preferable to having to negotiate multiple union contracts at the same time.
Attorney Krafthefer stated that legal costs can be estimated when they are familiar with the union
negotiations. Both attorneys affirmed that it is preferable in relation to negotiation strategy to have
attorneys start at the beginning of the negotiations. Attorney Krafthefer stated that she would
most likely be the day-to-day operations’ person and the one attending negotiations, but that
Attorney Anderson would handle PSEBA or PEDA labor issues or those at the Labor Board or
arbitration level. She does not believe that any work would have to be performed by paralegals
because of the competence of the Village staff and that most questions could be answered by her
and Attorney Anderson without extensive research. Both attorneys discussed that they often
participate in continuing education or conduct same. Attorney Anderson discussed parody union
settlements wherein different unions in the same municipality have the same benefits.
Attorneys Krafthefer and Anderson exited the meeting at approximately 6:58 p.m.
Village Attorney Peter Friedman entered the meeting at 7:04 p.m.
Village Attorney Friedman summarized his firm’s qualifications and labor practice experience as
well as recent government entities which have engaged Holland & Knight. He stated that they
have attorneys in the firm with private sector labor experience which would provide an added
benefit. He described his negotiations’ experience with Lake Bluff and Highland Park and that he
Village of Oak Brook Special Closed Meeting Minutes Page 2 of 2 November 1, 2011
would act as lead negotiator with Attorney Ken Jenero, who has the greatest labor experience
working on negotiations. Village Attorney Friedman stated that both private and public
comparables should be examined. He discussed the benefits of having one firm serve as labor
attorneys and as Village Attorneys and that some of the labor matters would fall under the retainer
with Holland & Knight. He stated that if the Board is not comfortable with negotiated salary
increases, a one-year contract may be preferable and he does not believe that negotiating multiple
contracts would be a negative issue. He further stated that with the FOP, though, it might be
preferable to negotiate a contract that the Board is comfortable with and for more than one year.
He discussed the Village financial reserves and to insure that they are not looked at by unions to
provide larger increases.
Assistant Village Manager explained that staff can handle any wage issues in negotiations, but it
is necessary to have a labor attorney for other issues or if the negotiations proceed to arbitration.
Discussion ensued regarding finding a middle ground for attorneys’ fees and disadvantages of
negotiating multiple contracts concurrently.
Village Attorney Friedman exited the meeting at 7:59 p.m.
Lengthy discussion ensued regarding the qualifications and experience of the labor attorneys who
interviewed and what the terms of the contract should be. Consensus of majority to choose Ancel,
Glink, et al. Assistant Village Manager Wing expressed the need to make an official decision
soon to get Ancel, Glink on board with current labor matters. It was suggested that Ancel, Glink
should waive half of the legal expenses during the transition period.
4. ADJOURNMENT
Motion by Trustee Yusuf, seconded by Trustee Manzo, to adjourn the Closed Meeting and
Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 8:17 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk