HomeMy WebLinkAboutMinutes - 12/04/2010 - Board of Trustees (2)Village of Oak Brook SPECIAL Closed Meeting Minutes Page 1 of 2 December 4, 2010
MINUTES OF THE DECEMBER 4, 2010 SPECIAL CLOSED MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF OAK BROOK REVIEWED BY VILLAGE BOARD ON
1. CALL TO ORDER
The Closed Meeting of December 4, 2010 of the Village Board of Trustees was called to order
by Temporary Chairman Mark Moy in the Upper Level Conference Room of the Butler
Government Center at 10:40 a.m.
2. ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: Trustee Stelios Aktipis, Trustee James Carson, Trustee Mark Moy, Trustee Moin
Saiyed, Trustee Gerald Wolin and Trustee Zannis
ABSENT: President John Craig
IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine
Wing, Village Attorney Mark Sterk, Attorney Robert Smith of Clark, Baird Smith, LLP and Fred
Cappetta, Chairman of the Board of Fire and Police Commissioners
3. 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. Union Negotiations and Interest Arbitration
Assistant Village Manager Wing outlined a delineation of the various positions regarding the
police union discipline issue. He discussed options: 1. negotiating an off-the-record settlement
prior to the December 7th Interest Arbitration Hearing to defer the discipline issue until 2012; 2.
going through the Interest Arbitration Hearing and, if the Village loses, reject the decision and
return to Interest Arbitration; and 3. a best and final offer to the union. Discussion ensued
regarding the possible outcome of the Interest Arbitration. Village Attorney Sterk explained the
process and costs of handling discipline matters through the Board of Fire and Police
Commissioners (BFPC) as opposed to arbitration. He proposed making changes to the
contract dealing with: eliminating the possibility of the BFPC increasing the amount of a
suspension; not allowing a suspension without pay pending the hearing; allowing the
introduction of disparate treatment by the officer; placing the burden of proof on the police chief
and changing the amount of days of suspension under the police chief’s control.
Discussion ensued regarding possible incentives to union members to resolve or delay the
discipline issue. Discussion ensued regarding police going to twelve-hour shifts. Attorney
Smith stated that even with the above changes, he believes that there is a high probability that
this arbitrator will still rule against the Village. He stated that extending the ‘no layoff’ clause
and/or extending the contract another year might be effective, but did not believe locking in
twelve-hour shifts other than on a trial basis would be a good thing. It was cautioned that
providing an economic incentive would not be a good way to retain the BFPC.
Trustee Carson exited the meeting at 11:17 a.m.
It was requested that the Village negotiate aggressively to retain the status quo. Lengthy
discussion ensued regarding what changes and/or incentives should be proposed. Attorney
Smith read from an arbitrator’s article which stated that there is a clear trend for bargaining
units toward arbitration and away from police and fire commissions because the commissioners
are appointed by the people making disciplinary decisions which affect members of the
bargaining unit. He stated further that this particular arbitrator believes that there is an
‘appearance’ that this is unfair.
Village of Oak Brook SPECIAL Closed Meeting Minutes Page 2 of 2 December 4, 2010
Authority was given to extend an offer not to exceed $500 because there was no consensus to
offer a greater amount to retain the BFPC’s role in the discipline process. It was also
suggested to keep suspensions of one to five days with the police chief and anything greater
should stay with the BFPC and extend the trial period for twelve-hour shifts, as an off-the-
record proposal.
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.Labor Attorney Contract
No discussion of this issue.
5.ADJOURNMENT
Motion by Trustee Wolin, seconded by Trustee Saiyed, to adjourn the Closed Meeting and
Reconvene the Regular Board of Trustees Meeting. VOICE VOTE: Motion carried.
The meeting adjourned at 12:39 p.m.
ATTEST:
Charlotte K. Pruss
Village Clerk