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HomeMy WebLinkAboutMinutes - 12/13/2011 - Board of Trustees (2)Village of Oak Brook Regular Closed Meeting Minutes Page 1 of 3 December 13, 2011 MINUTES OF THE DECEMBER 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 Regular Closed Meeting of December 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 10:08 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, and Trustee Asif Yusuf ABSENT: Trustee Elaine Zannis IN ATTENDANCE: Village Manager Dave Niemeyer, Assistant Village Manager Blaine Wing, Village Attorneys Peter Friedman and Benjamin Schuster 3. TO CONSIDER THE FOLLOWING PENDING, PROBABLE, OR IMMINENT LITIGATION MATTERS PURSUANT TO SECTION 2C(11) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Peterson Case Discussion ensued regarding having more than one attorney in the room at a time. Police Chief James Kruger and Attorney Charles Hervas entered the meeting at approximately 10:19 p.m. Attorney Hervas explained his background and role in the Peterson case. He stated that from a legal standpoint one of the strengths in this case is that the BFPC did terminate Peterson, that it goes to Administrative Review with a basic presumption in favor of what the BFPC did and he discussed case law. He discussed the Illinois State Police investigation in the Drew Peterson case in relation to Stephen Peterson’s alleged lack of disclosure of information. Attorney Hervas stated that because this case is assigned to a newer judge, he does not have any experience of appearing before this judge, but feels that it is unlikely that the judge will overturn the BFPC’s ruling. In regard to the motion to re-open the record, Attorney Hervas stated that the judge may be leery about misconduct in the case. He stated that the FOP attorney was in possession of everything from the Illinois State Police relating to the interviews with Stephen Peterson. He stated he was not aware of any issues Chief Sheahan had with the Police Lieutenants who interviewed with the Illinois State Police investigators and believed that Chief Sheahan preferred an outside investigator who was formerly with the Illinois State Police. Attorney Hervas briefly exited the meeting at approximately 10:48 p.m. Attorney Cuevas entered the meeting at approximately 10:48 p.m. Attorney Cuevas expressed his opinion regarding the FOP’s motion to re-open the record and he discussed conversations he has had with Board members and others regarding the Peterson case. Trustees Yusuf and Zannis affirmed that any conversations Attorney Cuevas had with Board members was in full compliance of the Open Meetings Act. Attorney Cuevas stated that if the Board is considering a financial settlement, now is the time. He stated that usually a civil rights’ claim is filed at the same time an Administrative Review is filed. He discussed that a civil rights’ case would not be very favorable to the Village for several reasons. Village of Oak Brook Regular Closed Meeting Minutes Page 2 of 3 December 13, 2011 Attorney Cuevas exited the meeting at approximately 11:08 p.m. Discussion ensued regarding the expressed opinions of both attorneys. Chief Kruger expressed his opinions regarding having Peterson return to work. Attorney Hervas re-entered the meeting at approximately 11:17 p.m. Attorney Hervas answered questions regarding the previous discussion and explained the “Class of One” theory and that generally this is a weak claim in the employment context. Attorney Hervas exited the meeting at approximately 11:21 p.m. Discussion ensued regarding utilizing Attorney Hervas as a second opinion because of his knowledge of the Peterson case and keeping him abreast of status in the case. Village Attorney Friedman briefly exited the meeting at approximately 11:22 p.m. Discussion ensued regarding the strength of the case and which attorney should be the lead attorney in the court hearing. Consensus to see if Attorney Hervas can serve as the lead attorney in this matter, and if there is a conflict, approach Attorney James DeAno. Village Attorney Friedman re-entered the meeting at approximately 11:34 p.m. President Lalmalani informed Village Attorney Friedman that it was the consensus of the Board that Attorney Hervas serve as the lead attorney in the Peterson matter. Trustee Zannis stated that if Attorney Hervas has a conflict, the Board will re-evaluate the matter. Village Manager Niemeyer affirmed that he would contact Attorney Hervas. B. Outstanding Legal Cases Update Trustee Manzo informed the Board and Village Manager Niemeyer that he and Trustee Moy planned to meet with Village Manager Niemeyer to discuss the outstanding legal cases and which of those should be transitioned from Sterk to the Village Attorney or Ancel, Glink, et al. 4. TO DISCUSS COLLECTIVE NEGOTIATING MATTERS, PURSUANT TO SECTION 2C(2) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Police Contract Negotiations Assistant Village Manager Wing handed out a memorandum prepared by Ancel, Glink, et al and stated that he is seeking direction from the Board to allow the expiration of the twelve-hour shifts. He stated that the negotiations went very favorably and the union will be taking the proposal to their membership in early January. Chief Kruger expressed his opinion regarding twelve-hour shifts. B. Public Works Assistant Village Manager Wing handed out a memorandum prepared by Ancel, Glink, et al and discussed an issue the union has with scheduling time off. Village Manager Niemeyer and Assistant Village Manager Wing exited the meeting at approximately 11:43 p.m. Village of Oak Brook Regular Closed Meeting Minutes Page 3 of 3 December 13, 2011 5. TO DISCUSS APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY PURSUANT TO SECTION 2C(1) OF THE ILLINOIS OPEN MEETINGS ACT, RESPECTIVELY A. Manager’s Evaluation Trustee Manzo explained that there should be measurable goals and the Board should be provided with status of projects and Trustee Zannis stated that merit pay for both the Village Manager and his staff should be incentivized by accomplishment of the goals and objectives. Trustee Wolin suggested quarterly reviews and the option of modifying the goals. 7. ADJOURNMENT Motion by Trustee Aktipis, 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 11:45 p.m. ATTEST: Charlotte K. Pruss Village Clerk