HomeMy WebLinkAboutMinutes - 02/26/2008 - Board of Trustees (3)MINUTES OF THE FEBRUARY 26, 2008 CLOSED MEETING
OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD
ON SEPTEMBER 23, 2008.
1.CALL TO ORDER
2.
The Closed Meeting of February 26, 2008 of the Village Board of Trustees was called
to order by President Craig in the Upper Level Conference Room of the Butler
Government Center at 8:34 p.m.
ROLL CALL:
The Village Clerk Charlotte Pruss called the roll with the following persons
PRESENT: President John Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn
F. Manofsky, Moin Saiyed and Gerald Wolin.
ABSENT: Trustee Robert G. Sanford.
IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant
Village Manager; Mark Sterk, Village Attorney; Thomas Sheahan, Chief of Police;
Darrell Langlois, Finance Director and Yvette A. Heintzelman of Seyfarth Shaw LLP.
3.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.MALEC PSEBA CLAIM
Assistant Village Manager Blaine Wing indicated that Seyfarth Shaw has
completed the review of Officer Malec's request under the Public Safety
Employee Benefits Act which requires that municipalities pay the entire health
insurance premiums for life for a full time police officer or firefighter and his
family who dies or suffers catastrophic injury in the line of duty.
Yvette Heintzelman of Seyfarth Shaw LLP summarized their review of Mr.
Malec's claim. He has requested PSEBA coverage because of a three level
fusion of the cervical spine due to an injury when his police vehicle was hit from
behind. He has been awarded a duty-related disability pension. She defined the
specifications as to what would qualify for the PSEBA benefits. They reviewed
the traffic report, the medical information and the sheriff that was at the scene.
She did not feel that he qualified under the "response that was reasonably
believed to be an emergency" because the sheriff indicated that they did not call
Village of Oak Brook Closed Meeting Minutes Page, 1 of 3 February 26, 2008
him over for assistance in the situation that they were handling. However, due to
the fact that several Illinois cases use the term "unlawful" when describing
traffic violations he would qualify under the section "an unlawful act perpetrated
by another." Her opinion was that he was _not really engaged in duties as
defined, but due to the term "unlawful" for traffic violations he would qualify.
She encouraged the Village that a procedure be put in place to record incidents
of this nature and Assistant Manager Wing indicated that the procedure was in
the works. Ms. Heintzelman did indicate that if the Village awarded benefits,
only a basic plan would be required as long as the basic plan was available to all
employees.
She added that although the Pension Board had approved the duty-related
pension, the final documentation had not yet been completed.
Ms. Heintzelman felt that there was little chance that if the Village denied the
award that the Village would win. She felt that the only defense the Village had
was that he was not doing official police work at the time of the incident, he just
pulled over because he wanted to find out what was happening.
Chief Sheahan was asked his opinion. He indicated that if Officer Malec had not
stopped to offer assistance, he would have suspended him. He felt that Officer
Malec did the right thing.
The consensus was that the Board agreed with Chief Sheahan that he probably
did the appropriate thing and there would be no defense in that area.
Attorney Sterk suggested that at this time the Village inform the applicant that a
decision cannot yet be made· since the final documentation of his duty-related
pension had not been completed. When that was complete, the Village Manager
would bring the vote to the Board in a Consent Agenda item.
B.FRATERNAL ORDER OF POLICE FUNDRAISfNG LETTER
Assistant Manager Wing indicated that this had been brought to the attention of
the Police Chief by a member of the Board of Fire and Police Commissioners
because he had received a letter from the fundraising arm of the Fraternal Order
of Police asking for a contribution. Chief Sheahan had investigated and was
unable to find the appropriate documents that should have been filed with the
Department of Revenue of the State of Illinois for the funds raised. He added
that they have been working with the FOP to assure compliance. In addition, it
is being investigated as to any required involvement of the Attorney General.
Chief Sheahan indicated that this group was not the arm that negotiates
Village of Qak Brook Closed Meeting Minutes Page 2 of 3 February 26, 2008