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HomeMy WebLinkAboutMinutes - 02/27/2007 - Board of Trustees (3)VILLAGE OF OAK BROOK Minutes Page 1 of 5 February 27, 2007 MINUTES OF THE FEBRUARY 27, 2007 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED ON MARCH 13, 2007 1. CALL TO ORDER The Closed Meeting of the Village Board of Trustees was called to order by President Quinlan in the Upper Level Conference Room of the Butler Government Center at 6:30 p.m. 2. ROLL CALL Village Clerk Linda K. Gonnella called the roll with the following persons: PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, John W. Craig, Jeffrey Kennedy, Kathryn Manofsky, Robert Sanford and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Jeffrey Moline, Assistant Village Manager and Harlan Spiroff, Assistant Village Attorney. For the record, Trustee Sanford was in attendance by electronic means. 3. TO CONSIDER THE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY (2c1) 2007 Salary Plan Assistant Village Manager Moline explained the Hay Group report that was requested by the Board and their recommendation for the 2007 Salary Pay Plan for the Village. The recommendation would enable the Village to meet its policy of maintaining pay ranges at the 66% market percentile of comparable communities. They recommend extension of a pay adjustment to full time, non-represented employees with a maximum pay adjustment increase of 5%; continuation of the merit pay for employees moving through grade between 0 and 5%; continuation of the longevity pay in the amounts of $400, $500 and $600 for service of 10, 15 and 20 years and to amend the pay increase provision provided to employees receiving promotion from one (1) pay grade to another pay grade in the Village Personnel Manual. Trustee Aktipis voiced his concern of large increases in salaries which is not just the current costs but the cumulative costs when it comes to retirement and now the Village is trying to increase the sales tax to keep up with the budget. Trustee Aktipis asked if other communities use a similar process and set their percentiles accordingly that this information would be helpful to the Board. VILLAGE OF OAK BROOK Minutes Page 2 of 5 February 27, 2007 3. Assistant Village Manager Moline indicated that the Village’s salary plan policy is more sophisticated than other communities. Trustee Aktipis noted that Oak Brook is a premier community and the Village offers excellent benefits. Trustee Kennedy indicated that it may be beneficial to know what other communities compare outside of DuPage County. It was a consensus of Trustees Kennedy, Manofsky, Sanford, Yusuf and President Quinlan to concur with the Hay Study recommendations of the Village’s 2007 Salary Plan. Trustee Aktipis recommended a cap of 3% increase rather than the 5%. 4. TO DISCUSS MINUTES OF MEETINGS LAWFULLY CLOSED UNDER THE OPEN MEETINGS ACT, WHETHER FOR THE PURPOSE OF APPROVAL BY THE BODY OF THE MINUTES, OR FOR SEMI-ANNUAL REVIEW OF THE MINUTES AS REQUIRED BY THE OPEN MEETINGS ACT (2c17) a. January 10, 2005 b. May 23, 2006 7:41 p.m. – previously approved c. May 23, 2006 9:20 p.m. – previously approved d. June 27, 2006 e. August 29, 2006 f. September 12, 2006 g. September 20, 2006 h. October 10, 2006 i. Ocotber 24, 2006 j. January 23, 2007 President Quinlan indicated that several of the Trustees have recommended to him that the minutes be submitted and approved as written originally by Clerk Gonnella rather than the revised minutes as recommended by Trustee Aktipis. Trustee Aktipis indicated that in the open session he will state that the Board by approving very redacted minutes is attempting to create a record that does not appropriately reflect the closed meeting deliberations. He further explained that he did review the audio recordings and believes that he made additions that are reflective of the substance of discussions and he stands by the minutes that he presented. He will propose in the open session, that given the difference of the opinion of the Board and himself, that the original audio recordings be the official minutes. Trustee Kennedy stated he would make a motion in the open session to approve the minutes as originally presented by Clerk Gonnella. Trustee Sanford agreed VILLAGE OF OAK BROOK Minutes Page 3 of 5 February 27, 2007 4. with his comments and he requested that the name of the candidate for the Police Chief be redacted in the closed meeting minutes. President Quinlan acknowledged to the Board that in the open session the agenda item to destroy audio recordings of closed meetings would be continued as recommended by legal counsel. It was a consensus of Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf to approve the closed meeting minutes as originally submitted by Clerk Gonnella. Trustee Aktipis indicated that he will make a statement in the open session regarding his opposition to the minutes as presented. 5. TO CONSIDER LITIGATION, WHEN AN ACTION AGAINST, AFFECTING OR ON BEHALF OF THE VILLAGE HAS BEEN FILED AND IS PENDING BEFORE A COURT OR ADMINISTRATIVE TRIBUNAL OR WHEN THE PUBLIC BODY FINDS THAT AN ACTION IS PROBABLE OR IMMINENT (2c11) a. PSEBA – Garrigan Update Assistant Village Manager Moline explained that the Village has received a letter from a firefighter that just received a disability pension and now requesting catastrophic benefits as it relates to the Public Safety Employee Benefit Act. Previously the Board was notified in closed session by Attorney Mehler of Seyfarth & Shaw regarding former Firefighters Richter, Harris and Naus requesting the same type of benefits. Firefighter Garrigan was granted an occupational illness alleged to be an allergy to rubber. He explained that the PSEBA law states that a firefighter/police officer must be responding to or in the act of emergency pursuit relating to your field and catastrophically injured. There is case law regarding the Crowe decision that if a firefighter/police officer receives a disability pension that the person would receive catastrophic benefits. Legislators did not address the pursuit issue and now municipalities are fighting this issue that the disability was not in pursuit. He further noted that Attorney Mehler informed him that there was a bill being introduced today to reinstate a definition of “catastrophic injuries” for line of duty disabilities to clarify this matter. It was a consensus of the Board of Trustees to request Attorney Mehler to defend the Village in this Garrigan matter. President Quinlan recessed the closed meeting at 7:24 p.m. to the regular Board of Trustees meeting. VILLAGE OF OAK BROOK Minutes Page 4 of 5 February 27, 2007 President Quinlan reconvened the closed Board of Trustees meeting at 9:28 p.m. ROLL CALL VOTE: Village Clerk Linda K. Gonnella called the roll with the following persons: PRESENT: President Kevin Quinlan, Trustees Stelios Aktipis, John W. Craig, Jeffrey Kennedy, Kathryn Manofsky, Robert Sanford and Asif Yusuf. ABSENT: None. IN ATTENDANCE: Jeffrey Moline, Assistant Village Manager, Harlan Spiroff, Assistant Village Attorney and Paul A. Rettberg, Querrey & Harrow, Ltd. For the record, Trustee Sanford was in attendance by electronic means. 5. b. Malec – Zelisko Update Attorney Rettberg explained that this is a civil rights lawsuit in which he represents the Village of Oak Brook, Deputy Chief Larson and Sgt. Shuey. Sgt. Mucha is represented by a separate attorney from IRMA. A motion was brought to dismiss the multiple count complaint and Judge Zagel agreed. A second complaint was filed and dismissed by Judge Zagel, however, Zagel gave a detailed opinion of how the complaint could be filed which did occur. The substance of the complaint is that there was retaliation by the Village, Deputy Chief Larson, Sgts. Shuey and Mucha and a violation of their constitutional right of free speech. There is a count against the Village of a customary practice of the Village retaliating against employees who exercise their free speech rights of matters of public concerns. They also stated their rights of due process were denied. Although much of the complaint may be dismissed on matters of law, the First Amendment, 1983 complaint, will most likely move toward litigation. The officers claim their disciplinary action by the Police Chief was caused by their freedom of speech of public concerns. Officer Malec further claims that the sexual harassment charge against him by Sgt. Shuey was a result of conspiracy by Deputy Chief Larson, Sgts. Mucha and Shuey. Officer Zelisko indicates that he received retaliation for his being at the Gaik house and did not report he was there, lied as to his location and did receive disciplinary action. They have to prove that the Village personnel knew of their activities and motivated the Police Department to initiate disciplinary action. There is an indication that some of the calls, e-mails may have been generated by Sgt. Mucha and they allege he was part of the policy makers. Attorney Rettberg discussed with IRMA, Chief Sheahan, Manager Boehm and Assistant Village Manager Moline to discuss a settlement offer in this case. At first plaintiffs’ attorney and the officers requested a $2,600,000 settlement, a number that will result in full litigation. He recommended a settlement offer of VILLAGE OF OAK BROOK Minutes Page 5 of 5 February 27, 2007 5.b. $150,000. He suggested that this may lead to outside mediation or a settlement conference before the judge. It was a unanimous consensus of the Board of Trustees to agree with IRMA’s offering $150,000 in this matter. 6.ADJOURNMENT President Quinlan adjourned the closed meeting at 10:01 p.m. to the Regular Board of Trustees Meeting. ATTEST: __________________________ Linda K. Gonnella, CMC Village Clerk /s/ Linda K. Gonnella