HomeMy WebLinkAboutMinutes - 01/13/2009 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 2 January 13, 2009-1
MINUTES OF THE JANUARY 13, 2009 – 7:00 P.M. CLOSED
MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE
BOARD ON APRIL 28, 2009.
1. CALL TO ORDER
The Closed Meeting of January 13, 2009 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 7:03 p.m.
2. 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, Robert G. Sanford and Gerald Wolin
ABSENT: None.
IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney;
Blaine Wing, Assistant Village Manager and Paul A. Rettburg, Attorney from Querrey
& Harrow
3. 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. Mullins
President Craig asked Village Attorney Sterk to update the Board on the Mullins
litigation. Attorney Sterk introduced Paul Rettburg an Attorney from Querrey and
Harrow who has represented Oak Brook in several other cases and is representing
the Village in the Mullins, Oak Brook, IRMA litigation.
He reported that at a mediation meeting in December he spoke with Mr. Dolan, Ms.
Mullins Attorney, and indicated that the Village was willing to settle the case
separately from IRMA. Mr. Dolan’s letter in response indicated that they were not
willing to separate the Village from IRMA and reiterated their demands of a total of
$520,000. The problem remained that IRMA would not go anywhere near that
figure.
Mr. Rettburg reported that mediations include compromise from all parties and that
Ms. Mullins is not willing to compromise in any way. The judge who was the
mediator met with all parties separately and indicated that Ms. Mullins attorney
offered the possibility of a settlement no less than $400,000. He felt that they were
Village of Oak Brook Closed Meeting Minutes Page 2 of 2 January 13, 2009-1
intractable. He indicated that though he felt the Village’s case was not absolutely a
winner, he did feel that there was a lot going for Oak Brook. He reiterated that the
State Statute was clear about coverage for employees, but he did not believe that
she fell into that category because she was an outside contractor. In addition, the
action which resulted in the lawsuit was not within the scope of her position with
the Village. He recognized that there were some damaging statements which could
be detrimental, but he felt that the Judge would look at the statute.
Trustee Kennedy asked whether Mr. Rettburg or Mr. Sterk felt there was any
possibility that they would consider a counter offer. Both attorneys responded that
they did not think it would work. They felt that what the Village was willing to
offer separately should be considered by them, but they are unwilling to work with
the Village separately from IRMA.
The Board was adamant that they would not settle contingent upon IRMA settling
at the same level.
4.ADJOURNMENT:
Motion by Trustee Manofsky, seconded by Trustee Carson to adjourn the Closed
Meeting. ROLL CALL VOTE:
Ayes: 6 - Trustees Carson, Kennedy, Manofsky, Saiyed and Sanford.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
The meeting adjourned at 7:31 p.m.
ATTEST:
______________________________________
Charlotte K. Pruss
Village Clerk
/s/ Charlotte K. Pruss