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HomeMy WebLinkAboutMinutes - 07/28/2009 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 4 July 28, 2009 MINUTES OF THE JULY 28, 2009 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 July 28, 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 9: 44 p.m. 2. ROLL CALL: Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John Craig, Trustee Stelios Aktipis, Trustee James Carson, Trustee Mark Moy, Trustee Gerald Wolin and Trustee Elaine Zannis ABSENT: Trustee Moin Saiyed IN ATTENDANCE: Village Manager David Niemeyer, Attorney Mark Sterk, Assistant Village Manager Blaine Wing and Acting Finance Director Sharon Dangles 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). Trustee Moy discussed the Open Meetings' Act and inquired as to whether discussion of budget concerns should occur when it does not deal with specific individuals and that he is concerned about the penalties for violation. Attorney Sterk explained that the Board needs to keep closed session discussions about specific individuals and the best way to have budget discussions is in an open meeting. Trustee Aktipis inquired regarding the exchange of information to Board members and Attorney Sterk stated that an e-mail coming from one person to the others is acceptable, but unallowable if there are replies back and forth between more than two Board members. Village Manager Niemeyer stated that there was a recent controversy involving hundreds of e-mails back and forth in Buffalo Grove and there are different attorney opinions on whether this type of contact is considered a violation. He urged the Board to beware that these e-mails are subject to Freedom of Information requests and to write them as if they are being written to the public. Attorney Sterk stated that personal e-mails are not subject to a Freedom of Information request, but the less said in writing the better. Trustee Wolin clarified that he does not send e-mails to the Board, but in the past has sent e-mails to the Village Manager for him to disseminate to the Board. A. PERSONNEL-RELATED 2009 BUDGET ISSUES: Village Manager Niemeyer stated that the staff are working on budget cuts, but has very little to comment on this time because the savings are not in this category. He stated that when the contract negotiations are discussed, he will bring up an issue that is related and affects the non- union employees regarding furlough days. Attorney Sterk stated that unless this has to do with specific individuals, it cannot be discussed in closed session. Village Manager Niemeyer agreed to prepare a confidential memorandum. 4. 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). Village of Oak Brook Closed Meeting Minutes Page 2 of 4 July 28, 2009 A. NEGOTIATIONS' UPDATE: Police Chief Sheahan entered the room at approximately 9:57 p.m. and thanked Assistant Manager Wing and his Staff for all of their hard work on the Fraternal Order of Police (FOP) Union negotiations. Chief Sheahan stated that he believes in management rights and those of the Board of Fire and Police Commissioners (BFPC) should be retained in regard to the discipline issue in the negotiations. He stated it is a system of checks and balances and he strongly opposes the increase of his authority to a thirty-day suspension which the individual may then appeal and choose arbitration. He stated it gives him a lot of power, but relinquishes the power of the BFPC and increases litigation costs. Chief Sheahan proposed arbitration between ten and twenty days of suspension because at thirty it would almost always go to the DuPage County Courts for appeal. He stated that arbitration at the one, two and three-day suspensions would clog the system and be costly. He stated the BFPC keeps the Police Chief in check regarding discipline and he does not want to be part of any changes to the discipline code of the Village and he opposes management's proposal regarding this. He stated he knows where the trend is going, but still opposes changes in the discipline code. Trustee Aktipis stated that he opposes changing the discipline code also and stated it would have a terrible effect on running the police department. Chief Sheahan stated that he thought there should have been a sidebar with the Village Manager, Village Attorney, perhaps a member of the Board to get a consensus before the proposal was made. He stated that because of the trend toward arbitration, they should perhaps give the Union something in a very narrow scope. Assistant Village Manager Wing, in response to questions from the Board, stated that the Illinois State legislature in 2006 voted to force non-home rule communities to negotiate this area of discipline to grievance/arbitration; he further stated that to date there have been eleven out of eleven communities that resulted in arbitration awards for the unions for all discipline or some combination of discipline. He stated that any decision going forward with the status quo, the BFPC, all eleven decisions have been forced to go to arbitration in all discipline. Assistant Village Manager Wing stated that communities who moved toward the center, as in the Village's off-the-record proposal, such as discipline for just suspensions have won. He stated the three key items in the Union negotiations are salary, health benefits and discipline and stated he was given direction to give a little bit. He explained that the FOP stated that they are still seeking at least suspensions and terminations and would be willing to go to arbitration over those two issues regardless of the Village's proposal. Trustee Aktipis stated that he recalls that it was previously stated that the issue of discipline is absolute, but the Board could be more flexible on the benefits' and financial issues. He stated that if the discipline moves in the wrong direction, it could cost more money and be very difficult for the Police Chief to run the department. Assistant Manager Wing stated that in reviewing the actual minutes from the 9th, he recalls those comments and they are noted. He stated that specifically reducing the Village's liability in going to arbitration, which would cost potentially up to $30,000, $40,000 or $50,000, is the flexibility given by the Board to himself and the attorney so they could have minor flexibility with discipline, but not giving it all up, so that an arbitrator would force the Village into a decision up to and including all the discipline. He stated that they structured a proposal which would put the Village in the best position to not lose if they go to arbitration. Trustee Aktipis stated he thought the direction was to take it slow and he thought there should be resistance in that area and try to offer them incentives in the way of benefits and hopefully get them to agree in that direction. Village Manager Niemeyer stated he would agree to follow whatever direction the Board wants, but stated that he agrees with the Chief; that having to change this policy is an outrageous incursion on management ability; just another downside about all the talks about the collective bargaining laws and what they do to hamstring management. He stated that management has done a good job with getting some concessions on financial items. Trustee Wolin inquired whether this is an off-the-record proposal and asked Attorney Sterk for his thoughts. Attorney Sterk stated he agrees with the Chief 100%; that the BFPC makes for a more compliant labor force and the arbitration process emboldens them; he stated that no one is going to appeal a Village of Oak Brook Closed Meeting Minutes Page 3 of 4 July 28, 2009 one-day suspension before the BFPC, but would under arbitration. Attorney Sterk stated that it is only a matter of time that the legislature writes arbitration into the disciplinary process. He stated that arbitration will happen and need to craft something to the FOP that is realistic; such as breaking down the suspensions, but that it is important to keep terminations before the BFPC. He responded to Trustee Aktipis that there is no disadvantage to slowing down unless the FOP chooses to go to binding arbitration. Trustee Zannis stated that if they know the Village wants to minimize arbitration, could they possibly reward the entire police department for not going to arbitration, staying under a financial threshold for a year. She stated that it could be constructed to see what motivates the FOP and discussed minimum staffing. Chief Sheahan stated that he is 100% opposed to arbitration, but is a realist that this contract will have a small portion in it. He stated that he is concerned about an unruly person going to arbitration after arbitration. Trustee Carson stated that they should not trade off financial issues in this current climate. Trustee Wolin stated that the most logical step is for Assistant Village Manager Wing, Chief Sheahan and Attorney Sterk to get together and craft something appropriate and present it at the appropriate time. Village Manager Niemeyer stated that they could slow it down and look at a different policy regarding discipline in the future so why not use discipline as a wedge to get lower increases, furlough days and the increase in health insurance. Village Manager Niemeyer stated that the only downside of slowing down is the health insurance issue and not going retroactive. (Chief Sheahan exits the room at approximately 10:28 p.m.) Assistant Village Manager Wing discussed that regarding the existing fire contract, they could ask for a concession of three furlough days and giving both the Police and Fire Departments thirty days notice of possibly laying off up to six individuals. He stated that furlough days would need to be scheduled out so they would not fill it with overtime and in the time frame of a full year. Trustee Zannis inquired if this had to do with the budget cuts or negotiations and Assistant Village Manager Wing affirmed regarding the budget cuts. Discussion ensued regarding how much would be saved. President Craig discussed having the firefighters go to straight time to save money, but Attorney Sterk stated that the current 24-hour shifts are in the contract and the Union would never give that up. Assistant Village Manager Wing stated this would mean one 24-hr shift for firefighters for the three furlough days and they would be specific days. Attorney Sterk stated they will need a list of comparable communities, which arbitrators look at and what is in comparable contracts, that is what you end up with. Trustee Aktipis stated that the comparables should include the discipline issue. Village Manager Niemeyer stated that once comfortable with the figures, should move forward to get some leverage on some of these pay and benefit changes. President Craig stated that he would like to meet with the fire consultant. Trustee Zannis inquired whether if the Unions are informed now that furlough days have to be two in a quarter, would enough money be saved to bridge the gap. Assistant Village Manager Wing stated that the Board just needs to give the authorization at this time, but Attorney Sterk stated it would have to be on an agenda for the Board to give authorization to act on this. 5. 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). Clerk Pruss presented the draft closed meeting minutes of July 14, 2009. No questions or discussion. 6. ADJOURNMENT Motion by Trustee, seconded by Trustee, to adjourn the Closed Meeting and Reconvene the Special Board of Trustees Meeting. VOICE VOTE: Motion carried. Village of Oak Brook Closed Meeting Minutes Page 4 of 4 July 28, 2009 The meeting adjourned at 10:46 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss