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HomeMy WebLinkAboutMinutes - 06/09/2009 - Board of Trustees (2)Village of Oak Brook Closed Meeting Minutes Page 1 of 5 June 9, 2009 MINUTES OF THE JUNE 9, 2009 CLOSED MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK REVIEWED BY VILLAGE BOARD ON JULY 14, 2009. 1. CALL TO ORDER The Closed Meeting of June 9, 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: The Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees Stelios Aktipis, James Carson, Mark Moy, Moin Saiyed, Gerald Wolin and Elaine Zannis ABSENT: None IN ATTENDANCE: David Niemeyer, Village Manager; Mark Sterk, Village Attorney and Blaine Wing, Assistant Village Manager. 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. Mucha Litigation Update Attorney Sterk provided an update indicating that in September of 2007 Randy Mucha filed a seven count complaint against the Village, Chief Sheahan and the Board of Fire and Police Commissioners asking the District Court for a judicial review of the administrative decisions of the BFPC and several other issues. The Village tendered the case to IRMA. Attorney Sterk requested that IRMA hire a different attorney for this particular Mucha litigation. The Village filed a motion to dismiss on behalf of the BFPC. The judge dismissed the Federal count and several other counts. There are two and a half counts left. John Murphy, representing the Village, filed a motion of summary judgment on those counts. Randy Mucha has re-filed the administrative review of the termination order. Attorney Sterk felt that this would fail due to the fact that the court cannot reverse a commission’s finding unless the court finds that no reasonable person would reach the same conclusion. He felt that the termination would be upheld. He also felt the Village would be successful on the counts where the Village filed the summary judgment due to the deceit included in Randy Mucha’s previous testimony. Village of Oak Brook Closed Meeting Minutes Page 2 of 5 June 9, 2009 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) A. Contract Negotiation Updates Assistant Village Manager Blaine Wing reported on his meeting with the Fire union. He also reported that he had a meeting with the Police union later in the week. He added that Village Attorney Sterk attended the Fire negotiation meeting. He concluded that within the next two months dates were being scheduled with Attorney Sterk. He requested direction from the Board on issues including wages, health insurance and management rights (discipline) to take into those meetings. Attorney Sterk reported that the law has changed regarding disciplinary actions. It now allows it to be part of collective bargaining and it has become part of Oak Brook’s Police negotiations. The union will provide their proposal for their recommendations for the disciplinary action process. Staff needs direction from the Board as to their thoughts on this issue since this is a significant issue. Assistant Village Manager Wing reported that this was a major issue with the Police union and he felt if it did not go their way it would definitely go to arbitration. Attorney Sterk reporting on the Fire negotiations indicated that unless there was a drastic change in the union participants’ position he felt that it was going to take a long time. They want to start at page one and go through the contract page by page. Assistant Village Manager Wing reminded that Board that originally the union wanted to work from a completely new draft. The position he held with them was that there was no requirement on the Village’s part to begin from scratch since the choice to change from one union to another was not the Village’s choice. Through his negotiations they agreed to work from the current contract. However, since the current negotiating team from the Fire Department are new to negotiations they want to go page by page. Discussion ensued regarding staffing and negotiations. Attorney Sterk reiterated his recommendation to hire a consultant. Trustee Aktipis indicated that the Board was dismayed about the cost of the proposals received from consultants. Manager Niemeyer had suggested narrowing the focus of the consultant to reduce costs. Manager Niemeyer suggested that the two liaisons and Assistant Village Manager Wing renegotiate the focus of the request and ask for additional proposals since the proposals received were too broad. Trustee Zannis asked that the target for bringing an award of contract to the next regularly scheduled Village of Oak Brook Closed Meeting Minutes Page 3 of 5 June 9, 2009 Board Meeting. Attorney Sterk also reported that the negotiation ground rules stated that the Village was allowed to have observers, which include Board Members, attend negotiations. He did not recommend that anyone attend the next session, but he felt that there may become a point in time when it would be to the Board’s advantage to see how the negotiations move. Assistant Village Manager Wing clarified that his and Attorney Sterk’s direction for negotiations would be the same as before with a focus on staffing. 5. 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 Budget Related Personnel Issues Manager Niemeyer addressed the discussions regarding replacement of the Finance Director until 2010. He understood their desire and through discussions with the Acting Finance Director Sharon Dangles and Assistant Village Manager Wing, he felt that they would be able to do the budget without any additional help. He reminded the Board that the recommendation of staff for the Information Technology Services stood at eliminating one IT position and looking at a six month trial agreement for IT Services from an outside source. If the Board provides direction staff would move forward. Trustee Aktipis suggested that the new Financial Advisory Committee could provide expert advice in this area. Assistant Village Manager Wing responded to a question indicating that the annual salary for the current employee in that position was $81,000 and the outsource contract would save approximately $30,000 annually. There was consensus to move forward to eliminate the position and outsource IT Services for a three months trial period. Manager Niemeyer indicated that he had been advised by Attorney Sterk that the discussion regarding Library staffing cannot be done in a Closed Meeting, therefore he has suggested a special meeting be scheduled for next week to discuss this topic. Discussion began regarding staffing issues that Attorney Sterk recommended be Village of Oak Brook Closed Meeting Minutes Page 4 of 5 June 9, 2009 done in an open meeting. Trustee Wolin suggested these discussions be held during the upcoming Special Meeting. B. Firefighter/Paramedic Vacancy Manager Niemeyer relayed that due to the direction the staffing discussions have taken, staff would not recommend moving forward on this vacancy. 6. 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 (2C21) A. Closed Meeting of April 28, 2009 Motion by Trustee Carson, seconded by Trustee Wolin, to approve the Minutes of the Closed Meeting of April 28, 2009. VOICE VOTE: Motion carried. B. Closed Meeting of May 19, 2009 Trustee Zannis clarified the section stating “Consensus was to look further into full time positions elimination by using unpaid interns and senior volunteers” should be replaced with “Eliminate full-time positions by using part-time employees. Unpaid interns and senior volunteers would be used as value added personnel”. Trustee Zannis clarified the direction to prepare a policy which currently stated “in the future an employee who would be drawing two pensions would not be hired” be changed to say “an employee drawing one pension would not be hired if the Village was obligated to contribute toward a second pension”. Motion by Trustee Zannis, seconded by Trustee Wolin, to approve the Minutes of the Closed Meeting of May 19, 2009 as amended by Trustee Zannis. VOICE VOTE: Motion carried. C. Closed Meeting of May 26, 2009 Trustee Zannis asked to change the phrase “a few weeks” to “2 – 3 weeks”. Motion by Trustee Wolin, seconded by Trustee Carson, to approve the Minutes of the Closed Meeting of May 26, 2009 as amended. VOICE VOTE: Motion carried. Village of Oak Brook Closed Meeting Minutes Page 5 of 5 June 9, 2009 7.ADJOURNMENT: The meeting adjourned at 11:24 p.m. ATTEST: ______________________________________ Charlotte K. Pruss Village Clerk /s/ Charlotte K. Pruss