R-1819 - 08/13/2019 - LEGISLATION - Resolutions 1
RESOLUTION 2019-GL-BD-R-1819
A RESOLUTION IN SUPPORT OF THE PUBLIC CHALLENGE OF THE PROPOSED
CONSENT ORDER IN THE CASE OF
PEOPLE OF THE STATE OF ILLINOIS v.STERIGENICS
WHEREAS, the People of the State of Illinois, through the Illinois Attorney General and
the DuPage County States Attorney have filed suit against Sterigenics U.S., LLC, a Delaware limited
liability company ("Sterigenics") with a plant in Willowbrook, Illinois and a place of business in Oak
Brook, Illinois, pending in the 18'h Judicial Circuit Court of DuPage County, Illinois (the "Court") under
case no. 2018 CH 001329(the"Suit"); and
WHEREAS, during the Suit, on June 21, 2019, the Illinois General Assembly passed "The Matt
Haller Act," Public Act 101-0022, 415 ILCS 5/9.16 (the "Act"), and the Governor signed that Act into
law, shortly after which the parties to the Suit agreed on the terms of a proposed Consent Order to settle
the Suit by purporting to comply with the protections of the Act; and
WHEREAS, three Members of the Illinois General Assembly who sponsored the Act, Illinois
Representative Deanne M. Mazzochi, Illinois Representative James B. Durkin, and Illinois Senator John
F. Curran (the "Amicus Parties") filed an Amicus Brief with the Court on July 23,2019 to challenge the
Consent Order on numerous grounds, based on their knowledge of the legislative intent of the Act, and
the failure of the Consent Order to implement that intent fully and fairly; and
WHEREAS,the Village of Oak Brook is in geographic proximity to the Willowbrook Sterigenics
plant, and is the location of the local Sterigenics corporate office at 2015 Spring Road, Oak Brook,
Illinois,60523; and
WHEREAS, the business processes of Sterigenics at issue in the Suit are designed to fully
sterilize contaminated items of equipment used in hospital settings requiring a sterile environment for the
minimization of patient infections and the prevention of consequent illness and death that can be caused
by even the smallest quantity of bacteria or germ; and
WHEREAS, the Sterigenics website expansively states that the Sterigenics business is "focused
on eliminating threats to the health of humanity"; seeks to be a "point of safe" for its health care
customers, as it "touches the lives of 180 million people around the world each year"; and that its
sterilization business provides "mission-critical and government mandated sterilization services"
(emphasis added); and
WHEREAS, the Act is a government mandate to provide sterilization services in a manner that
fully complies with the intent of the Illinois General Assembly, including the Amicus Parties, who are
uniquely qualified to advise the Court of the full and fair requirements of the Act; and
WHEREAS, the Village of Oak Brook supports the full and fair application of the government
mandates contained in the Act to Sterigenics, to insure that Sterigenics does not ignore, subordinate or
sacrifice the health, safety, and lives of our residents and neighbors as part of their business dedicated to
eliminating threats to the health of other people living somewhere else;
NOW, THEREFORE,BE IT RESOLVED by the President and Board of Trustees of the Village
of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Section l: The foregoing recitals are hereby incorporated into, and made a part of, this
Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: The President and Village Trustees of the Village of Oak Brook hereby endorse
the Amicus Brief and commend the Amicus Parties for their initiative to assert the public interest
protections of the Act to the Court adjudicating the Suit.
Section 3: The President and Village Trustees of the Village of Oak Brook support the
action and advice of the Amicus Parties as set forth in the Amicus Brief, and declare their intention to join
the Village of Oak Brook as an additional party to the Amicus Brief in solidarity with the Amicus Parties,
the local governments of the intervenor parties, the residents of our community, the State of Illinois and
the County of DuPage, and direct the village attorney take all immediate and necessary action to inform
the Court of this Resolution and make all necessary filings with the court to add the Village of Oak Brook
as an additional Amicus Party to the Amicus Brief.
Section 4: All resolutions, ordinances, or parts thereof in conflict with this Resolution are
hereby repealed to the extent of the conflict.
Section 5: The Village Clerk is hereby authorized and directed to send a copy of this
Resolution to the Amicus Parties, to all parties to the Suit, to the Village's local State senators and
Representatives, and to the Illinois Governor.
Section 6: This Resolution shall be in full force and effect from and after its passage,
approval,and publication as required by law.
APPROVED THIS 13th day of August,2019. '
Gopal G.Lalmalani
Village President
PASSED THIS 13th day of August,2019
Ayes: Trustees Baar, Cuevas,Manzo, Saiyed,Yusuf
Nays: None
Absent: Trustee Tiesenga
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Charlotte K. Pruss
Village Clerk
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