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R-1945 - 05/25/2021 - MUNICIPAL - Resolutions ITEM 8.A.1 BOARD OF TRUSTEES MEETING vu I AGE of SAMUEL E. DEAN BOARD ROOM OAK B Rq , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Board of Trustee Meeting of May 25, 2021 SUBJECT: Settlement Agreement FROM: Riccardo F. Ginex, Village Manager BUDGET SOURCE/BUDGET IMPACT: RECOMMENDED MOTION: I move that the Village Board approve Resolution, 2021-AG-SETT-PL-EX-R-1945,A Resolution Authorizing and Approving the Execution of a Settlement Agreement By and Between the Village of Oak Brook and Sean Kelly. Background/History: The Village has been working with our Labor Attorney's office to form a Settlement Agreement for Sean Kelly, who had been working light duty due to a health issue. After a number of examinations, his health issue was determined not to be Workmen's Compensation related and not duty related by IRMA. Due to the severity of his symptoms, Mr. Kelly does not have the capacity to return to full duty. He is in the process of pursuing a duty disability pension. This settlement agreement states that Mr. Kelly agrees to a full Public Safety Employment Benefit Act(PSEBA)waiver along with other claims. By moving forward with the settlement,the Village is also waiving it ability to challenge Kelly's line-of- duty pension claim. Additionally, Mr. Kelly will still have a legal right to pursue a Workmen's Compensation claim and challenge IRMA's previous denial. That claim would still have to be litigated or settled regardless of whether the pension and PSEBA claims are disputed and or settled, and the Village is not waiving its ability to challenge Mr. Kelly's claim before the Illinois Workers' Compensation Commission. Recommendation: The Village Board approves the resolution as presented. RG THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-AG-SETT-PL-EX-R-1945 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND SEAN KELLY GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LARRY HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 25th day of May, 2021 RESOLUTION NO.2021-AG-SETT-PL-EX-R-1945 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND SEAN KELLY WHEREAS,the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, Sean Kelly(hereinafteer referred to as the"Petitioner")filed an application with the Oak Brook Firefighters'Pension Fund(hereinafter referred to as the"Board")seeking a line-of-duty disability pension; WHEREAS,Petitioner alleges by and through his application as a result of alleged injuries allegedly sustained while in the performance of his duties that he is entitled to a line-of-duty pension; WHEREAS; the Village is interested in filing a Motion to Intervene with the Oak Brook Firefighters' Pension Fund in opposition to the Petitioner's application for a line-of-duty pension or any pension; WHEREAS,the representatives for the parties have entered into discussions pertaining to the amicable resolution of the Claim; WHEREAS,the parties to the Claim have tentatively reached a resolution as to the issues raised in the Claim and wish to terminate their litigation; WHEREAS, all parties hereto have had the benefit of counsel and have agreed to the terms which will have been reduced to a Settlement Agreement which is attached hereto and made a part hereof as Exhibit A;and WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached settlement agreement with Sean Kelly for the purposes referenced herein. NOW,THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook,DuPage and Cook Counties,Illinois as follows: 2 Resolution No.2021-AGSETT-PL-EX-1945 Settlement Agreement Sean Kelly Page 3 of 4 Section One—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Approval of Settlement Agreement The Village hereby approves the Settlement Agreement (hereinafter referred to as "Agreement")substantially in the form attached hereto and made a part hereof collectively as Exhibit A. Section Three—Authorization and Direction The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the Agreement,substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same,their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. Section Four-Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five-Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the Agreement,additionally,the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the Agreement and of this Resolution. Section Six-Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved,authorized and confirmed. Section Seven—Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Eight-Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. 3 Resolution No.2021-AG-SETT-PL-EX-1945 Settlement Agreement Sean Kelly Page 4 of 4 Section Nine—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten — Saving Clause If any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Eleven—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 25th day of May, 2021. Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: None Absent: None APPROVED THIS 25th day of May, 2021. Gopal G. Lalmalani Village President ATTEST: vPG� OF oAx®� � a Charlotte K. Pruss Village Clerk l '� C Ir v 4 Exhibit A Settlement Agreement 5