HomeMy WebLinkAbout4. Mayor's Report 04/08/2015
PROCLAMATION
“NATIONAL LIBRARY WEEK”
APRIL 12 - 18, 2015
WHEREAS,
libraries create potential and possibilities within their communities, campuses
and schools; and
WHEREAS,
libraries level the playing field for all who seek information and access to
technologies; and
WHEREAS,
libraries continuously grow and evolve in how they provide for the needs of
every member of their communities; and
WHEREAS,
libraries and librarians open up a world of possibilities through innovative
STEAM classes, Markerspaces, job-seeking resources, and the power of reading; and
WHEREAS,
librarians are providing technology training and access to a wide range of
electronic content; and
WHEREAS,
libraries support democracy and effect social change through their
commitment to provide equitable access to information for all library users regardless of
race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status;
and
WHEREAS,
libraries, librarians, library workers and supporters across America are
celebrating National Library Week.
NOW, THEREFORE,I,
Arlene A. Juracek, Mayor of the Village of Mount Prospect, do
hereby proclaim the week of April 12-18, 2015 as
“NATIONAL LIBRARY WEEK”
and I encourage all residents to visit the Mount Prospect Public Library this week to take
advantage of the wonderful library resources available @ your library. Unlimited
possibilities @ your library.
_________________________
Arlene A. Juracek
Mayor
ATTEST:
__________________________
M. Lisa Angell
Village Clerk
th
Dated this 8 day of April, 2015
P R O C L A M A T I O N
“Week of the Young Child”
April 12 – 18, 2015
Theme: “Celebrating our Youngest Learners”
Sub Theme: “Celebrating our Future Leaders
st
of the 21 Century”
WHEREAS,
the Mt. Prospect Child Care Center Inc. and other local organizations,
in conjunction with the National Association for the Education of Young Children,
are celebrating the Week of the Young Child, April 12-18; and
WHEREAS,
these organizations are working to improve early learning
opportunities, including early literacy programs, that can provide a foundation of
learning for children in Mount Prospect; and
WHEREAS,
teachers and others who make a difference in the lives of young
children in the Village of Mount Prospect deserve thanks and recognition; and
WHEREAS,
public policies that support early learning for all young children are
crucial to young children’s futures;
NOW, THEREFORE,
I, Arlene A. Juracek, Mayor of the Village of Mount Prospect,
do hereby proclaim April 12-18, 2015 as the
“WEEK OF THE YOUNG CHILD”
in the Village of Mount Prospect and I urge all individuals to recognize and support
the needs of young children in ours and neighboring communities.
_____________________________
Arlene A. Juracek
Mayor
ATTEST:
___________________
M. Lisa Angell
Village Clerk
th
Dated this 8 day of April, 2015
PROCLAMATION
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____________________________
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Mayor
ATTEST:
_________________________
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SEPARATION AND RELEASE AGREEMENT
This SEPARATION AND RELEASE AGREEMENT ("Agreement") is entered into by
and between Michael Janonis ("Janonis" or "Employee") and the Village of Mount Prospect,
Illinois (the "Village"). Jannis and the Village hereinafter are sometimes collectively referred
to as "the Parties".
AGREEMENT
NOW, THEREFORE, for and in consideration of the provisions, covenants and mutual
promises contained herein, the Parties hereby agree as follows:
1 • Chap a of Status Date.. As of March 17, 2015, the employment relationship
between the Parties will per lnalieutly change and Employee will be completely relieved of all
authority, responsibilities and lights to act on behalf of the Village in any capacity. This date
(March 17, 2015) will be referred to as Employee's "Change of Status Date".
(a) Employee will receive compensation for all services performed on behalf of the
Village through and including his Change of Status Date (March 17, 2015) on the
Village's next regular payroll date thereafter (March 26, 2015).
(b) As of Employee's Change of Status late, his participation in all of the Village's
benefit programs, including the right to earn personal days, sick days, vacation
days or any other paid time off benefit pursuant to any Village policy or practice
shall cease, except as specifically stated in this Agreement.
(c) Even though Employee will not be expected or permitted to perform services on
behalf of the Village after the Change of Status Date, he will continue to be
considered an active employee with the Village for purposes of computing his
years of service credit and the contribution amounts to be paid to the Illinois
Municipal Retirement Fund ("IMRF") through and including September 18, 2015.
2. Salary Continuation Payments. Provided Employee: (a) timely executes this
Agreement, (b) does not revoke his acceptance as set forth in Paragraph #21 below, and (c) fully
complies with his obligations under this Agreement, the Village shall provide Janonis Salary
Continuation Payments in the amount of his regular bi-weekly Base Salary amounts from his
Change of Status Date through and including September 18, 2015. Such Salary Continuation
Payments will be made as a direct deposit, as previously authorized by Employee. The Parties
agree that such Salary Continuation Payments shall continue to be paid to Employee, despite
Employee's acceptance and/or commencement of employment with another employer.
(a) The Salary Continuation payments will begin on the next regular payroll date
following the Effective Date this Agreement, pursuant to the terms in Paragraph
#21 below.
(b) The Salary Continuation Payments will be subject to legally required
withholdings and other authorized deductions. For purposes of this Agreement,
Employee's "Base Salary" shall be in the annualized amount of One Hundred
4846-1981-5714.13/19/2015 2:29 PM
Eighty Four Thousand, Seven Hundred and Seven Dollars and No Cents
($184,747.00) and Employee's gross bi-weekly paycheck shall be $7,105.70.
(c) As of September 18, 2015 (also referred to herein as Employee's "Separation
Date"), the employment relationship between the Parties will permanently end in
all respects.
3. Severance Payment. The Village also shall provide Janonis a lump sum
payment in the gross amount of Ninety Two Thousand, Three Hundred Seventy Three Dollars
and Fifty Cents ($92,373.50), which is equal to six (6) months of his regular Base Salary amount.
This amount, referred to herein as the "Severance Payment", will be subject to legally required
withholdings and other authorized deductions. The Severance Payment will be payable to
Janonis in accordance with the Village's normal payroll practices on September 24, 2015 and
will be made as a direct deposit, as previously authorized by Employee. Employee
acknowledges that this Severance Payment is adequate consideration for his promises in Section
#10 below.
4. Insurance Continuation Benefits. During the period in which Employee is
receiving Salary Continuation Payments, Employee and his eligible dependents will continue to
be covered by the Village's group health insurance program, as if Employee were actively
working.
(a) As of the Employee's Change of Status Date, Employee's portion of the health
insurance premium payments was $87.75 per pay period for Employee and his
eligible dependents. Employee voluntarily authorizes the Village to deduct this
amount from Employee's Salary Continuation Payments during the period in
which such payments are provided to Employee pursuant to Section 2 above.
(b) As of September 30, 2015, Janonis may elect to continue his health insurance
coverage for himself and his eligible dependents as provided by law under the
Consolidated Omnibus Budget Reconciliation Act ("COBRA"). By separate
communication mailed to his home address, Janonis will be notified of his option
to continue such health insurance coverage pursuant to COBRA.
(c) As additional consideration and provided that Janonis makes a timely COBRA
election, the Village will pay the full COBRA premium amount on behalf of
Employee and his eligible dependents in such amounts from October 1, 2015 and
continuing through and including September 30, 2016, subject to the remaining
provisions of this Agreement (the "COBRA Subsidy" Period).
(d) After the COBRA Subsidy period ends, Employee will be responsible for the full
cost of any COBRA premiums that he incurs for himself and his eligible
dependents pursuant to the remaining provisions of the COBRA laws.
(e) The Parties agree and acknowledge that the Village's obligations to provide the
COBRA Subsidy payments in this Paragraph will end if any of the following
events occur by Janonis: (a) he is in violation of his obligations under this
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Agreement, (b) he fails to comply with his obligations under the applicable
COBRA laws, (c) he fails to authorize deductions from his Separation Pay and/or
makes other arrangements to pay his portion of the COBRA premium payment as
if he was actively employed, and/or (d) enrolls in a health insurance coverage
from another source or employer prior to the end of the COBRA Subsidy Period.
(f) Following the Change of Status Date, Employee will be entitled to participate in
the Village's flexible benefit program and dental insurance program to the extent
allowed by the terms of those plan documents and at his own expense.
5. Deferred Compensation Payment. During the period in which Employee is
receiving the Salary Continuation Payments referenced in Section 2 above, the Village also will
deposit into Employee's existing deferred compensation account, thirteen (13) payments in
installments of $1153.85 each (the "Deferred Compensation Payments"). The Deferred
Compensation Payments collectively equal and total the amount of Fifteen Thousand Dollars and
No Cents ($15,000). In the event that Employee reaches the maximum amount of contributions
available in his Deferred Compensation account due to his receipt of payments pursuant to this
Section 5 from the Village, the remaining portion of the Deferred Compensation Payments will
be provided to Employee as an additional payment on September 24, 2015 and subject to legally
required withholdings and other authorized deductions.
6. RHS Plan. As of the Change of Status Date, Employee had a total remaining
balance of 241.75 hours of personal, sick and/or vacation time which he earned but had not yet
used. This remaining balance, in the gross amount of $22,904.16, will be placed in Employee's
RHS account upon his Separation Date, subject to the remaining terms of the RHS plan
documents (as amended, as necessary).
7. Unemployment Benefits. Upon expiration of the period in which Employee is
receiving Salary Continuation Payments (which will be no later than September 17, 2015),
Employee is free to apply for unemployment benefits with the Illinois Department of
Employment Security ("IDES"). The Parties agree that Employee was not engaged in
"misconduct" as defined by IDES and therefore the Village agrees not to protest any timely filed
claim for unemployment benefits filed by Employee. This paragraph will be construed in
accordance with the law and any final determination about his rights under the law will be
determined by the IDES.
8. Mutual Releases.
(a) Except for a claim based upon a breach of this Agreement, Janonis does hereby
fully, finally, and unconditionally release and forever discharge the Released
Parties (defined below) from any and all actions or claims accruing prior to the
execution of this Agreement. By way of explanation, this release by Janonis
resolves all claims, liabilities, suits, discrimination or other charges, personal
injuries, demands, debts, liens, damages, costs, grievances, injuries, actions or
rights of action of any nature whatsoever, known or unknown, whether related or
unrelated to his employment, occurring and/or accruing prior to Janonis'
execution of this Agreement. Janonis further waives any right to any form of
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recovery, compensation or other remedy in any action brought by him or on his
behalf.
(b) Except for a claim based upon a breach of this Agreement, the Village, for itself,
and on behalf of its respective parents, subsidiaries, divisions, partners, joint
venturers, and/or affiliated businesses or entities of the Village, on behalf of its
past and present directors, officers, board members, agents, attorneys, employees,
representatives, trustees, administrators, and fiduciaries, acting in their official
capacities as representatives of the Village, does hereby fully, finally, and
unconditionally release and forever discharge Janonis and his respective agents,
attorneys, heirs, executors, administrators and legal representatives ("Jannis
Released Parties"), from any and all actions or claims accruing prior to the
Village's execution of this Agreement. By way of explanation, this release by the
Village resolves all claims, liabilities, suits or other charges, personal injuries,
demands, debts, liens, damages, costs, grievances, injuries, actions or rights of
action of any nature whatsoever, known or unknown, whether related or unrelated
to Janonis' employment, occurring and/or accruing prior to the Village's
execution of this Agreement. The Village further waives any right to any form of
recovery, compensation or other remedy in any action brought by it or on its
behalf.
(c) Without limiting the foregoing terms, this Agreement specifically includes all
claims arising from any federal, state or local constitution, statute, regulation,
rule, ordinance, order, public policy, contract or common law, including but not
limited to all claims under 42 U.S.C. 1983, the Age Discrimination in
Employment Act as amended ("ADEA"), the Family and Medical Leave Act, the
Illinois Human Rights Act, the Cook County Human Rights Ordinance, and the
Americans with Disabilities Act as amended.
(d) In addition to releasing the causes of action, this Agreement releases all claims for
equitable and legal relief, attorneys' fees and costs. In particular, this Agreement
is intended to be a resolution of any possible claims and the Parties agree that
neither party is a "prevailing party." Moreover, the Parties specifically intend and
agree that this Agreement fully contemplates all claims for attorney's fees and
costs, and hereby waives, compromises, releases and discharges any such claims.
(e) Janonis agrees that this release includes all claims and potential claims against the
Village and any affiliated companies, including their parents, subsidiaries,
divisions, partners, joint venturers, and as intended third -party beneficiaries, their
predecessors, successors, heirs, and assigns, and their past, present and future
owners, directors, officers, members, agents, attorneys, employees,
representatives, trustees, administrators, fiduciaries and insurers, jointly and
severally, in their individual, fiduciary and corporate capacities, (collectively
referred to as the "the Village Released Parties"). The Village Released Parties
expressly include, but are not limited to, individuals who have served or are
currently serving as Board Members to the Village (hereinafter, the "Board
Members").
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(f) Specifically exempt from the releases under this Section 8, however, is any
requirement or obligation that the Village and/or Janonis has to cooperate under
any statute, regulation, or funding agreement, including, but not limited to, the
Illinois Governmental Ethics Act.
(g) This Section 8 does not restrict Janonis from pursuing a claim under the ADEA in
the event he alleges that he did not knowingly and/or voluntarily enter into this
Agreement, except as provided by law. Additionally, nothing in this Section 8
shall be construed to restrict or prevent either Party from bringing a claim against
the other based on an act or event which constitutes a violation of this Agreement,
and subject to the remaining provisions of this Agreement.
9. Representation & Warranties. Except as provided in Section 8(g) above, the
Parties represent and warrant that neither has filed nor will they file any claims against the other
Party (including the Janonis Released Parties and the Village Released Parties), and that each
Party's obligations under this Agreement, including the payment of monies, are conditioned
upon this representation. Janonis represents that in negotiating the terms of this potential
agreement, he has not already disclosed the proposed terms to any third -parties (except to his
attorney(s)), nor has he disclosed any confidential information that he was obligated to maintain
while a Village employee. Nothing in this Section 9 restricts Employee's right to file a claim
seeking unemployment benefits with the IDES pursuant to Section 7 above.
10. No Reinstatement. Janonis recognizes that his employment with the Village has
permanently ceased. The Village shall have no obligation to rehire, reinstate, recall or hire
Janonis in the future.
11. Confidentiality ObliLations.
(a) Janonis agrees that neither he nor his agents will disclose the terms or any other
circumstance relating to this Agreement, except: to his attorney(s), accountant(s),
and advisors; to his spouse and adult children; in response to lawful process of
any judicial or adjudicative authority; or otherwise required by law. The Village
agrees that neither it nor its agents will disclose the terms of or any other
circumstances relative to the Agreement, except to the Village's corporate
authorities in executive session, to the Village's Human Resources Department as
taecessary to administer the terms of this Agreement, to the Village's attorneys
and accountalits, or in response to lawful process of administrative or adjudicative
authority (including as necessary to comply with the Illinois Freedom of
Information Act).
(b) Janonis understands and agrees that while he was employed by the Village, he had
an obligation to maintain certain confidential information, including but not
limited to information with which he was entrusted as a fiduciary and also
information that is subject to the attorney-client privilege. As a further
inducement for the Village to enter into this Agreement, Janonis agrees to
continue to maintain all such confidential information as confidential, and agrees
not to use, reveal, report, publish, post on the internet or intranet, disclose or
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transfer, directly or indirectly, any of the Village's confidential information for
any purpose except as expressly authorized by the Village's then appointed
Village Manager (or designee). Janonis also agrees to take all reasonable
measures to prevent the unauthorized use, misappropriation and/or disclosure of
the Village's confidential information and to prevent unauthorized persons or
entities from obtaining, misappropriating or using the Village's confidential
information.
(c) Janonis shall promptly return all the Village information and materials, including
any and all manuals, notes, plans, computer files, lists, reports, proposals,
technical information, and reproductions thereof, which relate in any way to the
Village's operations, business assets, employee files or records, or any of the
foregoing items covered by this paragraph. Janonis shall also promptly provide
the Village with the passcode to any cellphone or other computerized device to
which he has been assigned (hereinafter, the "the Village Computerized
Devices"). Within 24 hours after Janonis provides the Village with the passcodes
to his Village Computerized Devices, subject to this Agreement being in effect,
Janonis will meet with a Village representative and Janonis will direct the Village
representative to the location of certain personal information stored on such
Computerized Devices. Upon Janonis' direction, the Village representative will
then access and forward, copy or delete such personal information, to the extent
possible and permitted. The Parties will arrange for a reasonable time for Janonis
to come to the Village offices to remove his personal belongings from the
premises.
(d) The Parties understand and agree that in addition to any other remedies available
to them, any violations by Janonis of this Section 11 will cause irreparable harm
to the Village for which there is no adequate remedy and will form a basis for an
action against Janonis seeking injunctive relief, and/or attorneys' fees pursuant to
Section 23 below.
12. Nondisparagement. Janonis agrees that he will not make any adverse or
disparaging statements or communications, including web -based communications, about the
Village, his employment with the Village, or its employees, officers or directors, about the
separation of his employment or any other dealings of any kind between him and the Village, to
any third party, specifically including, without limitation, any past, present or prospective
employee of the Village, or to any representative of any media. Likewise, the Village agrees that
it will not directly or indirectly make any adverse or disparaging statements or communications,
including web -based communications, about Janonis, Janonis' employment with the Village,
including the separation of Janonis' employment, or any other dealings of any kind between
Janonis and the Village, to any third party, specifically including, without limitation, any
employer or prospective employer of Janonis, any past, present or prospective employee of the
Village, or to any representative of the media. This paragraph shall not apply to communications
between Janonis and any spouse, accountants and attorneys, and any disclosure or statement
relating to any proceeding to enforce the terms of this Agreement, or in response to lawful
process of any judicial or adjucative authority; or otherwise required by law, including but not
limited to the Illinois Freedom of Information Act. Nothing precludes the Village from publicly
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disclosing factual information concerning events that occurred during Janonis' employment with
the Village, provided that the Village does not identify Janonis as the individual undertaking or
failing to undertake any specific actions.
13. Indemnification of Employee. The Village acknowledges and agrees to
indemnify Employee and comply with its obligations under 745 ILCS 10/2-302 as to any claim
or action instituted against E iployee in his individual capacity based on an injury allegedly
arising out of an act or olnission occurring within the scope of his employment through the time
of execution of this Agreement and it :specifically agrees to do the following:
(a) Appear and defend against the claim or action;
(b) Indemnify the employee or former employee for his court costs or reasonable
attorney's fees or both, incurred in the defense of such claim or action;
(c) pay, or indemnify the employee or former employee for a judgment based on such
claim or action; or
(d) pay, or indemnify the employee or former employee for, a compromise or
settlement of such a claim or action.
14. _Additional Representation. Employee hereby warrants and represents that
Employee presently is not, nor has Employee ever been enrolled in Medicare Part A or Part B or
applied for such benefits, and that Employee has no pending claim for Social Security Disability
benefits nor is Employee appealing or re -filing for Social Security Disability benefits. Employee
further warrants and represents that Eniployee did not incur any physical injuries or receive
medical care arising from or related to any of the claims released by this Agreement. Employee
also warrants and represents that Medicare has not made any payments to or on behalf of
Employee, nor has Employee made any claims to Medicare for payments of any medical bills,
invoices, fees or costs. Employee agrees to indemnify and hold the Company and the Released
Parties harmless from (a) any claims of, or rights of recovery by Medicare and/or persons or
entities acting on behalf of Medicare as a result of any undisclosed prior payment or any future
payment by Medicare for or on behalf o1 Employee, and (b) all claims and demands for penalties
based upon any failure to report the settlement payment, late reporting, or other alleged violation
of Section 11 I of the Medicare„ Medicaid and SCHIP Extension Act that is based in whole or in
part upon late, inaccurate, or inadequate information provided to the Village by Employee.
Employee agrees to hold harmless the Village and the Released Parties from and/or for any loss
of Medicare benefits or Social Security benefits (including Social Security Disability) Employee
may sustain as a result of this Separation Agreement.
15. Neutral Reference. The Village agrees that, in the event its Human Resources
Department receives an inquiry from anyone outside of the Village concerning the prospective
employment of Janonis, such individual will be provided a copy of the written letter of reference
attached to this Agreement as Exhibit "A".
16. Complete Agreement. Janonis understands this Agreement sets forth all of the
terms and conditions of the agreement between the Parties and that, in signing this Agreement,
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Janonis cannot rely and has not relied upon any prior verbal statement regarding the subject
matter, basis or effect of this Agreement, and that all clarifications and/or modifications of this
Agreement must be in writing.
17. Neutral Construction. The language of all parts of this Agreement shall in all
cases be construed as a whole, according to its fair meaning, and not strictly for or against either
of the parties regardless of the drafter.
18. Elect o l�'erious°eemc:is. This Agreement supersedes any and all prior
agreements, understandings and communications between the Parties.
19. Nonadmissi( n. "['his Agreement shall not be construed as: (a) an admission by
the Janonis Released Parties or the Village Released Parties of any: (i) liability or wrongdoing,
(ii) breach of any agreement, or 111 violation of a statute, law or regulation; or (b) a waiver of
any defenses as to those matters within the scope of this Agreement.
20. Notices. All notices required under this Agreement shall be sent to the Village at:
Mayor Arlene A. Juracek
Village of Mount Prospect
50 S. Emerson Street
Mt. Prospect, IL 60056
and to the Employee at:
Michael E. Janonis
1314 Burning Bush Lane
Mount Prospect, IL 60056
21. Time To Consider Agreement Janonis understands that he been givcll twenty-
one (21) days to consider and sign this Agreement, (the "Consideration Period"), and agrees that
this Consideration Period has been reasonable and adequate. Janonis hereby waives the right to
any remaining days in the Consideration Period, and agrees the ("onsideration period is expired
as of his execution of this Agreement. Following his execution of this Agreement, Janonis will
have seven (7) days from the date he signs this Agreement to revoke it if he so desires (the
"Revocation Period"). This Agreement shall not become effective or enforceable until the
Revocation Period has expired (the "Effective Date"). If Janonis has not communicated his
acceptance of this offer to the Village before the expiration of this Consideration Period, this
offer automatically expires at that time, and the Village is not required to take any further action
to rescind or otherwise withdraw the terms of this Agreement.
22. Right to Counsel. Janonis understands that he was informed of this right and he
acknowledges that he has been advised by competent legal counsel of his own choosing in
connection with the review and execution of this Agreement. Janonis also acknowledges and
agrees that he has had an opportunity to and did negotiate over the terms of this Agreement.
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4846-1981-5714.13119/2015 2:29 PM
23. Attorney's Fees for Prevailing Party. In any action to enforce the terms of this
Agreement or where this Agreement is used as a defense to a claim, the more prevailing party
shall be entitled to recover its reasonable attorneys' fees in addition to any other remedies
available in that action.
24. Janonis' Acknowledgments. Janonis states that he has completely read this
Agreement and acknowledges that it has been written in a manner that Janonis has understood its
contents. Janonis freely, voluntarily and without coercion enters into this Agreement. Further,
Janonis agrees and acknowledges that he has had the full opportunity to investigate all matters
pertaining to any claims he might have and that the waiver and release of all rights or claims he
may have under any local, state or federal law is knowing and voluntary.
25. Board Approval. The Village's obligations under this Agreement are subject to
the approval of the Village Board of Trustees. If the Board approves this Agreement or any term
sheet submitted to it, Janonis agrees to voluntarily absent himself from the office pending
finalization of the Agreement and expiration of the Revocation Period, such absence not to be
characterized as leave or other paid time off.
READ CAREFULLY. THIS DOCUMENT CONTAINS
JANONIS' RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
MICHAEL JANONIS
4846-1981-5714.13/19/2015 2:29 PM
VILLAGE OF MOUNT PROSPECT ILLINOIS
Date:.
I
EXHIBIT "All
[Mount Prospect Letterhead]
(Date)
To Whom It May Concern:
Michael E. Janonis was employed with the Village of Mount Prospect as Village Manager from
July, mm mmm , 2015. He left the employ of Mount Prospect in good standing.
J 1992 until ...........
During Mr. Janonis' tenure as Village Manager, he provided the necessary leadership and vision
to create a strong, high performing, full service municipal operation. Mount Prospect enjoys a
strong AA2 bond rating, achieved through disciplined financing, planning and budgeting. The
organization has been built on a strong, long -tenured and innovative management team, which
encompasses a deep bench strength. Integrity, honesty and loyalty have been the driving force of
the organization under Mr. Jannis' tenure as Village Manager.
Mr. Janonis will bring strong management and leadership skills to any organization striving for
excellence.
VILLAGE OF MOUNT PROSPECT
Un
516046__1
Ms. Arlene A. Juracek
Village President