HomeMy WebLinkAbout01/18/2000 CS minutes
MAYOR
Gerald L. Farley
Phone:
Fax:
TOO:
(847) 392-6000
(847) 392-6022
(847) 392-6064
TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
Richard M. Lohrstorfer
Dennis G. Prikkel
Michaele W. Skowron
Irvana K. Wilks
VILLAGE MANAGER
Michael E. Janonis
Village of Mount Prospect oo@'U' ~@OO Im~
100 South Emerson Street Mount Prospect. Illinois 60056
VILLAGE CLERK
Velma W. Lowe
MINUTES
CLOSED SESSION
JANUARY 18, 2000
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The Closed Session was convened to discuss Litigation 8:35 p.m. Present were:
Mayor Gerald Farley, Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer,
Dennis Prikkel, Michaele Skowron and Irvana Wilks. Staff present included: Village
Manager Michael Janonis, Assistant Village Manager David Strahl, Deputy Police Chief
Thomas Daley, Commander Dick Draffone, Sergeant John Dahlberg, Finance Director
Doug Ellsworth, Village Attorneys Elizabeth Knight and Laura Scary.
Litigation
Village Manager Janonis stated that the meeting was called to discuss litigation
resulting from a verdict which was handed down earlier today regarding the Martinez v.
Mount Prospect Case. The jury awarded for the plaintiff in the amount of
compensatory damages of $179,000. As part of that $179,000, $104,000 in back pay
and $75,000 in emotional distress. A number of staff members also were found guilty
and have been assigned punitive damages. Deputy Chief Tom Daley was assessed
$500,000 in punitive damages, Commander Dick Draffone was assessed $250,000 in
damages; former Commander Dave Nicholson was assessed $250,000 in punitive
damages and it is estimated that the Attorneys' fees will be approximately $200,000
under this verdict, the Village would be responsible for covering attorney fees for the
plaintiff. There will also be injunctive relief which will soon be ordered by the Judge
which could include reinstatement of Martinez as a Police Officer. The Judge also
stated that he has sent a letter to the Department of Justice requesting a review of the
Mount Prospect Police Department regarding racial profiling by the Department.
Betty Knight, Attorney for the Village, spoke. She stated obviously even though this
was an employment case, the Judge allowed the evidence to be clearly entered into the
record reflecting what the plaintiff's attorney wanted and assuming that profiling was
occurring regardless of any true evidence to the contrary. The Judge was focused on
Chapter B throughout the trial and virtually ignored the rules of evidence and allowed
hearsay evidence wherever possible. The Judge allowed witnesses to provide their
impressions without any basis of fact and according to the plaintiff, Deputy Chief Daley
is actually the person running the Department; that is why he was assessed a
substantial punitive damage.
Attorney Knight stated there will be a number of Orders that will soon be tendered from
the Judge in this Case outlining the Injunctive Relief process. The plaintiff's attorney
has to submit a request to the Judge to consider at which point the Judge will tender an
Order. Once the Order is tendered, the Village would have the opportunity to request a
Stay to keep the Order from being carried out pending an Appeal. There are specific
timeframes related to filing Appeal Notices and if, in fact, an Appeal was granted for
consideration, it may be up to a year and one-half before results of the Appeal are
known. She stated that based on the Evidentiary Rulings throughout the trial, there are
plenty of opportunities in this Case to justify an Appeal. She also stated the Jury
instructions were full of mistakes and some items were virtually ignored.
Village Manager Janonis provided a draft statement for the press for the Village Board
to consider before release. He stated that if the Department of Justice were to
investigate the Department, the Village would obviously cooperate but did remind the
Village Board that the FBI can only look at criminal situations and does not get involved
in civil disputes.
Attorney Knight stated that it is virtually impossible to prove targeting or profiling of
arrestees unless it can be proven that the law is not being enforced on non-minorities
based on previous Court decisions.
Consensus of the Village Board was to release the draft press announcement
from the Village Manager immediately.
Village Manager Janonis stated there are two other Cases pending that are of similar
nature to the Martinez Case.
Attorney Knight stated that the Medrano Case is set for the end of February and she
would expect the Village to be treated quite similarly as the Judge in the previous case.
Finance Director Ellsworth stated that it is critical that insurance providers be advised of
the verdict and have the opportunity to review the Case material to determine whether
an Appeal is worthy.
Attorney Knight stated that she is still reviewing the details of the Medrano Case and is
trying to determine what the impact of the Martinez Case may have on the proceeding
with Medrano.
Village Manager Janonis stated that there may be some point in the future where it
would be logical to consider a settlement based on the threshold expense that the
Village anticipates.
Consensus of the Village Board was to immediately appeal the Martinez Case
decision. It was also recommended that the Village move forward and defend the
Medrano Case and consider additional legal assistance for the numerous
defendants.
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At this point, the Police Department personnel and the Village Attorneys of Knight and
Scary were excused from the room.
Trustee Lohrstorfer provided an update on former Trustee Nocchi. He stated that
Mr. Nocchi has received over 250 cards and letters of support from the community.
General comments from the Village Board members included the following items:
There was a concern that the processing of the Court Case with Trustee Nocchi be
handled as any other Case for any other defendant.
Village Manager Janonis stated that the Police Department will likely proceed with an
citation of Richard Hendricks for impersonating a public official. Based on Village Board
direction, Police have determined there is enough evidence to warrant the action. He
wanted to confirm that the Village Board was willing to proceed with the citation.
Consensus of the Village Board was to proceed with the citation of Richard
Hendricks as previously requested.
The Closed Session adjourned at 10:25 p.m.
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DAVID STRAHL
Assistant Village Manager
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