11/21/2016 SUPPLEMENTAL PACKET - Internal Investigation, Ethics
November 21, 2016
City Council Meeting
Supplemental Packet
3. LEGAL & LICENSING – Alderman Patricia Haugeberg, Chair
b. Consideration of Internal Investigation Regarding Ethics Code Violation –
RESOLUTION R-179-16 (back-up material to follow)
CITY OF DES PLAINES
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 13, 2016
To: Mayor and Members of City Council
From: Alderman Patricia Haugeberg – Chairman Legal & Licensing Committee
Cc: Michael Bartholomew, City Manager and Peter Friedman, General Counsel
Subject: Internal Investigation of Ethics Code (1-9-9) Violation
Issue:A staff member and an Elected Official released ‘confidential information’ to a Daily Herald
reporter which is a direct violation of City Code of Ethics 1-9-9: Confidential Information
Analysis:
March 25, 2016: A list of pending lawsuits with the City of Des Plaines was distributed in hard copy and
via email to the Mayor and Aldermen containing 10 pages as per the request of Alderman Sayad. Both
were marked ‘Confidential’.
June 3, 2016: A FOIA was filed by Chris Placek of the Daily Herald requesting a listing of court case
numbers of all active litigation, including Cook County and Federal court, brought against the City of Des
Plaines by any and all current members of the City Council and their spouses.Attachment 1
June 6, 2016 City Council meeting: The Mayor initiated an amendment in article 1-9-5: Disclosure
portion of the City Code. He explained that after reading the list of pending lawsuits that were distributed
on March 25, 2016,he learned “something new and did not want to be surprised by that again”.
Therefore he felt there should be a revision in the disclosure portion of the City Code. Amendment,
Ordinance M-17-16, was postponed to the next City Council meeting. At that time it was placed under
the Legal & Licensing Committee. Due to the fact that the Aldermen did not know the specific item the
Mayor was referring to in presenting this amendment.Attachment 2
June 7, 2016: An article appeared in the Daily Herald regarding Alderman Brookman having a pending
lawsuit with the City. It was discovered, after the article appeared, that prior to the City Council meeting
a staff member had given the Daily Herald reporter 1 page of the ‘confidential information’ distributed on
March 25th. The page contained information regarding Alderman Brookman’s workman’s compensation
case with the City when he was a fireman. It was also discovered that after the meeting an elected official
gave the reporter the remaining 9 pages of ‘confidential information’ listing all pending lawsuits with the
City.Attachment 3
MEMORANDUM
Page 2 of 49
June 10, 2016: The FOIA request submitted by Chris Placek was completed and returned to him in letter
form which was compiled by Stewart Weiss and John Light.Attachment 1
June 16, 2016: Todd Wessell, of the Journal & Topics, filed a FOIA for the information requested by
Chris Placek of the Daily Herald which Mr. Wessell picked up that same day.Attachment 1
June 20, 2016: City Council Meeting under Committee of the Whole, Legal & Licensing, the amendment
that the Mayor recommended, Ordinance M-17-16, failed and the issue of releasing ‘confidential
information’ was discussed. It was determined that the City Attorney would write a letter to the office of
the Cook County State’s Attorney requesting an investigation of the releasing of ‘confidential
information’ by a staff member and elected official.Attachment 4
June 21, 2016: An article appeared in the Daily Herald regarding the outcome of the Mayor’s proposal.
Attachment 5
June 24, 2016: A letter was sent by Peter Friedman via email to Don Pechous, Deputy State’s Attorney,
in the Cook County State’s Attorney’s office. A response was received on June 29, 2016 stating that Don
Pechous’s office had reviewed the request and respectfully declined to conduct an investigation at this
time.Attachment 6 & Attachment 7
July 7, 2016: A letter was sent by Peter Friedman to Brent Stratton, Chief Deputy Attorney General, in
the Office of the Illinois Attorney General. When a response was not received in a reasonable amount of
time, a Legal & Licensing Committee meeting was scheduled on October 31, 2016 to discuss further
action.Attachment 8
October 31, 2016: The Legal & Licensing Committee discussed the violation of releasing ‘confidential
information’ which violates the City’s Code of Ethics. The Committee approved hiring a firm to conduct
an internal investigation of said violation to preserve the integrity of the City of Des Plaines. A firm was
recommended that is beyond reproach and has successfully conducted investigations for several
municipalities.Attachment 9
Recommendation:The Legal & Licensing Committee recommends that the City Council approves
Resolution R-179-16 for the internal investigation regarding the City’s Ethics Code violation in an
amount to not exceed $30,000.00.
Attachments:
Attachment 1: FOIA request by Chris Placek (Todd Wessell 6/16/16)
Attachment 2: June 6, 2016 - City Council meeting minutes
Attachment 3: Daily Herald article – June 7, 2016
Attachment 4: June 20, 2016 – City Council meeting minute
Attachment 5: Daily Herald article - June 21, 2016
Attachment 6: Peter Friedman letter to Don Pechous
Attachment 7: Don Pechous response letter
Attachment 8: Peter Friedman letter to Brent Stratton
Attachment 9: Hillard Heintz proposal
Attachment 10: Chapter 9 Code of Ethics 1-9-9: Confidential Information
Page 3 of 49
Attachment 1 Page 4 of 49
Attachment 1 Page 5 of 49
Attachment 1 Page 6 of 49
Attachment 1 Page 7 of 49
Attachment 1 Page 8 of 49
Attachment 1 Page 9 of 49
Attachment 1 Page 10 of 49
Attachment 1 Page 11 of 49
Attachment 1 Page 12 of 49
Attachment 1 Page 13 of 49
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JUNE 6, 2016
CALL TO
ORDER:
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 6:30 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, June 6, 2016.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman and Charewicz. Aldermen Chester and Smith were absent. A
quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Economic Development Coordinator Pruss, Fire Chief Wax, Director of Human Resources
Light, Director of Information Technology Sora, Director of Media Services DeTomasi , Police Chief
Kushner, Director of Public Works and Engineering Oakley and General Counsel Friedman.
CLOSED
SESSION:
Moved by Brookman, seconded by Charewicz, to go into Closed Session to
discuss Personnel. Upon roll call, the vote was:
AYES: 6-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Charewicz
NAYS: 0-None
ABSENT: 2-Chester, Smith
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:12 p.m.
Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
PRAYER AND
PLEDGE:
The opening prayer was given by Alderman Sayad, followed by the Pledge of
Allegiance to the Flag of the United States of America.
RECOGNITION –
POLICE DEPT.:
Police Chief Kushner announced that John Rice was promoted from Detective to
Detective Sergeant. Mayor Bogusz administered the Oath of Office for the
promotion.
SWEARING-IN
CEREMONY –
NEW PATROL
OFFICERS:
Mayor Bogusz administered the Oath of Office of Patrol Officer to the following
individuals: Kevin Zerbe, Jennifer Nelson, Steven Birch and Michael Mimp.
PRESENTATIONS: Des Plaines Arts Council Vice President Will Soderberg addressed the City
Council expressing their appreciation for the continuation of support by the City
Attachment 2 Page 14 of 49
Page 2 of 7 6/6/16
of Des Plaines. A scholarship was presented to 9 winners of the 2016 Arts
Council Scholarships.
PRESENTATIONS:
(Cont’d)
Ad Hoc Committee on Branding and Marketing:
Resident Zachary Stellberg addressed the City Council reviewing the Ad Hoc
Committee update and upcoming plans to engage the residents and obtain their
input.
Discussion was held.
Motion by Rodd that only one alderman be on the Steering Committee for the
Metropolitan Square redevelopment project. There was no second and the
motion was not considered.
Moved by Sayad, seconded by Chester, to direct Staff to prepare a Resolution
declaring Des Plaines the “City of Destiny” and place the Resolution on the
agenda for the next regular City Council Meeting of June 20, 2016. Aldermen
Haugeberg, Robinson, Sayad, Brookman, Chester and Charewicz agreed.
Aldermen Smith and Rodd did not agree. Motion declared carried.
CITIZEN PART.: Mr. Walter Korber addressed the City Council suggesting that temporary speed
bumps be placed during the summer on Forest Avenue near the school.
Mr. Horatio Gonzales addressed the City Council announcing that Our Lady of
Guadalupe is hosting a “Bicycle Pilgrimage” on the 4th of July and gave details
of the event.
CITY CLERK
ANNOUNCEMENTS:
City Clerk Ludwig announced various community events taking place during the
summer months.
CONSENT
AGENDA:
Motion by Haugeberg, seconded by Robinson, to establish the Consent Agenda
except for Items 2, 2a, 8 and 8a. Motion declared carried.
Motion by Haugeberg, seconded by Chester, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Staff recommendations and requests were approved; Resolution R-92-16 was
adopted; Ordinance M-16-16 was placed on First Reading; Ordinance M-15-16
was adopted; and Minutes of the Regular Council Meeting of May 16, 2016 were
approved.
APPROVE NEW
CLASS “K” –
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to approve New “Class K – Governmental Facility” Liquor
Attachment 2 Page 15 of 49
Page 3 of 7 6/6/16
GOVERNMENTAL
FACILITY/ LIQ.
LICENSE/ 1015
HOWARD ST.:
Consent
Agenda
Ordinance
M-16-16
License for the Des Plaines Park District’s Lake Park Boathouse and Golf Course
at 1015 Howard Avenue; and further recommend to place on First Reading
Ordinance M-16-16, AN ORDINANCE AMENDING SECTION 1, “FEE
SCHEDULE,” OF CHAPTER 18, “SCHEDULE OF FEES,” OF TITLE 4,
“BUSINESS REGULATIONS, OF THE CITY CODE TO ADD ONE CLASS
K LIQUOR LICENSE. Motion declared carried as approved unanimously under
Consent Agenda.
OAKTON ST.
SIDEPATH
GRANT
APPLICATION/
IDOT:
Resolution
R-90-16
Director of Public Works and Engineering Oakley answered questions from the
Aldermen.
Moved by Chester, seconded by Robinson, to approve the Resolution of Support
in Order to Allow for Submission of the Oakton Street Sidepath Grant
Application to the Illinois Department of Transportation (IDOT) Illinois
Transportation Enhancement Program (ITEP) for Funding and adopt Resolution
R-90-16, A RESOLUTION AUTHORIZING AN APPLICATION FOR AN
ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM GRANT
FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION. Upon roll
call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
APPROVE
PURCHASE/
BACKUP
SERVER/
IT DEPT.:
Consent
Agenda
Resolution
R-92-16
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to approve purchase of Barracuda Backup Server in the amount
of $119,646.00 from low bidder SpeedLink, 4039 Floramar Ter, New Port
Richey, Florida; and further recommend to adopt Resolution R-92-16, A
RESOLUTION APPROVING A CONTRACT WITH SPEEDLINK
SOLUTIONS, INC., FOR THE PURCHASE OF A DATA BACKUP
APPLIANCE AND RELATED SERVICES. Motion declared carried as
approved unanimously under Consent Agenda.
ADVERTISE BID/
PURCHASE ONE
F-450 TRUCK/
PUBLIC WORKS
DEPT.:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to authorize City Clerk to advertise for bid the purchase of One
(1) Replacement F-450 Truck, per specifications. Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE NEW
OWNERSHIP/
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to approve New Ownership Malincho, Inc. d/b/a Prestige
Liquor Des Plaines, 1471 Lee Street, Classification B Bulk Sales/Retail Only (No
Attachment 2 Page 16 of 49
Page 4 of 7 6/6/16
LIQUOR LIC./
1471 LEE ST.:
Consent
Agenda
Consumption on Premises). Motion declared carried as approved unanimously
under Consent Agenda.
ORDINANCE
M-15-16
FLOOD
CONTROL/
AMEND CITY
CODE:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to adopt Ordinance M-15-16, AN
ORDINANCE AMENDING TITLE 14 OF THE DES PLAINES CITY CODE
REGARDING FLOOD CONTROL REGULATIONS. Motion declared carried
as approved unanimously under Consent Agenda.
MINUTES:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to approve Minutes of Regular City
Council Meeting of May 16, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE WAGE
ADJUSTMENT/
NON-UNION
EMPLOYEES
FOR 2016:
Resolution
R-94-16
Discussion was held.
Director of Human Resources Light and City Manager Bartholomew answered
questions from the Aldermen.
Staff was directed to provide a list of non-union employee positions and a study
of internal wage compression for non-union employees.
Moved by Brookman, seconded by Haugeberg, to defer the matter of the Wage
Adjustment for Non-Union Employees for Calendar Year 2016 in Order to
Maintain Parity with Internal Union Contractual Increases as well as with
Surrounding Municipalities and Resolution R-94-16, A RESOLUTION
AUTHORIZING AN INCREASE IN ANNUAL COMPENSATION FOR NON-
UNION EMPLOYEES until such time as the study of internal wage compression
is complete. Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson,
Brookman, Chester, Charewicz
NAYS: 3-Rodd, Sayad, Smith
ABSENT: 0-None
Motion declared carried.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION – Alderman Smith, Chair
WARRANT
REGISTER:
Alderman Sayad stated that he objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Attachment 2 Page 17 of 49
Page 5 of 7 6/6/16
WARRANT
REGISTER:
(Cont’d)
Moved by Haugeberg, seconded by Robinson, to recommend to the City Council
approval of the June 6, 2016 – Warrant Register, in the total amount of
$9,871,799.30; and further recommend that Resolution R-93-16 be adopted at
appropriate time this evening. Motion declared carried.
COMMUNITY DEVELOPMENT – Alderman Charewicz, Chair
TEXT
AMENDMENT/
SIGNS/ COND.
USES/ DRIVE-
THROUGH
FACILITIES:
Economic Development Coordinator Pruss reviewed her Memorandum of May
16, 2016 regarding City initiated Text Amendments to the Commercial District
Use Matrix (Tables 12-7-3.K) to amend the conditional use regulations for Drive-
through Facilities, to amend the bond requirements for sign permits (Section 12-
11-3), to amend the sign regulations for wall signs, canopies, and awnings
(Sections 12-11-4 and 12-11-6), and to amend the Definitions for awnings and
canopies (Section 12-13-3), of Title 12 of the Des Plaines City Code (the City of
Des Plaines 1998 Zoning Ordinance, as amended). Citywide, Case #15-068-TA.
Ms. Pruss answered questions from the Aldermen.
Discussion was held.
Mr. Parker Wenzel and Ms. Heather Wahl of R. C. Wahl Jewelers appeared
before the Committee of the Whole commenting on awnings for businesses.
Moved by Haugeberg, seconded by Sayad, to recommend to the City Council
approval of Ordinance Z-9-16 at appropriate time this evening. Motion declared
carried.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-93-16
Alderman Sayad stated that he objects to paying invoices from Holland & Knight
because we could get them cheaper by an outside or in house service.
Moved by Smith, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-93-16, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR
AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $9,871,799.30. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
TEXT
AMENDMENT/
Moved by Charewicz, seconded by Haugeberg, to concur with recommendation
of Committee of the Whole to place on First Reading Ordinance Z-9-16, AN
Attachment 2 Page 18 of 49
Page 6 of 7 6/6/16
SIGNS/ COND.
USES/ DRIVE-
THROUGH
FACILITIES:
Ordinance
Z-9-16
ORDINANCE AMENDING THE TEXT OF THE CITY ZONING
ORDINANCE REGARDING DRIVE-THROUGH FACILITIES AND SIGNS.
(CASE #16-013-TA). Motion declared carried.
ORDINANCE
Z-9-16
TEXT
AMENDMENT/
SIGNS/ COND.
USES/ DRIVE-
THROUGH
FACILITIES:
Moved by Haugeberg, seconded by Charewicz, to advance to Second Reading
and adopt Ordinance Z-9-16, AN ORDINANCE AMENDING THE TEXT OF
THE CITY ZONING ORDINANCE REGARDING DRIVE-THROUGH
FACILITIES AND SIGNS. (CASE #16-013-TA). Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Charewicz
NAYS: 1-Smith
ABSENT: 0-None
Motion declared carried.
AMEND CITY
CODE/ CODE OF
ETHICS/
DISCLOSURE:
Ordinance
M-17-16
Mayor Bogusz reviewed his Memorandum dated May 26, 2016 regarding the
City’s “Code of Ethics” Disclosure Statement which is filed annually with the
City Clerk’s Office and recommended adoption of Ordinance M-17-16 that adds
language to:
“1-9-5: DISCLOSURE
B. Disclosure And Abstention: … “Additionally, a city official shall publicly
disclose litigation that the City official, or the official’s spouse, has brought
against the City and shall not deliberate or vote on matters before the Council that
directly relate to that litigation.”
Discussion was held.
General Counsel Friedman answered questions from the Aldermen.
Moved by Brookman, seconded by Sayad, to refer this matter to the Legal and
Licensing Committee for discussion and debate.
Moved by Smith, seconded by Charewicz, to adopt a substitute motion to defer
Ordinance M-17-16, AN ORDINANCE AMENDING TITLE 1 OF THE DES
PLAINES CITY CODE REGARDING DISCLOSURE OF LITIGATION to the
Legal and Licensing Committee during Committee of the Whole of the Regular
City Council Meeting of June 20, 2016. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd, Sayad,
Chester, Smith, Charewicz
NAYS: 1-Brookman
ABSENT: 0-None
Motion declared carried.
Attachment 2 Page 19 of 49
Page 7 of 7 6/6/16
STEERING
COMMITTEE/
METROPOLITAN
SQUARE
REDEVELOPMENT:
Alderman Rodd requested an informal consensus regarding the participation by
the First Ward Alderman and Chair of the Community and Economic
Development Committee on the Steering Committee for the Metropolitan Square
redevelopment project. By a show of hands Aldermen Haugeberg, Robinson,
Rodd, Chester, Smith and Charewicz agreed. Aldermen Sayad and Brookman
did not agree.
ADJOURNMENT: Moved by Brookman, seconded by Rodd, that the regular meeting of the City
Council adjourn. Motion declared carried. Meeting adjourned at 9:41 p.m.
Gloria J. Ludwig, MMC – CITY CLERK
APPROVED BY ME THIS
DAY OF , 2016
______________________________
Matthew J. Bogusz, MAYOR
Attachment 2 Page 20 of 49
News updated: 6/7/2016 5:58 AM
Des Plaines mayor wants officials todisclose lawsuits against city
Measure could target alderman receiving workers'comp
Des Plaines Mayor Matt Bogusz wants elected officials to have to disclose whether they have any active lawsuits filed
against the city.
Matt Bogusz
Christopher Placek
ADVERTISING
Attachment 3Attachment 4 Page 21 of 49
And though his name wasn't mentioned at a city council meeting Monday night, it's believed the ordinance targets
Alderman Jim Brookman, a former city firefighter on disability receiving workers' compensation benefits, though in an
interview, Brookman denied that he's suing the city.
City Manager Mike Bartholomew said there is still "active litigation"
regarding Brookman's workers' compensation claim, and as such, he would be required to check a box on an annual
ethics disclosure statement if the mayor's proposed amendment to the ethics code is approved by the council.
In 2009, Brookman was awarded workers' compensation benefits of $591.77 per week for back and neck injuries
sustained during a training exercise while he was a fire captain.
At one time, Brookman asked for a "last‐and‐final" lump sum settlement demand of $325,000, plus a Medicare set‐aside
trust. The city's insurance carrier, Safety National, countered with a final offer of $270,000, according to city documents
obtained Monday through a Freedom of Information Act request.
Brookman said he elected not to take the lump sum in lieu of the weekly payments, which he is entitled to until death.
So he said Monday it was news to him that city officials considered his case still active. And he also didn't know that
Bogusz might have been referring to him during the council discussion about the ethics ordinance.
Aldermen tabled discussion on the issue Monday and are expected to take it up again June 20.
"This ordinance shouldn't be passed," Brookman said. "It appears it has political purposes."
During the meeting, Bogusz told aldermen he proposed the ordinance amendment after reviewing information provided
by the city's lawyers about active litigation.
In the 11‐page document referenced by Bogusz and obtained by the Daily Herald, Brookman's case was listed under
workers' compensation cases as of March 18.
"I learned something new," Bogusz said. "I don't want to be surprised by that again."
The changes to the city's ethics rules would require the city's eight aldermen, mayor, city clerk, department heads and
members of the planning and zoning board to indicate on their annual disclosure forms whether they or their spouses
have brought litigation against the city.
And the rules would require those elected officials to recuse themselves from deliberating or voting on matters that
directly relate to the litigation.
Replay
Attachment 3Attachment 4 Page 22 of 49
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Attachment 3Attachment 4 Page 23 of 49
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, JUNE 20, 2016
CALL TO
ORDER:
The regular meeting of the City Council of the City of Des Plaines, Illinois, was
called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Monday, June 20, 2016.
ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd,
Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance
Wisniewski, Fire Chief Wax, Police Chief Kushner, Assistant Director of Public Works and Engineering
Duddles and General Counsel Friedman.
PRAYER AND
PLEDGE:
The opening prayer was given by Dr. Hilary Morris of the Des Plaines Baha’i,
followed by the Pledge of Allegiance to the Flag of the United States of America.
CITIZEN PART.: Resident Wayne Serbin addressed the City Council commenting on the high
price of alcohol sold at the Taste of Des Plaines compared to local business
establishments that sell alcohol.
Resident Eva Korber addressed the City Council complaining about the large
potholes in the parking lot of the Jewel Food Store at Lee and Oakton Streets.
This matter was referred to Public Works and Engineering for follow up.
CITY CLERK
ANNOUNCEMENTS:
City Clerk Ludwig announced the sole bid received on June 3, 2016 at 10:00
a.m. for the purchase and delivery of two (2) Ford F-450 Trucks per
specifications which was referred to Staff for review.
City Clerk Ludwig announced various community events taking place during the
summer months.
CONSENT
AGENDA:
Motion by Sayad, seconded by Brookman, to establish the Consent Agenda
except for Items 1, 1a, 2, 2a, 4, 5, 8 and 8a. Motion declared carried.
Motion by Haugeberg, seconded by Chester, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Staff recommendations and requests were approved; Resolutions R-97-16 and R-
99-16 were adopted; Ordinance M-18-16 was placed on First Reading; and
Attachment 4 Page 24 of 49
Page 2 of 6 6/20/16
Minutes of the Special City Council Meeting of May 23, 2016, Regular Council
Meeting of June 6, 2016 and Closed Session of June 6, 2016 were approved.
APPROVE APP’T.
2ND ALTERNATE
DELEGATE TO
NIPSTA:
Resolution
R-95-16
Fire Chief Wax answered questions from the Aldermen regarding his
recommendation that the Fire Department’s Division Chief of Training and
Safety be appointed as Des Plaines’ second delegate to the Northeastern Illinois
Public Safety Training Academy.
Staff was directed to provide an update on the accomplishments by the Division
Chief of Training and Safety.
Moved by Haugeberg, seconded by Sayad, to approve the appointment of the Fire
Department Division Chief of Training and Safety as the 2nd Alternate Delegate
to the Northeastern Illinois Public Safety Training Academy (NIPSTA); and
adopt Resolution R-95-16, A RESOLUTION APPOINTING A SECOND
ALTERNATE DELEGATE TO THE NORTHEASTERN ILLINOIS PUBLIC
SAFETY TRAINING ACADEMY BOARD OF DIRECTORS. Motion declared
carried.
APPROVE ADD’L
PURCHASES OF
QUARTERMASTER
UNIFORMS/ FIRE
DEPT.:
Resolution
R-96-16
Discussion was held. Aldermen Sayad and Brookman stated they will vote no
for the additional purchases.
Moved by Rodd, seconded by Charewicz, to approve additional purchases from
On-Time Embroidery, Inc., 2201 Lively Boulevard, Elk Grove Village, Illinois
as the vendor for the Fire Department’s Quartermaster Uniform System in the
amount not-to-exceed $43,000.00 (Budgeted Funds – General Fund/Fire
Department); and adopt Resolution R-96-16, A RESOLUTION AUTHORIZING
ADDITIONAL EXPENDITURES UNDER A CONTRACT WITH ON TIME
EMBROIDERY, INC., FOR THE PURCHASE OF FIRE DEPARTMENT
UNIFORMS. Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson, Rodd,
Smith, Charewicz
NAYS: 3-Sayad, Brookman, Chester
ABSENT: 0-None
Motion declared carried.
APPROVE
IMPROVEMENTS
CHANGE ORDER
#1/ CENTRAL RD.
PUMPING STA.:
Consent
Agenda
Resolution
R-97-16
Motion by Haugeberg, seconded by Chester, to concur with Staff
recommendation to approve Central Road Pumping Station Improvements
Change Order #1 with Manusos General Contracting, Inc., 91 Christopher Way,
Fox Lake, Illinois, 60020, in the amount of $163,327.31 (Budgeted Funds –
Water Fund/Improvements); and further recommend to adopt Resolution R-97-
16, A RESOLUTION APPROVING A CHANGE ORDER WITH MANUSOS
GENERAL CONTRACTING, INC., FOR CENTRAL ROAD PUMPING
STATION IMPROVEMENTS. Motion declared carried as approved
unanimously under Consent Agenda.
ADVERTISE BID/
ELEVATOR
Discussion was held.
Attachment 4 Page 25 of 49
Page 3 of 6 6/20/16
INSPECTION
SERVICES/ 2-
YEAR TERM/
OPTION TO
RENEW:
Moved by Haugeberg, seconded by Robinson, to authorize City Clerk to
advertise for bid Elevator Inspection Services for a 2-Year Term, with an option
to renew for two (2) 2-Year terms after the initial term. Upon roll call, the vote
was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
ORDINANCE
M-16-16
APPROVE NEW
CLASS “K” –
GOVERNMENTAL
FACILITY/ LIQ.
LICENSE/ 1015
HOWARD ST.:
Resident Wayne Serbin addressed the City Council commenting on the risks of
allowing alcohol in the boat house.
Moved by Haugeberg, seconded by Charewicz, to adopt Ordinance M-16-16,
AN ORDINANCE AMENDING SECTION 1, “FEE SCHEDULE,” OF
CHAPTER 18, “SCHEDULE OF FEES,” OF TITLE 4, “BUSINESS
REGULATIONS, OF THE CITY CODE TO ADD ONE CLASS K LIQUOR
LICENSE. Upon roll call, the vote was:
AYES: 7-Haugeberg, Robinson, Rodd,
Brookman, Chester, Smith, Charewicz
NAYS: 1-Sayad
ABSENT: 0-None
Motion declared carried.
APPROVE
PREVAILING
WAGE:
Consent
Agenda
Resolution
R-99-16
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to approve Prevailing Wage Ordinance for Laborers,
Mechanics, and Other Workers who are employed in the performance of Public
Works Projects as required by the Illinois Prevailing Wage Act; and further
recommend to adopt Resolution R-99-16, A RESOLUTION ASCERTAINING
THE PREVAILING RATE OF WAGES IN THE CITY OF DES PLAINES.
Motion declared carried as approved unanimously under Consent Agenda.
AMEND CITY
CODE/
COMPENSATION
PLAN/ ADD
POSITION/ ASST.
DIRECTOR
COMMUNITY
DEVELOPMENT:
Consent
Agenda
Ordinance
M-18-16
Moved by Haugeberg, seconded by Chester, to concur with Staff
recommendation to amend Title 1, “Administrative”, Chapter 8, “Position Grade
and Compensation Plan”, Section 4, “Compensation Plan” of the Des Plaines
City Code to add the position of Assistant Director of Community Development;
and further recommend to place on First Reading Ordinance M-18-16, AN
ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE CITY OF DES
PLAINES CITY CODE. Motion declared carried as approved unanimously
under Consent Agenda.
APPROVE
TEMPORARY
Discussion was held.
Attachment 4 Page 26 of 49
Page 4 of 6 6/20/16
LICENSE AND
AGREEMENT/
TIF #7:
Resolution
R-100-16
Moved by Chester, seconded by Robinson, to approve Temporary License and
Hold Harmless Agreement for TIF #7 Site Preparation Work and adopt
Resolution R-100-16, A RESOLUTION APPROVING A TEMPORARY
LICENSE AND HOLD HARMLESS AGREEMENT FOR TIF 7 SITE
PREPARATION WORK. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MINUTES/
SPECIAL
COUNCIL MTG.:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to approve Minutes of Special City
Council Meeting of May 23, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
MINUTES/
REGULAR MTG.:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to approve Minutes of Regular City
Council Meeting of June 6, 2016, as published. Motion declared carried as
approved unanimously under Consent Agenda.
MINUTES/
CLOSED
SESSION:
Consent
Agenda
Moved by Haugeberg, seconded by Chester, to approve Minutes of Closed
Session of June 6, 2016. Motion declared carried as approved unanimously under
Consent Agenda.
MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION: – Alderman Smith, Chair
WARRANT
REGISTER:
City Manager Bartholomew answered questions from the Aldermen.
Moved by Haugeberg, seconded by Rodd, to recommend to the City Council
approval of the June 20, 2016 – Warrant Register, in the total amount of
$3,804,579.09; and further recommend that Resolution R-98-16 be adopted at
appropriate time this evening. Motion declared carried.
LEGAL AND LICENSING: – Alderman Haugeberg, Chair
AMEND CITY
CODE/ CODE OF
ETHICS/
DISCLOSURE:
This matter was deferred from the June 6, 2016 City Council Meeting.
Discussion was held.
General Counsel Friedman answered questions from the Aldermen.
Attachment 4 Page 27 of 49
Page 5 of 6 6/20/16
Ordinance
M-17-16
Resident Wayne Serbin addressed the Committee of the Whole stating that the
City employee found to have released confidential information to the media
should be fired and the Elected Official found to have released confidential
information to the media should not be censured, but should resign.
General Counsel Friedman gave his legal opinion regarding filing a complaint
with the Attorney General’s Office or the State’s Attorney with regard to a
violation of the ethics ordinance.
Moved by Charewicz, seconded by Rodd, to place on First Reading Ordinance
M-17-16, AN ORDINANCE AMENDING TITLE 1 OF THE DES PLAINES
CITY CODE REGARDING DISCLOSURE OF LITIGATION. By show of
hands, the vote was:
AYES: 3-Rodd,
Smith, Charewicz
NAYS: 5-Haugeberg, Robinson, Sayad,
Brookman, Chester
ABSENT: 0-None
Motion declared failed.
MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE
CITY COUNCIL BACK IN SESSION.
NEW BUSINESS:
WARRANT
REGISTER:
Resolution
R-98-16
Moved by Smith, seconded by Chester, to concur with recommendation of
Committee of the Whole to adopt Resolution R-98-16, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE
FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR
AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE
PAYMENT FOR SAME. Total: $3,804,579.09. Upon roll call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
AMEND CITY
CODE/ CODE OF
ETHICS/
DISCLOSURE:
Ordinance
M-17-16
Moved by Haugeberg, seconded by Sayad, to concur with consensus reached in
Committee of the Whole to not approve Ordinance M-17-16, AN ORDINANCE
AMENDING TITLE 1 OF THE DES PLAINES CITY CODE REGARDING
DISCLOSURE OF LITIGATION. Upon roll call, the vote was:
AYES: 5-Haugeberg, Robinson, Sayad,
Brookman, Chester
NAYS: 3-Rodd,
Smith, Charewicz
ABSENT: 0-None
Motion declared carried.
Attachment 4 Page 28 of 49
Page 6 of 6 6/20/16
CLOSED
SESSION:
Moved by Robinson, seconded by Charewicz, to go into Closed Session to
discuss Probable or Imminent Litigation and Property Acquisition. Upon roll
call, the vote was:
AYES: 8-Haugeberg, Robinson, Rodd, Sayad,
Brookman, Chester, Smith, Charewicz
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 9:15 p.m.
ADJOURNMENT: Meeting adjourned at 9:38 p.m. in Closed Session.
Gloria J. Ludwig, MMC – CITY CLERK
APPROVED BY ME THIS
DAY OF , 2016
______________________________
Matthew J. Bogusz, MAYOR
Attachment 4 Page 29 of 49
News updated: 6/21/2016 4:43 PM
Des Plaines aldermen reject additionsto mayor's ethics ordinance
Des Plaines aldermen Monday night rejected Mayor Matt Bogusz's proposed ethics ordinance additions that would have
required elected officials to disclose whether they have any active lawsuits filed against the city.
Matt Bogusz
Christopher Placek
ADVERTISING
Attachment 5 Page 30 of 49
In their 5‐3 vote against the ordinance changes, aldermen accused Bogusz of playing politics by appearing to target
Alderman Jim Brookman, a former city firefighter who filed a workers' compensation claim against the city in 2006.
Aldermen Denise Rodd, Don Smith and Mike Charewicz voted in favor of the ordinance.
Brookman's name and details about his case appeared on an 11‐
page city document that lists active litigation against the city.
The document was prepared by the city's attorneys, provided to the city council in March, and obtained by the Daily
Herald earlier this month.
The documents state that Brookman at one time had asked for a "last‐and‐final" lump sum settlement demand of
$325,000, plus a Medicare set‐aside trust.
The city's insurance carrier, Safety National, countered with a final offer of $270,000.
City officials and attorneys haven't said why Brookman's case was still on the active list, but Brookman reiterated his
position Monday that his case had been settled in 2009, when he was awarded workers' compensation benefits of
$591.77 per week for back and neck injuries sustained during a training exercise while he was a fire captain.
"There is no active litigation. My attorney confirmed that," Brookman said. "He will send a letter to the city that when a
final award was reached, there was no litigation. It was over in 2009 and the city should know that."
"It was pure politics from the beginning," he added.
Without mentioning Brookman by name, Bogusz on Monday echoed comments he made when he introduced his
ordinance at the June 6 city council meeting, that he "learned something that surprised" him after reading the 11‐page
document in March.
The proposed rules would have required elected officials to recuse themselves from deliberating or voting on matters that
directly relate to their litigation.
Bogusz said the council makes significant policy decisions related to litigation, such as increasing or decreasing city
attorney retainer fees, and whether to be self‐insured or be part of an insurance pool.
"This is an easy decision," Bogusz said. "Y ou cannot be the plaintiff if you control the actions of the defendant. It's that
simple."
Under the proposed ordinance, Brookman would have been required to check a box on the city's ethics disclosure
statement one time, but not annually, City Manager Mike Bartholomew said.
Also Monday, a number of aldermen called for an outside investigation into how the city documents, labeled "confidential
attorney/client privilege," were leaked by city officials to the Daily Herald.
Replay
Attachment 5 Page 31 of 49
Winner 2015 Best Website
Aldermen asked Bartholomew to contact the Cook County state's attorney's office and Illinois Attorney General.
He said if they don't take the case, an outside legal firm could be hired to investigate whether the city's ethics code was
broken.
Article Comments ﴾0﴿
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Attachment 5 Page 32 of 49
Attachment 6 Page 33 of 49
Attachment 6 Page 34 of 49
Attachment 7 Page 35 of 49
Holland & Knight
131 South Dearborn Street | Chicago, IL 60603 | T 312 263 3600 | F 312 578 6666
Holland & Knight LLP | www hklaw com
Peter M Friedman
(312)578-6566
peter friedman@hklaw com
July?, 2016
Via E-mail
Brent D. Stratton
Chief Deputy Attorney General
Office of the Illinois Attorney General
100 W.Randolph Street
12th Floor
Chicago, IL 60601
Re: Request for Investigation
Dear Mr. Stratton:
Our firm serves as General Counsel to the City of Des Plaines ("City"). Section 1-9-9 of
the Des Plaines City Code (the City's Code of Ethics) provides as follows:
1-9-9: CONFIDENTIAL INFORMATION:
A. No city official or employee shall, without proper legal
authorization, disclose confidential information concerning the property,
government or affairs of the city. City officials and employees are prohibited from
using such confidential information to advance the financial or other private
interests of themselves or others. For purposes of this section, "confidential
information" means any information that may not be obtained pursuant to the
Illinois freedom of information act. A list of items which comprise "confidential
information" is made a part of this chapter.
B. Any employee found to have knowingly violated any provisions of
this chapter shall be subject to employment sanctions, including discharge.
C. Any city official or member of the planning and zoning board found
to have knowingly violated any provision of this chapter shall be subject to such
penalty as may be determined by the city council within its authority to mete out
disciplinary measures.
Attachment 8 Page 36 of 49
Brent D. Stratton
July 7, 2016
Page 2
The City has learned that some or all of an 11 -page document containing confidential
information regarding the status of pending litigation involving the City and marked
"Confidential/Attorney-Client Privileged" was provided to a local reporter without authorization
from the City Council.
At its meeting on June 20, 2016, the Council directed our office to request that your office
undertake an investigation to determine the identity of the individual or individuals who provided
the document in violation of the City's Code of Ethics.
The Council is determined to have this investigation completed as soon as possible.
Accordingly, the City appreciates your attention to this request.
Sincerely
Peter M. Friedman
^tyyi/KA^u^
#46947161 v2
Attachment 8 Page 37 of 49
City of Des Plaines, Illinois
Internal Investigation Support
November 14, 2016
Attachment 9 Page 38 of 49
Attachment 9 Page 39 of 49
Attachment 9 Page 40 of 49
Attachment 9 Page 41 of 49
Hillard Heintze Proposal for City of Des Plaines 4
The Hillard Heintze Team:
Curriculum Vitae for Select Members
ARNETTE F. HEINTZE, CHIEF EXECUTIVE OFFICER AND CO-FOUNDER
As Hillard Heintze’s co-founder and Chief Executive Officer, Arnette Heintze
has transformed a small high-performing cadre of senior experts into a
globally recognized strategic security and investigations firm. Under his
leadership, Hillard Heintze has emerged today as one of the fastest-
growing private companies in the United States. For three years in a row, it
has been ranked on the annual Inc. 500/5000 list. In 2010, the Initiative for
a Competitive Inner City’s extended the firm its annual award for the
fastest-growing inner city firm in the U.S., naming Hillard Heintze #6 in the
nation and #1 in Chicago. Under Arnette’s direction, the expanding Hillard
Heintze team is systematically setting new best practices in security and
investigations across the board – a track record that has quickly and
dramatically expanded the firm’s client list to include a “Who’s Who” of
Fortune-ranked corporations with leading positions in their industries – across the country and, in
many cases, worldwide.
Based on nearly three decades of experience working at the highest levels of federal, state and local
law enforcement, Arnette has an exceptionally strategic perspective on security. As a U.S. Secret
Service Special Agent and a senior agency executive , Arnette planned, designed and implemented
successful security strategies for U.S. Presidents, world leaders, events of national significance and
the protection of the nation’s most critically sensitive assets. In 1990, Arnette was part of the
Presidential Protective Division, where he served more than four years on the permanent detail
protecting President and Mrs. Bush and President and Mrs. Clinton. In Washington, D.C., Arnette
also coordinated the 160 foreign embassies in the city and acted as the Secret Service spokesperson
and agent in charge of the Public Affairs Office, where he also led the crisis communication team
during some of the nation's most trying times. In April 2000, Arnette's strategic leadership
qualifications led to his appointment as a member of the Senior Executive Service and his selection
as the Special Agent in Charge of the Secret Service's Chicago field office.
In 1998, Arnette earned the honor of being chosen as the Treasury Department's representative to
attend the National War College, an elite program for select military officers and ranking federal
civilians, where he earned a Master of Science degree in national security strategy. The National
War College provides its graduates with the superior training, decision-making skills and strategic
capabilities necessary for leadership in national security policy, foreign policy, defense policy,
military strategy, force employment and joint operations. Upon his retirement from public service,
Arnette served as the CSO for PepsiCo Beverages and Foods.
Arnette has received numerous awards and recognition for superior performance, dedicated service
and heroic actions, including the U.S. Secret Service Valor Award — the agency's highest. This was
bestowed on Arnette for courageous action and heroism he exhibited in a 1983 shooting and
hostage incident in Baton Rouge, Louisiana. Arnette was Board Certified in Security Management in
2001 and attained the coveted Certified Protection Professional (CPP) Designation as awarded by
ASIS International. He is an active member of the International Association of Chiefs of Police, the
Illinois Association of Chiefs of Police, the National War College Alumni Association, the Association
of Former Agents of the United States Secret Service and the American Society for Industrial Security.
Attachment 9 Page 42 of 49
Hillard Heintze Proposal for City of Des Plaines 5
The Hillard Heintze Team:
Curriculum Vitae for Select Members
JENNIFER L. MACKOVJAK, SENIOR VICE PRESIDENT, INVESTIGATIONS
Jennifer Mackovjak is a highly seasoned civil and criminal investigator with
extensive U.S. and international public and private sector credentials. In
her current position, she leads Hillard Heintze’s Investigations Practice
supporting the needs of clients that range from global law firms and
multinational, industry-leading enterprises to major sports organizations,
government agencies and high net worth Family Offices.
Critical to Jennifer’s success throughout her career have been three
qualities: (1) a passion for truth; (2) a natural comfort with the rigor,
objectivity and persistence required to uncover it; and (3) a deep, technical
understanding of precisely how every phase of the investigation – from
receiving a tip to providing testimony at trial or before grand juries – must
be undertaken to preserve the integrity of its findings. She specializes, for example, in leading the
teams responsible for critical investigative tasks such as formulating and executing case strategies,
investigative plans and tactical initiatives; analyzing litigation and other public filings; and gathering
intelligence through human source interviews, media reports, social networking sites and online
database research.
Jennifer is a former Director of Investigations at Altegrity Risk International, Senior Director at Kroll,
Inc., and Senior Detective Investigator in the New York County District Attorney’s Office. Before
Altegrity recruited her to help launch its Investigations Division in Chicago, she served as a Senior
Director of Business Intelligence and Investigations at Kroll with responsibility for multiple areas. In
this capacity, Jennifer led and directed investigations related to corporate misconduct, pre-
transactional and investigative due diligence, onshore and offshore asset searches, hostile
takeovers, patent infringement disputes, fraud, competitive intelligence, litigation support and
computer forensic analysis. One of the highlights of her work at Kroll was her pro-bono support to
the Innocence Project, where she played a critical role in uncovering evidence in a 1988 murder
case that led to the exoneration of a wrongfully convicted defendant after 18 years in prison.
Jennifer served as a Senior Detective Investigator and Intelligence Analyst in the New York County
District Attorney’s Office, where she investigated a wide range of major offenses, including homicide,
grand larceny, fraud, forgery, securities fraud, identity theft, sexual abuse and bid-rigging. In this
capacity, she executed judicial eavesdropping and search warrants; located and interviewed
defendants, subjects of interest, fugitives and witnesses; oversaw the cooperation of informants;
assisted with witness protection and relocation; and planned and conducted undercover operations
and physical surveillance. Jennifer was the lead case officer in a six-year investigation of organized
crime rings which led to the arrest and prosecution of more than 30 individuals. This criminal
enterprise included corrupt attorneys, doctors, hospital personnel and Soviet émigré organized
crime figures responsible for laundering millions of dollars in criminal proceeds through kickbacks,
bribes, falsification of business records, insurance fraud and staged automobile accidents.
Jennifer holds a Bachelor’s degree in Criminology from Marquette University and a Master of Public
Administration degree from DePaul University. She is a graduate of the Westchester County (NY)
Police Academy and a licensed private investigator in Illinois, Tennessee and Wisconsin.
Attachment 9 Page 43 of 49
Hillard Heintze Proposal for City of Des Plaines 6
The Hillard Heintze Team:
Curriculum Vitae for Select Members
CARL J. DOBRICH, SENIOR DIRECTOR, INVESTIGATIONS
With over 30 years of experience and expertise in combating organized
criminal enterprises, leading major homicide investigations and serving as
a public safety administrator, Carl Dobrich has a proven track record of
delivering professional law enforcement services to government partners,
as well as the private sector.
At Hillard Heintze, Carl is largely involved with conducting traditional field
interviews, is a liaison with law enforcement and prosecutors, and provides
litigation support to various law firms.
Carl had a 25-year career in the Illinois State Police (ISP) culminating in
serving as the Captain – Zone Commander, where he managed over 80
investigators and was responsible for state police investigations across nine counties. As a
Lieutenant – Narcotics Commander, Carl directed a state-indemnified Task Force, focusing on the
interdiction of bulk shipments of illegal drugs and their illegally derived proceeds. He also provided
direction to state-indemnified Metropolitan Enforcement Groups, Task Forces and Chicago’s High
Intensity Drug Trafficking Area Initiative, focusing on narcotics enforcement in the Chicago
metropolitan area.
Carl focused on narcotics enforcement – including surveillance, use of confidential sources,
undercover operations, collection of evidence and presentation of testimony in court – while
Sergeant – Task Force Field Supervisor in southern and northwestern Illinois. As part of a special
assignment, Carl spent nearly two years as a Special Agent for the Federal Bureau of Investigation in
Carbondale, Illinois where he performed the duties of a federal task force officer focusing on
dismantling organized criminal enterprises under the investigation of the ISP and the FBI. On
another temporary assignment, Carl worked for the Chicago Police Department Research and
Development Division where he developed and updated emergency response plans for mass
casualty incidents. For two years, Carl led the state police team responsible for investigating the
disappearance of Stacy Peterson, Drew Peterson’s fourth wife, during which time he oversaw dozens
of investigators following thousands of leads.
After retiring, Carl worked as a contract investigator for the Illinois State Police, during which time he
participated in the Crimes Against Seniors Program, a statewide initiative which investigated
complaints of financial exploitation of the elderly. He also served as a consultant for Andrews
International where he provided guidance related to the physical security of corporate assets,
internal corporate investigations, executive protection and workplace violence prevention.
As Director of Public Safety at the Illinois Institute of Technology, Carl – with the assistance of a 54-
person, armed public safety officer workforce – administered campus safety policies to help provide
a safe environment for staff and students at four campus locations.
Carl received a Bachelor of Science degree from Eastern Illinois University and has completed the
Leadership and Administration of Justice Program from the FBI National Academy.
Attachment 9 Page 44 of 49
Hillard Heintze Proposal for City of Des Plaines 7
The Hillard Heintze Team:
Curriculum Vitae for Select Members
SHIRLEY R. COLVIN, SENIOR INVESTIGATOR
Shirley Colvin is a highly experienced investigator who retired from the
Chicago Police Department (CPD) in April 2015 with an exemplary record
of service, commitment and achievement within the law enforcement
community. As evidenced in her 25-year career with the Department, her
mission – both personal and professional – has been improving and
bridging the gaps in relationships between law enforcement agencies and
the communities they serve. As a Senior Investigator at Hillard Heintze,
Shirley is responsible for investigative and litigation support for leading
organizations, public agencies and high net worth enterprises. She also
acts as a liaison between Hillard Heintze and law enforcement agencies.
Early in her career, Shirley served as a CPD patrolman and later tactical
officer. She joined the Detached-Services Unit of the Chicago Police
Department and was detailed to the City of Chicago’s Office of the Inspector General. In 2004,
following successive departmental awards, Shirley was recruited to join the office staff of the 21st
District Commander where she developed command-level experience dealing with sensitive and
confidential information. Shirley was promoted to Detective in December 2006 and was assigned to
the Area South Detective Bureau. She excelled as an investigator in the Robbery, Burglary and Theft
Division followed by assignment to Sex Crimes Investigation Division.
In 2008, after numerous successful and sensitive high-profile investigations, she was assigned to the
Homicide Investigations Division. As a Lead Homicide Investigator, Shirley worked closely with
patrolmen, forensic investigators and fellow detectives. In this capacity, she supervised the collection
and analysis of physical evidence, the proper processing of crime scenes, the preparation and
presentation of statements from victims and witnesses and professional court testimony.
Later she served as a spokesperson for the Chicago Police Department addressing numerous
professional and civic organizations and gaining extensive media experience, including being
profiled on the television programs Crime Watch and Crime Stoppers Case Files.
Shirley was co-creator, instructor and mentor of the Chicago Police Department’s S.T.A.R.S., (Students
Taking Authority & Reaching Success) mentoring program. The program was developed in 2008 and
borne out of the need to provide attention, guidance and support to Chicago Public School girls at
risk. In September 2015, Shirley was selected by the National Center for Victims of Crime and
conducted a workshop focusing on bridging the gap with survivors of violent crime, during the
National Conference held in Anaheim, California.
Shirley earned her Bachelor of Science, Law Enforcement Management and dual Master of Science
degrees, Law Enforcement Administration and Public Administration at Calumet College at St.
Joseph.
Attachment 9 Page 45 of 49
Hillard Heintze Proposal for City of Des Plaines 8
The Hillard Heintze Team:
Curriculum Vitae for Select Members
STEVEN M. BOVA, SENIOR DIRECTOR, SECURITY RISK MANAGEMENT
Steven Bova is a senior subject-matter expert and client advisor supporting
a wide range of the firm’s core competencies. As a Senior Director, he
identifies, manages, mitigates and monitors risks, threats and
vulnerabilities associated with organizational, technological and cyber
activities. Specifically, this involves leading projects associated with
electronic forensics, IT-centric and information security issues, and virtual
CIO and CISO services. It also entails providing expert support to major
investigations, comprehensive audits of security operations, and
independent assessments of police departments.
Steven brings a problem-solving perspective refined by his expertise in
several distinct areas. These include (1) expert understanding of
information sharing and intelligence driven technologies and associated
national guidelines and standards; (2) practical, hands-on experience in its application to complex
justice and law enforcement challenges; and (3) a strong track record of leadership in aligning
technology with the organization's mission, business and core operations.
Before joining Hillard Heintze, Steven served on the senior leadership team at Analysts International
as Director of the Public Safety / Homeland Security Sector and as a senior subject-matter expert in
law enforcement policy, practices, procedures, and technology. He oversaw the establishment of IT
protocols and standards for state and local law enforcement agencies – the critical information
distribution and intelligence-sharing hubs of today’s integrated justice systems. He ensured that the
IT and security protocols complied with specific agency and national standards, including FBI CJIS
Policy pertaining to implementation of Criminal Intelligence Systems Operating Policies; the Global
Justice XML Data Model (GJXDM); Justice Reference Architecture (JRA); and the National Information
Exchange Model (NIEM) to achieve interoperability among participating agencies.
Earlier in his career, Steven served in a senior law enforcement capacity as Bureau Chief within the
Information and Technology Command of the Illinois State Police. In this role, he led and directed
initiatives to improve information sharing, proactive policing, and analytical analysis among law
enforcement agencies and the public to better prepare and secure critical information systems for
integrated information sharing across the justice domain.
Steven has served as a board member on the National Law Enforcement Telecommunications
System, and is a proven authority in many critical law enforcement domains, including intelligence-
led policing, proactive and predictive analytics accountability analysis, performance metrics, and
departmental operations as well as the policies, business processes, and technologies required to
support each of these areas.
Steven has a degree in Business Administration from Indiana State University and has completed
coursework as a Certified Information Systems Security Professional and Project Management
Professional (PMP). He also holds a post-graduate Certificate from Northwestern University's Center
for Public Safety, Staff Police and Command School (SPSC #219) where he was honored with the
Franklin M. Kremil Leadership Award for Excellence in Law Enforcement Leadership.
Attachment 9 Page 46 of 49
1-9-9: CONFIDENTIAL INFORMATION:
A. No city official or employee shall, without proper legal authorization, disclose confidential
information concerning the property, government or affairs of the city. City officials and
employees are prohibited from using such confidential information to advance the financial or
other private interests of themselves or others. For purposes of this section, "confidential
information" means any information that may not be obtained pursuant to the Illinois freedom of
information act1. A list of items which comprise "confidential information" is made a part of this
chapter.
B. Any employee found to have knowingly violated any provisions of this chapter shall be subject to
employment sanctions, including discharge. (Ord. M-15-95, 3-27-1995)
C. Any city official or member of the planning and zoning board found to have knowingly violated any
provision of this chapter shall be subject to such penalty as may be determined by the city
council within its authority to mete out disciplinary measures. (Ord. M-15-95, 3-27-1995; amd.
Ord. Z-29-15, 10-5-2015)
1-9-10: ENFORCEMENT AND PENALTIES:
A. Any employee found to have knowingly violated any provision of this chapter shall be subject to
employment sanctions, including discharge, as allowed by collective bargaining agreements and
the city's personnel policy manual as currently exists or may be amended from time to time.
(Ord. M-17-07, 5-7-2007)
B. Any city official or member of the planning and zoning board found to have knowingly violated any
provision of this chapter shall be subject to such penalty as may be determined by the city
council within its authority to mete out disciplinary measures. (Ord. M-17-07, 5-7-2007; amd.
Ord. Z-29-15, 10-5-2015)
C. In addition to the foregoing, any person found by a court to be guilty of violating any of the
provisions of this chapter, upon conviction thereof shall be punished by a fine as set out in the
general penalty in section 1-4-1 of this title for each day of violation.
D. An ethics officer is hereby created who is hereby empowered to take any written complaints of
any violation of provisions of this chapter. The ethics officer shall be entitled to investigate and
make a written determination upon the alleged ethical violation. The ethics officer may make any
such recommendations, as he or she may deem appropriate, to the corporate authorities. The
ethics officer shall be appointed by the city manager for a term of one year and may be
reappointed thereafter as the city manager deems appropriate. (Ord. M-17-07, 5-7-2007)
Attachment 10 Page 47 of 49
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CITY OF DES PLAINES
RESOLUTION R - 179 - 16
A RESOLUTION APPROVING THE RETENTION OF
HILLARD HEINTZE LLC TO CONDUCT ETHICS
I N V E S T I G A T I O N
WHEREAS, on October 31, 2016, the Legal and Licensing Committee of the City Council
recommended that the City Council retain an outside firm to conduct an investigation into the
release of certain confidential information and documents by elected officials or employees of the
City to the public (“Investigation”); and
WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des
Plaines and the City’s purchasing policy, the City has determined that the procurement of internal
investigations does not require competitive bidding because these services require a high degree
of professional skill and judgment where the ability or fitness of the individual plays an important
part; and
WHEREAS, the Committee determined that Hillard Heintze LLC, a provider of
investigative services (“Consultant”), is best qualified to conduct the Investigation; and
WHEREAS, the Committee requested a proposal from Consultant to perform the
Investigation; and
WHEREAS, the Consultant has provided general information related to conducting the
Investigation (“Proposal”) and a proposed cost for the Investigation of a not-to-exceed amount of
$30,000; and
WHEREAS, the City desires to enter into an agreement for the procurement of the services
for the Investigation from Consultant in the total not-to-exceed amount of $30,000; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
retain the Consultant to conduct the Investigation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: AUTHORIZATION OF RETENTION OF CONSULTANT. The City
Council hereby authorizes the City Manager to retain the Consultant for the purpose of conducting
the Investigation and to enter into and execute the City’s professional services contract with the
Consultant in a form acceptable to the City’s General Counsel in an amount not to exceed $30,000.
Page 48 of 49
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SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
P A S S E D this _____ day of ____________, 2016.
A P P R O V E D this _____ day of _____________, 2016.
V O T E : AYES _____ NAYS _____ ABSENT _____
M A Y O R
A T T E S T : A p p r o v e d a s t o f o r m :
C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l
Page 49 of 49