Mayor, Trustees Argue In Raucous Meeting

A special Niles board meeting last Wednesday started calmly but ended with the mayor refusing to let trustees speak, accusing trustees of violating the Open Meetings Act and telling trustees they could leave if they didn't like it.

As some trustees responded to the mayor's accusations, shouting erupted.

In addition, one trustee divulged confidential information about the village manager's employment that the board had, until that point, only discussed in private. That trustee, Andrew Przybylo, was the only one to vote against the proposed ordinance to provide independent legal counsel for trustees if they should need it. The ordinance passed 5-1.

Earlier:

Earlier:

Note: This article is based on an audio recording of the meeting provided to the media by the Village of Niles. No reporters attended the special meeting. 

Trustees discuss conflicts of interest

The special meeting started with Trustee Jim Hynes explaining the proposal to hire an independent attorney for the trustees if they should ever need one.

Hynes said the question had arisen when members of the Ethics Committee, which he chairs, discussed what to do if trustees ever find a conflict of interest and couldn't seek help from the village attorney.

Village attorney:  There could be times I can't advise a trustee

Trustee Joe LoVerde asked the village attorney, Joe Annunzio, whether situations could arise where he couldn't represent a trustee – such as if a trustee were suspected of misconduct, for example. 

Annunzio responded,  "Yes, if a trustee does somthing unethical, I have an obligation to take that information and bring it to the board and bring it to the village."

$1,500 monthly cap idea failed

Trustee Andrew Przybylo suggested placing a monthly cap on the money trustees could spend on attorneys, but that motion failed because others indicated the suggested monthly dollar amount, $1,500, would not buy much attorney time. 

Przybylo then suggested setting aside $10,000 per month, if needed, for attorneys' fees in the village budget.

"I don't know if that's an appropriate way to do it," Hynes responded, suggesting it might be tempting to spend the money if it were specified for that purpose. "This way it's an attorney for the Board of Trustees."

Mayor refuses to let trustee talk 

At that point, the following exchange took place:

Trustee Louella Preston:  Mr. President, I called a question.

Mayor Callero: I’m not ready to call a question.

Trustee Preston: Point of order.

Mayor Callero: Any other questions? Are there any other comments? Andrew?

Trustee Palicki: ...Called a question.

Trustee Preston: Point of order.

Mayor Callero: I will handle this meeting.

Trustee Preston: Point of order.

Mayor Callero: You may leave. I don’t care what you’re going to say here. You may leave if you don’t like it. 

Callero accuses trustees of violating Open Meetings Act

Callero then made some statements  He said trustees most likely violated the Open Meetings Act in preparing for the special meeting.

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When Callero asked if anyone had any comments, Hynes responded, "I have one comment, I resent your implication that there were any violations of the Open Meetings Act.  If you have any proof that a violation took place, I demand you present it right now."

Callero banged his gavel and said "Call the roll."

Trustee insists no violation of Open Meetings Act 

But Hynes talked louder and said, "May I finish? Yes I may finish. You asked if I had a comment and I did, just because you don't like the comment doesn't mean I can't make it. There is no violation of the Open Meetings Act, and if you have any proof there is, I demand that you say so right now and tell me what it is."

When Callero again said, "Call the roll," LoVerde interrupted and asked Annunzio to rule on whether Hynes had a right to finish his comment, since Callero had allowed him to start it. 

'It's ridiculous the way you're conducting this'

When Callero started to interrupt, LoVerde said, "It’s ridiculous Bob, it’s totally ridiculous the way you’re conducting this." Callero told LoVerde he was out of order.

Annunzio confirmed that once recognized, Hynes had the right to speak, but Callero moved on to call the vote. 

After it passed, Callero read a statement that accused the trustees of usurping power from the legislative branch (the mayor), and that case law confirms only a referendum can change Niles' form of government to do that,  

Confidential information spilled 

At one point in the meeting, when trustees were discussing the enabling legislation to hire an independent attorney, Przybylo asked, "It really has nothing to do with fact this board is trying to discharge George Van Geem?

Hynes ventured that comment was out of order, since the board had only discussed the matter in executive (confidential) session.   

Annunzio advised Hynes he had no obligation to respond to the comment, and Hynes said he would not respond.   

"I don’t think it’s appropriate to discuss personnel matters in public," he said.

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