Board of Fire and Police Commissioners

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes - Final Tuesday, June 24, 2014 5:00 PM SPECIAL MEETING Village Hall SPECIAL MEETING Board of Fire and Police Commissioners Board of Fire and Police Minutes - Final June 24, 2014 Commissioners A. Call to Order and Pledge of Allegiance The Tuesday, June 24, 2014 Special Meeting of the Lombard Board of Fire and Police Commissioners convened at 5:03 p.m. in the Lombard Village Hall Board Room, 255 East Wilson, Lombard, Illinois. B. Roll Call of Members Present: Chairman William Dunne Vice Chairman Thomas Rachubinski Secretary Kenneth Florey Guests: Assistant Fire Chief Jerry Howell Battalion Chief Marty Coomes Attorney Jason Guisinger Human Resources Coordinator Kathleen Dunne Police Administrative Coordinator Barbara Bartolotte Assistant Fire Chief of the Berwyn Fire Department Lori Newcomb, Stanard & Associates Various firefighter/paramedics from the Lombard Fire Department C. Approval of Minutes Village of Lombard Page 1 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners D. Public Participation Sam Molinero, Assistant Fire Chief of the Berwyn Fire Department, would like to inform the Board he is here tonight to defend his character and reputation regarding the allegations made about him pertaining to the recent assessment center portion he was a part of for the Lombard Fire Department Lieutenants promotional exam. Asst. Fire Chief Molinero is a continuing Union member and pays his dues to the Berwyn Firefighters Union Local 506, the Associated Firefighters of Illinois and International Association of Firefighters. He has also served as president of Local 506 for approximately 4 1/2 years. He served on the Local 506 Executive Board for approximately 7 years prior to becoming the President. He is currently one of the certified assessors currently held by the Office of the Fire Marshall. He has been certified since 2011, shortly after completing the required training conducted by the State of Illinois Joint Labor Management Council. He was re-certified in 2013 and will remain on the list until 2015 at which time he will be seeking re-certification. Asst. Fire Chief Molinero would like the Board to know that the allegation that is being made about him, that he knew one of the candidates personally, is not true. The extent of him knowing one of the candidates is that he went to the Arlington Heights Fire Academy 24 years ago with this candidate. He has seen or spoken with the candidate maybe 3 or 4 times since they completed the Academy in 1990. The conversations that he had with this candidate he believes took place at the annual Local 3009 bowling tournament which he has attended throughout the years to support Local 3009 in their annual fundraising. He would like the Board to know that is the complete extent of his relationship with this candidate. It was brought in question why he didn't recuse himself from the assessment process because of knowing this candidate. He reached out to the current president of Local 3009, Tim Moran, which was facilitated through a member of his fire department who participated in the three way conversation before agreeing to serve as an assessor in this process. He did so to ascertain if he, Tim Moran, was participating in the promotional process, and to inquire if two other members of Local 3009 were which he knows very well. He did this so he wouldn't want to put them or himself in a possible bad situation. He did so because he felt he knew them and had relationships with them. At that time, he also informed Tim Moran and Miss Newcomb of Stanard & Associates his history and background with one of the fire Lt. candidates. All of them agreed that the extent of his relationship with this candidate in question shouldn't preclude him or cause him to recuse himself from the process. If any of them had objected at that time he would have recused himself at that point. They agreed that he could and would participate in the assessment center process and no need to recuse himself as his history of knowing the candidate was 24 Village of Lombard Page 2 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners years ago. Tim Moran, Lombard Firefighter Union President, would like to address the Board regarding the phone call that Asst. Fire Chief Molinero referred to. Mr. Moran feels there shouldn't have been a phone call. He feels if there was any doubt on Mr. Molinero's part he should have pulled out of the assessment. No phone call was needed. Tim Moran, was involved in the process. He feels that the investigator that investigated this process did not do his job. He feels alot of people were not questioned. He feels a fair and level playing field should have been set up and it wasn't. He is asking the Board for a fair and level playing field and in this case in his opinion there wasn't a level playing field. Lori Newcomb of Stanard & Associates addressed the Board regarding the State Certified list. She informed the Board that they keep the assessors local for the assessment process because having an assessor from someplace like Carbondale, they know nothing about Lombard or the Chicagoland area or situations that are handled here. Stanard sets up assessors from "like" Villages or cities. Every process she has done over the 15 years that she has been with Stanard, there is some way shape or form somebody who knows someone. It is part of their training when they discuss what constitutes knowing somebody. They go through the cycle of going through the list and then having people disclose it. In regard to Assistant Fire Chief Molinero making a phone call, she stated that many of the assessors make prior phone calls to departments to ensure that they do not know anybody who is a candidate because they don't want to commit to Stanard and then they get to the assessment center and possibly would have to drop out that day. Telephone calls that are made before the assessment center is very common because they are trying to save Stanard and themselves the possibility of not being able to participate in the assessment process. The situation that has arisen now regarding the Lombard Fire Lt. assessment was discussed about how Asst. Fire Chief Molinero knew the candidate from 24 years ago. A determination was made after a 10 minute discussion and observers that were present from the village and Union and Former State Fire Marshall, Dave Foreman. It was determined that he extent of Mr. Molinero knowing this candidate did not constitute him from recusing himself from the assessment center. If there was any question at all, Ms. Newcomb had a free assessor there at the time, and could have pulled Mr. Molinero out and put Dave Foreman in his spot. Nobody stated there was a problem with the extent of Mr. Molinero knowing the candidate from 24 years ago that it would be an issue. Regarding ethical behavior, Ms. Newcomb has had several phone calls from the Lombard Firefighter Union Village of Lombard Page 3 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners President, Tim Moran, asking her questions about the process and trying to gather information. Also, basically accusing her of hiring unethical assessors or having unethical practices in her business. Lt. Mark Sepe, Lombard Fire Department, would like to inform the Board that regarding his statement that he also gave to the investigator, he had no problem with the assessors. The issue is the improprities that had taken place during the test. The monitor was negotiated between the Village and the Union that it would be somebody that is not involved in the process from the Union, which was agreed would be him. Lt. Sepe is not involved in the Lt. testing process, already is a lieutenant, and the outcome will not effect him in the future and he is part of the Union. That was negotiated when they negotiated the lieutenants promotional process. As far as the monitors job goes, it is to make sure all of the men are being treated fairly during the process by the Chiefs and they were. Everything that he submitted to the Board was facts. He would like to give the Board proof positive that everything that he said happened in there happened. He has asked the Board for an executive session. He would like to discuss in private rather then in public with the Board the issues he is speaking of. Lt. Sepe stated he has proof positive of improprities that took place during the testing process and he witnessed them. He believes this process should be fixed. Mike DiRienzo, retired firefighter from Lombard, addressed the Board. He started Local 3009 with other members and was president for many years and was the chief negotiator for many years. His brother is Lombard Fire Chief Paul DiRienzo. He can assure the Board and the Union members that he has discussed zero firefighter department business with his brother. Mike DiRienzo is a very strong Union member. He would like to say that he is hearing about improprities that were taken place during the lieutenants promotional process, there was an outside investigation and it came up no proof to these improprieties. He is asking the Union brothers to let the process take place like it is meant to be and go back to the business of running your Union. He would ask of the Board members that without proof and no fault people are still claiming improprities. He would like the Board to see that and move forward with the promotional process. He stated that the Union cannot stomp its feet because they don't think the right person is being promoted and claim improprities. An investigation was done and again no proof, the fire lieutenant promotional testing process needs to move forward. Greg Vazquez, is a 26 year member of the Lombard Fire Department. In October of 2013 he began preparing for the rank of Lieutenant for the promotional exam. He has taken the promotional exam once Village of Lombard Page 4 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners before and he had a more clear understanding on what was required of him if he wished to do well throughout the exam process. He believes he has alot to contribute to the Lombard Fire Department. On January 7th the written portion of the promotional exam took place. On or about February 25, he was informed by his Union steward that there was an investigation being conducted concerning grievances that were pertaining to the promotional process. When he asked his Union steward specifics concerning the investigation he was told that "he would not discuss that with him". When he asked why a grievance was filed in the first place the Union reps reply was "the testing process had been compromised." When he asked how it was compromised again he was told "he would not discuss it with him." When he asked who made these allegations he was again told "he would not discuss it with him." Since then Firefighter Vazquez has been ridiculed, questioned and interrogated and opposed from January until present and accused of things which he did not do. He has answered every question that has been asked to best of his ability and more importantly honestly. I have watched these past few months as members of the executive Board and members of the Local Firefighters Union 3009 have submitted several grievances and delayed the promotional process indefinitely. Since January his family and himself have endured accusations made by his Union of being dishonest. He was questioned for nearly 2 hours on whether there was sexual misconduct, violations of department policies, rules and regulations. He would like the Board to know that these past 5 months have been stressful and embarrassing would be an understatement. He has done his best to maintain a level of professionalism that he feels his position as Lombard firefighter and paramedic deserve. He has done his best at his job and reported to duty trying not to let the stress of these proceedings effect his performance. More importantly he has kept his comments and opinions to himself until today. It is Mr. Vazquez's opinion that regarding this matter of the fire lieutenant promotional process, and the Union he has been a part of for 24 years, has accomplished some great things. Regarding this matter it is his opinion that he has been misrepresented by his Union. He has been falsely accused, himself and his Battalion Chief Marty Coomes, in order to undermine the promotional process and effect its outcome. In his opinion, regarding this matter, the Executive Board and members of his Union are judgmentally misguided and financially irresponsible. At the last meeting one of the members of the Board stated they felt uncomfortable signing off on the fire lieutenant promotional list. That Board member stated that there would always be a cloud hanging over this testing process and its unanswered questions. To reference the report of findings concerning the investigation by an independent attorney of law, Timothy Lapp, an investigation that was Village of Lombard Page 5 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners done at some measurable expense from his findings found no proof towards any of the allegations being made. From his interview with firefighter Vazquez and the three assessors there wasn't any evidence that Vazquez cheated on the assessment center portion of the lieutenants exam. Concerning the allegations of cheating and misconduct by himself and Battalion Chief Coomes, the findings confirm that there was nothing found. There was one question that remained at the end, he is referencing the findings once again from the attorney at law investigative report, two of the assessors did state that there was something unusual about the observer. One of the Chiefs stated that they found it very unusual that the firefighter observer was an employee of the department where the testing was being conducted. In the past, our Union has gone outside the department to get the observers and the question that remained after the investigation was completed was why the observer came from within the department. According to the Chief, he has never experienced an observer being paid from the testing department. The Chief stated according to the attorney report, that the observer is always from another department so that the observer is objective and does not bring bias into the room. Again, according to the investigative report, a second Chief also stated that it was very unusual that one person didn't observe the entire assessment center. Why was Lt. Sepe only there for three of the candidates? He would have a better reference point if he observed all six candidates. Lt. Sepe as being an observer to only 3 of the candidates cannot know what answers the other three gave. He respectfully asks this Board to sign off on the fire lieutenant promotional list because it is a good list and the findings say so on the investigation that was done. Firefighter Vazquez thinks it was a fair and equitable testing process. Battalion Chief Marty Coomes, served the Lombard Fire Department for 27 years. He has been a proud member of Union Local 3009 for 14 of those years. He is here for the record and to state that accusations that were made of him are blatantly false as also Timothy Lapp's report stated so. BC Coomes has worked for 25 years, giving dedicated and dignified public service to the Village of Lombard. He has trained nearly every firefighter that is sitting behind him and in the fire stations today and he has had the respect and admiration of all of these people. He has never ever turned his back on anybody in the time of need. He is being accused of helping a candidate cheat and he would like to state for the record that the report has proven that is not true. He was asked very specific and pointed questions throughout the six months of this process. He has done exactly as he has been told. He has maintained his silence as he was told to. He has not engaged Lt. Sepe in any negative way. He has treated him Village of Lombard Page 6 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners fairly as one of his subordinates and his focus has been on the sincere and professional operation of the fire department which it has always been. He is asking the Board to consider and look at the findings and see that this process is not tainted. To use the word cloud and use the word tainted I do not feel is appropriate. This process is clean and I assure you to that and would swear in any courtroom of such. This process was attacked due to a perception. This is a perception of one man and it has been disproved by the legal opinion of a well respected investigator. What is this doing to our department? This has become an embarrassment. This has become an embarrassment that is now spread outside of DuPage County. There is a way to remedy this and you, The Board, have all the evidence from the investigative report. Battalion Chief Coomes believes this process should move forward and proceed. E. Payment of Bills F. Chairperson's Report G. Vice Chairperson's Report H. Secretary's Report I. Correspondence J. Unfinished Business Assistance Fire Chief Jerry Howell announced that the grievance is still pending regarding the lieutenants promotional test. Kathleen Dunne announced that it will be going to arbitration, no date has been set as of yet but it will be in September or October. An arbitrator has been selected. Secretary Florey announced and the other Board members concurred that no decision regarding the fire lieutenants testing process will be made until it is all one package and submitted to the Board. The Board feels in order to move forward they will need all findings to be submitted including what the arbitrator findings are. Village of Lombard Page 7 Board of Fire and Police Minutes - Final June 24, 2014 Commissioners K. New Business L. Other Business M. Executive Session N. Reconvene O. Adjournment It was moved by Chairman William Dunne, seconded by Secretary Kenneth Florey, to adjourn the special meeting of the Lombard Board of Fire and Police Commissioners at 5:49 p.m. __________________________________ Secretary, Kenneth Florey Village of Lombard Page 8