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Some Trustees Caught By Surprise in Village Attorney Switch

Trustee Carol Quinlan says village board had no chance to discuss village manager's appointment of new village attorneys. Process should have been "more transparent."

 

Trustee Carol Quinlan (Dist. 5) criticized the way she and other Oak Lawn village board members were informed of the change in village attorneys last month, saying she had to ask the village manager what was happening after receiving his “convoluted email.”

Village Manager Larry Deetjen informed the village board on Feb. 29 that he had appointed new legal counsel, saying he had the power to make such appointments under the managerial form of village government. Deetjen was out of the country and did not attend at last Tuesday's village board meeting.

Do you think the village has too many attorneys? TELL US IN THE COMMENTS.

The village switched attorneys last month, after Paul O’Grady and his government litigation group left Querrey and Harrow to join a new firm with Wisconsin ties. O’Grady and his group will continue to represent the Village of Oak Lawn at Milwaukee, WI-based Peterson Johnson Murray SP's Chicago office.

“[The law] clearly states that the village manager can make this decision but I’m a trustee,” Quinlan said. “I would like to know what’s going on and not get some convoluted email that kind of, sort of tells me that we’re changing law firms.”

Quinlan said that with thousands of dollars at stake, the village should have sought competitive bids from other firms before the village manager appointed the new firm to handle Oak Lawn’s legal business.

“I just think in this day and age it’s just so important that government on all levels is completely open and honest in telling people what’s going,” she said. “When people are scrambling to get work there should be a healthy competition out there.”

Quinlan proposed adding “professional services” in addition to supplies and materials that the village manager is authorized to purchased under the village's municapl code. She also wants to lower the spending cap of $20,000 to $10,000 that would require village board approval before purchases over $10,000 can be made by the village manager.

The village is currently not required under state statutes to seek bids for professional services.

“I just think we, as board members, should have been given a heads up,” Quinlan said. “We should have at least discussed it in executive session and we didn’t do so.”

Trustee Tom Phelan (Dist. 6) said he wasn’t keen on the idea of interviewing “50 law different lawyers trotting out their wares and proposing what they can and cannot do” in a competitive bid process.

“I get tired of this implication that we don’t have the power to stop our village manager from doing thing,” Phelan said. “It’s the silliest thing I’ve ever heard. We’ve heard time and time again as if he’s running out there doing things we can't control. We absolutely can control it.”

The notion of the village manager appointing the village attorneys wasn’t spelled out in state statutes but based on interpretation of past cases, Mayor Dave Heilmann said, himself an attorney.

“Let’s say the village manager went out said he wanted to hire a firm for $1 million a year,” Heilmann continued. “I don’t think the six trustees would sit up here and say, ‘there’s nothing we can do about it.’”

O’Grady apologized to village board members for causing any “consternation” describing the situation at Querrey and Harrow as “fluid.” In the past week, the medical malpractice group also left the firm.

“I tried to inform the village manager of what was happening and that things were developing rapidly at Querrey and Harrow,” O’Grady said. “This happens from time to time.”

All of the Oak Lawn case files from Querrey and Harrow are now in possession of the new form in a transition process that O’Grady described as “seamless.”

The village attorney represents the village in civil rights, labor, workman’s compensation claims, appellate work, and daily ordinances and board work.

The hourly rates--$185—would remain the same as in the Querrey and Harrow contract that got tabled in August. The village was served with a federal subpoena last June seeking documents related to Querrey and Harrow’s hiring in 2008.


Related Topics: Carol Quinlan, Johnson Peterson Murray, Oak Lawn Village Board, Paul O'Grady, oak lawn politics, querrey and harrow, and village attorneys
Does Oak Lawn have too many attorneys? Tell us in the comments.

Stosh

7:09 am on Monday, March 19, 2012

They have more attorneys than the Cook County States Attorneys Office. When you are involved in illegal activity you need to surround yourself with a lot of attorneys.

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Alice Hanson

7:29 am on Monday, March 19, 2012

LArry has the power to select, but not to award contracts. This, like many other things, could've been much better handled. Tom, you look tired by your slouching and disinterest. Do yourself and your District a favor by not running again. Nice seeing you at st Catherine's men's night, oh wait, you weren't there.....

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Alice Hanson

7:31 am on Monday, March 19, 2012

Carol, you don't want low bidder for this type of work. Leave it at $20,000, the meetings are long enough!

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Alice Hanson

7:34 am on Monday, March 19, 2012

How about update on investigation? What's billing at? Expected timeframe to wrap it up? Anything new with fed subpoena?

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JR

8:03 am on Monday, March 19, 2012

After all of the past issues related to hiring attorneys in the Village, complete transparency is needed. Deetjen's tactics are anything but transparent. And if Tom Phelan doesn't want to sit through competitive bidding process, then he does not belong in government.

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Sandra Bury

8:45 am on Monday, March 19, 2012

As was pointed out to Trustee Quinlan at the same meeting, when you solicit competitive bids there is then an assumption that you must go with the cheapest. The cheapest attorneys and doctors aren't necessarily the best. If I had a serious health problem I would not interview doctors based on price. I'd want the best doctor that I could find. I'd want the best healthcare team. It's great to save money where you can, but with attorneys and other professionals, to look at price alone is reckless.

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JR

9:13 pm on Monday, March 19, 2012

Doc, I agree that cheapest is not always the best way to go. I am a big proponent of competetive bids in government procurement because it typically provides an open forum, offers more transparency to the decision making process and helps to keep politicians (or managers in this case) honest.

Linda

10:34 am on Monday, March 19, 2012

If the attorneys handling our affairs are moving, and keeping the cost the same, what's the problem? They are already up to speed on the cases and have our best interest in mind. I think the action makes sense. It's hard to say if the trustees could have been informed earlier if everything moved so quickly. It is important that they be in the know at all times.

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OakLawnGuy

10:48 am on Monday, March 19, 2012

The parallel behaviors between this Manager's reign and that of Mr. Faber are more numerous as time goes on. And remember, that was not a great time for us citizens.

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Michael Walsh

11:43 am on Monday, March 19, 2012

Wrong! Faber never made a major move pursuant to his power as Village Manager without discussing it with the mayor and trustees. Even opposition trustees were usually consulted. The manager serves at the pleasure of the mayor and the board. If a majority disagrees with his actions they can replace him.

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andy skoundrianos

1:01 pm on Monday, March 19, 2012

Never compare Deetjen with Faber I was around during the Faber reign and let's just say in simple terms he ruined the village!!!

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OakLawnGuy

3:08 pm on Monday, March 19, 2012

I guess I am referring more to the secrecy involved, the lack of transparency to the tax payers. Did Mr. Deetjen discuss this with any of the trustees? It's not implied in anything I've seen yet. He may serve at the pleasure of the Board, and they may have the power to replace him, but he's built political connections and I doubt the votes to remove him are there. I've said in the past on this forum that he's done some good things for the Village, I simply don't like the way they get done and I am convinced that not all were done without benefit to him personally. As for Andy's point about Faber "ruin(ing) the village", I withhold judgment until I see what they do with the Beatty /Permacor property and the 111th/Cicero lot.

Wendy

3:24 pm on Monday, March 19, 2012

You don't go out to bid for legal services, you solicit "Request for Proposals." The Village would receive informational packets from interested law firms that would like to represent the Village and whittle that batch down to a few as to how they would fit with the Village. The Village would only have to interview the best fit law firms from this RFP. Going out to bid and choosing the "low bidder" is NOT the way to find your legal representation!

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Dave W.

5:18 pm on Monday, March 19, 2012

Faber was the lead henchman for the VERY corrupt, old board. They set Oak Lawn back by maybe a dozen years in some regards. Deetjen is not near perfect, and he continues to make questionable decisions, either disregarding on purpose what he has done because he feels 'safe' or blindly doing dumb things and not learning from them. Either is bad, and the jury is still out on how the current board will pull the K-mart property and the lumber yard site plans out of the fire they themselves set. Nobody seems to really listen to the residents in this village, certainly not after an initial re-election. They all act like little warlords, fighting for 'their' own little spot of territiory, instead of working for the whole town's prosperity. That or their very own prosperity...which would put us right back to where the old board and mayor had us. what clamor is/was there for a new mall? A nine story office tower? "If you build it they will come" only works in the movies.

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OakLawnGuy

8:02 pm on Monday, March 19, 2012

Some do actually take residents' opinions to heart, and are interested in listening and heeding those words. Others are not, they feel they know what's best for Village business and if it runs over a few people, that's progress. I have my opinion as to who is who, others can formulate their own.

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andy skoundrianos

11:06 pm on Monday, March 19, 2012

Dave I couldn't agree with you more. I was never for any T.I.F.'s in the village. I don't believe in giving companies tax breaks to develop a property. I fought hard against the Brandt TIF back in 1995 I also didn't back the 111th st. TIF and many members who I consider friends on the board know that!!! I always believed any developmnet should only include sales tax generating businesses,not condos,office towers,bed marts,cell phone stores,etc. But once the village sells the property they have no control over it. I don't know what will happen with the lumber yard I truly believe it is just in the formative stages. I think public input will be heard unlike the Old Faber administration which rammed everything down our throats. We were allowed input for the 111th project it just didn't go my way!!! Mr. Deetjen was not even around for the 111th TIF project.The problem with Oak Lawn is most residents care only about their area.People who live in the center of town, don't care about 111th street,just as people that live by 111th don't care about the center of town. If the residents could only see that everything in the Village affects everyone and not just some small fifedom where they live.I don't know how that will be done...Hey Oak Lawn Guy I would love to meet you for a talk maybe at stacked you seem to know a lot about Oak Lawn and certainly have your own opinions ( we share some some not ) I give ya credit for being involved though I wish we had more like you..

Christie Jetta

6:06 pm on Monday, March 19, 2012

Not to change the subject, but it almost seems as if Phelan is hungover and irritated next to Carol. He may not realize that he comes through rather abusive.

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OakLawnGuy

8:03 pm on Monday, March 19, 2012

We've always said that, during the meetings, Mr. Phelan looks like he'd rather be anywhere else. But.....so would several others, I imagine. They just don't show it.

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Here's your ticket

11:51 am on Wednesday, March 21, 2012

He knows hes abusive b/c thats his true personality coming through.

Oak Lawn Gal

9:30 pm on Tuesday, March 20, 2012

Tom has looked more run down in the last two meetings. I wondered if he was ill.

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Dave W.

4:40 pm on Wednesday, March 21, 2012

Not for nothing, and I certainly don't know Tom Phelan aside from some cursory conversations after meetings, but he was the first one I ever spoke to who told me the town had met with developers who had an 'ala carte menu we could pick from' of stores. "They gave us a menu of stores and places we could put in there." Now, this was a few years back, when the first rumblings of eminent domain were beings made regarding the pancake place, then Harley-Davidson's, etc...things may have changed, but he was WAY too self-assured about it, to me. I remember wondering, "How can this guy know which stores will come here, JUST because the town 'allows' it?" At the time it wasn't so long after the old board of thieves and liars was mostly voted off. It instantly worried me anew.
If a mall is really a great solution, show the residents a LOT of research proving it. I don't want to hear of the success of developers in previous locations until they can prove the demographics work at THIS location. Same with whatever they decide to put at the lumber yard. We have WAY too much empty retail now to trust Mr. Groebe or whomever else Mr. Deetjen goes golfing with that the best and highest use of the properties will actually come to be. I'm from the center of town, I care about the whole town, because we are ALL neighbors. The mayor seems to get it, I'm not sure how many of the trustees do, or how consistently they remember that fact.
Instead of pitting areas against each other, work together!

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OakLawnGuy

8:15 pm on Wednesday, March 21, 2012

Mr. Phelan's contention regarding choice of stores may have been true at the time, but it was all tossed out the window shortly afterwards when the economy tanked. I'm not sure that in the years since the Board and Manager and whoever is supposed to search new business for the town has been real active in trying to find tenants for 111th. I've heard talk of plans, but that litigation likely got in the way. I'm hopeful that something good comes of it now, and that people in that district have their voices heard, but boy do I hate having the Village in the real estate business.

Dave W.

9:27 pm on Wednesday, March 21, 2012

OLG, I agree with all of that, especially the part about residents having their voices heard.
I do wonder why they are all fired up to move forward if they DON'T have a plan for likely tenants, though...that is just as troubling as them blindly believing in 'the menu'. I keep hearing people bemoaning the want/need for 'high end' stores...how high end can they want? We aren't Orland Park. Those stores are out there because the people make more money. The people don't make more money because the stores exist...there has to be a solid demographic call for such stores, and they can't be the ones already in the area malls. What is left that isn't alreasy at Chicago Ridge, Ford City, Evergreen Plaza (ghost town that it is), and Orland's shopping metroplex? CR is already always in a state of turnover, there are already vacancies at 95th and Cicero, which is probably running at ten times the drive by traffic as 111th, as well as on 95th heading west where they still haven't filled the debacle that was 'needed' when they tore down Cook School and Veli's et al. Could more be developed at that site? Sure. How much is the real question, and all I'm asking (not that you are debating this) is that we have better answers this time around than last time, when nobody cared what the residents thought or wanted, and we got more TIFs without businesses in the place of perhaps smaller, but at least established places that contributed to both the tax base and the community.

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tfihs

3:49 pm on Friday, March 23, 2012

Why 111th Street was not developed in 8 years has everything to do with demographics and buying into a marketing ploy. If it was developable, it would have been developed years ago in similar good economies (1988,1999,2002). Fact is you cannot develope across from a cemetery unless its marketing flowers (for graves), restaurants for funerals, bars for grief stricken people, and maybe a warehouse/union hall. A 4th grader could figure that out.

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Dave W.

5:07 pm on Saturday, March 24, 2012

tfihs,
I couldn't agree more...if there was such an outcry for that land (or the lumber yard, or the land that was Veli's etc. on 95th street), none of it would have needed TIFs or eminent domain threats. Oak Lawn missed the boat on a mall years ago when they could have had what became Chicago Ridge, and they have been kicking themselves ever since. There simply isn't a market for that much shopping at that location.
[I still vote for a small family-type styles amusement park like Playland was...not too far from the expressway, the cemetary won't complain about the noise, the local businesses would benefit from the traffic, it would help the tax base, there isn't another one close to here, AT ALL...it would produce jobs. Portions of it could be indoors, as others in the region are, so that it could retain some use year round...it has natural buffers so that it isn't right on top of the residential anymore than a mall would be. It would be a fun, family place for people to spend money IN Oak Lawn, instead of driving anywhere, everywhere ELSE. Kiddleland only closed because the offspring of the founders got greedy and a good offer for a prime piece of land. 111th and Cicero is NOT as prime. Look how long 79th and Harlem was a white elephant (and is STILL underutilized) with mostly vacant storefronts. They tore down Sheridan Drive-in for that, and it is also an arguably better location than K-mart.]
This is screaming to be a screw-up of mega proportions. I hope I'm wrong.

Joe Developmentalotis

2:56 pm on Sunday, April 1, 2012

You are wrong.
First, Nobody wants a park like Playland at the site.
Secondly, Nobody will develop any land without a TIF.
Thirdly, 79th and Harlem was prime land 25 years ago

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