city council cover memorandum - park ridge€¦ · city council cover memorandum meeting date:...

City CouncilCover Memorandum

Meeting Date: April 21, 2008

Approve Agreement for Legal Auditing and Investigation Services -Police Department with Ekl Williams

Item Title:

Action Reguested:

~000

ApprovalFor discussionFeedback requestedFor your information

Juliana A. Maller, City Manager Pro Tempore847/318-5206

[email protected]

Staff Contact:Phone Number:Email Address:

Background:At the March 17, 2008 City Council Meeting the City Council reviewed 5 proposals to conduct an auditof the Park Ridge Police Department. The City Council requested that the members of the Public SafetySub-Committee meet and provide a recommendation as to which fmn they thought was the best toperform the auditing services.

The sub-committee met on March 24, 2008 and is recommending the firm of Ekl Williams be hired.

On March 27, 2008 City Attorney Hill and City Manager Pro Tempore Maller met with Mr. Terry Ekl todiscuss the logistics of conducting an audit. At that meeting, Mr. Ekl relayed that he could begin theprocess right away and that he anticipated that the audit would take 90 days to complete. Mr. Ekl willattend the April 21, 2008 City Council meeting. A draft agreement will be sent under separate cover.

DRAFT

JOURNAL OF THE PROCEEDINGSOF THE SPECIAL PUBLIC SAFETY SUB-COMMITTEE MEETING OF

THE CITY OF PARK RIDGE505 BUTLER PLACE, PARK RIDGE, ILLINOIS

COUNCIL CHAMBERSMarch 24, 2008

CALLED TO ORDER BY Mayor Howard P. Frimarkat 6:00 p.m.

The following staff and elected officials were present at the meeting:Mayor Howard Frimark, Ald. Allegretti, Ald. Wsol, Ald. Bach and Juliana Maller, CityManager Pro-Tempore.

In addition, reporters Jennifer Johnson (Park Ridge Herald) and Craig Adams (ParkRidge Journal) were also present.

The sub-committee reviewed five proposals from firms to conduct an audit of the ParkRidge Police Department.

Ms. Maller relayed Attorney Hill's comments to the attendees stating that attorney I clientprivilege would apply to all interviews.

The Council members voiced their opinions regarding the following firms:

Jenner & BlockKROLLEklWiliiamsUngaretti & HarrisSonnenschein

The committee agreed the firm chosen needs to be thorough, professional andresponsive to the needs of the taxpayers in the community.

Recommendation: Consensus of the sub-committee was to recommend to the CityCouncil that the City should enter into an agreement with EklWilliams to provide legalauditing and investigative services of the Park Ridge Police Department.

The meeting adjourned at 6:45 p.m.

I

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E k lWilliams PLLC

! Attorneys and Coun~elo~ at law

March 12, 2008

Via facsimile and first-class mailRobert G. KaderabekPmchasing AgentCity of Park Ridge50S Butler PlacePark Ridge, n.. 60068-4182 . ow ,.. No.

00.$5.ttXJ

RE: Request for Proposal for Legal Auditing& Investigation Services

Writer'. Direct Dial N..(630) 654-1624

WRmR'J t"..wl Abo~~@£ktwIIlia;ns.com

Dear Mr. Kaderabek;

Thank you for the opportunity to submit a proposal to perform: the work as outlined in yourRequest for Proposal. I fully W1derstand the scope of the investigatjon, the objectives and the needfor a comprmensive report to the City of Park Ridge which will include detailed findings andrecommendations.

Based upon the scope ofwoxk to be pel'fomled it is my intention to staff this project asfollows: .

Terry A. Ekl ~ I would assume the role ofleadattomey and the persQnresponsible foraU aspects oftbe investigation. MycustomaryhourlybiUingrateis $350.00 per ho~.For this project 1 would reduce my rate to S275.00 as an accommodation to yourmunicipality.

D

I would employ either two or three of the associates of my film including, VmceMancini, Kevin Halverson and J effMacKay. All three of these attomeys are formerAssistant State's Attorneys with at least ten years of experience dealing with lawefJforccmmtrelated issues. The bil~rate for these associates is nonna1ly $210.00per hour and the government rate on this px-oj ect would be $190.00 per hour.

.

I would also use the private investigation fiml ofDelorto Mazzola & Associates Ltd.The principles in tbis film arc retired federal agents from the Bureau of Alcohol,Tobacco and FirCamtS. I have emp1oyed and worked \J.rith theDl for approximatelyten years on a vast variety of matters. They emp1oy approximately six additionalfoxmer federal agents. Their billiDg rate is S60.00 per hour. I would use theseinvestigators to 3$Sist in the intcrvjcws and in doing so would be able to reduce the

.

Ekl Williams PLLC Page 1 of 1

HOME SITE MAP DISCLAIMER ,108 OPPO~TUNITIE!

Our Firm'~jUf)! (,(ffisists of t\\,(-t\,(, pt'r-,()n~

ch[tSt~n t() dl~(:jdt': Whf~ htlS tht~ bctt('T lawyt~rAdvocacyCases

ClientsIll;!,,;.'" J-h~.1

Many clients we meet have needs that require representation in acourtroom. This is the heart of our practice - in fact. each of ourattorneys is seasoned in the art of litigation, many of them acquiringintensive experience as state or county prosecutors even beforejoining the firm.

Litigation is our Specialty.

Because of our collective and extensive experience in courtroomadvocacy before judges and juries, we offer you proven skills thatmaximize the opportunity for vindication of your rights. In both theCivil and Criminal arenas of litigation. where your dispute cannot beresolved without a hearing or trial, you know that our attorneys willprovide you with the best advocacy available.

Click here to see just a sample of the many successful results wehave achieved for our clients through our proven skills as triallawyers.

Ekl Williams PLLC Page 1 of2

OUf Firm

Advocaq

Cases

ClientsCriminal Cases:

Successfully exonerated a former Dupage County Assistant State'sAttorney of accusations that he conspired to fabricate a confession ofa convicted felon implicated in the abduction, rape and murder of an11 year old Naperville girl. S_E~A~T'~t,..E»

Successfully exonerated a local Chief of Police of accusations thathe conspired to allow gambling at a tavern in his municipality. SEEARTICLE »

Successfully expnerated a local Municipal Official of allegations thathe abused his step-daughter. ~~E ARJ'GlE»

Successfully exonerated a childcare worker of an accusation thatshe murdered a baby in her care. SEE ARTICLE »

Civil Cases:

Successfully obtained a judgment in a Federal Court for over$300,000.00 for a local municipal client from one of its formermunicipal officials for breaching the fiduciary duties of his municipaloffice; this is believed to be the highest ever judgment against amunicipal official for breach of fiduciary duty. $EEARTICLE»

Successfully recovered a multi-million dollar settlement for the familyof a woman killed by a police officer who fell asleep at the wheel ofhis squad car.

Successfully recovered a multi-million dollar settlement for hundredsof employees who worked in a local County Building who becamesick from toxins released in the building's air; at the time, this wasthe largest toxic tort settlement ever in Illinois. SEE ARTICLE »

Successfully recovered millions of dollars in settlements forindividuals and families injured in various accidents involvingautomobiles. premises, and job related activities.

Glic_khe_r~ to see just a sample of the clients whom we currentlyrepresent or have represented over the years.

http://www.cewpc.com/our firm/cases.html 1 O!30nOO7


Our Firm , -~ J~~1tlU)J{

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Advoc;K:V

Cases

Gents

Municipal' GovernmentalState of IllinoisIllinois House Republican Campaign CommitteeCity of ChicagoCounty of DuPageTown of CiceroVillage of Mount Prospect

Businesses I CorporationsCincinnati Insurance CompanyCrown RecyclingDowners Grove National BankEmerald Insurance CompanyGuidant CorporationLincoln PropertiesMidAmerica BankTeamsters' Local 330Waste Management

Our Firm I Attorneys I Areas of Practice I FAQ's I Directions I Contacts

C 2007 Ekl Williams PLLC. All Rights Reserved.

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Attorneys ,( ():'tT..~: ('lrnr'y~S

Partners

Terry A. Ekl

Patri~ J. Wiluams

Patrick L. Provenzale

Our legal team is virtually unmatched in experience andaggressiveness. As you can see from browsing our profiles, each ofus has a multidisciplinary approach to client representation. We takepride in our diverse experiences. and with our team approach, weprovide the client with a substantial resource of legal knowledge.When you retain Ekl Williams PLLC, you retain the expertise of eachattorney, and the experience of the whole firm.

AssodaresVincent C.. Mancini

Jeffrey S. MacKayKevin Halverson

Of Counsel

Stephen J. Connolly

Keith G. ChvaJ

0-"'[ fiffi) I A!t9_ITI_ey~ I N~_a$ QfP[e~ I fAO's I Directions I Contacts

02007 Ekl Williams PLLC. All Rights Reserved

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HOt1E SITE I1AP DISOL.AIMER .1o. O~PO~TUNITIE:

Attorneys

Partners

Terry A. Ekl

Patrick J. Williams

Patrick L. Prov~l1zale,- ~\:~ ~i

Associates

Vincent (. Mancini

Jeffrey S. MacKay

Kevin Halverson

Of Counsel

Stephen J. Connolly

Keith G. Chvaf

A founding partner of the firm, Terry heads our litigation practice, handlingboth civil and criminal cases. He started his legal career as an AssistantState's Attorney in Cook County in 1973, where he prosecuted hundreds ofmurder cases, taking that experience into the private practice of law in 1978.His expertise, honed over the past thirty years of trying all types of cases,recently culminated in Terry's inclusion in the American College of TrialLawyers, an elite group of distinguished and recognized litigators, comprisin~less than 1 % of the lawyers in Illinois.

Over the years, Terry's expertise has been recognized by the high profilecases that he has taken on. Here is a sampling of some of those cases:

. Representing the family of a young man killed in the tragic porchcollapse during the summer of 2003. S~~ ARTICLE.

. Freed a man wrongfully convicted of murder almost 10 years after hiswrongful conviction. .$~EA8TIGI:,,~.

. Exonerated a local Chief of Police of accusations that he conspired toallow gambling. $E~_ARJ.lCL~.

. Exonerated a child care w.orker falsely accused of murdering a child inher care. $E~ ARTICl..E.

. Exonerated a former prosecutor of accusations that he and six othercounty officials conspired to fabricate a confession of a convicted fetorimplicated in the abduction, rape and murder of an 11 year old girl.$E~A~TtCLE.

. Represented a local municipality during a Department of Justiceinvestigation into claims of racial profiling. $_E_EARJICLE.

. Recovered a multi-million dollar settlement for County courthouseworkers, including judges, prosecutors, public defenders, clerks andsheriffs, for injuries caused by "sick building" syndrome. SE~~RTIC.I,..E.

In addition to his recognized track record of success for his clients. Terry'sreputation has made him a leader among legal professionals. He is a Past

http://www.cewpc.com/attomeys/t_ekl.htmi 10/30/2007


President of the OuPage County Bar AssociatiOn, having been the head of it~Criminal Law Committee and the Chairman of its Judicial ScreeningCommittee. He also holds current membership on the Illinois Pattern JuryInstructions Committee, Criminal.

EducationJ.D" University of Illinois School of Law (1973)B.S., Northwestern University (Political Science) (1970)

AdmissionsIllinoisSupreme Court of IllinoisUnited States Supreme Court7th Circuit Court of AppealsUnited States District Court - Northern District of Illinois, including Trial BarUnited States District Court - Central District of Illinois

QurFJ':!D I A\tQ.I!L~$1 A~~_$of P~!:!tj~ I FA-Q'$I Directions I Contacts


http://www.cewpc.com/attomevS/t ekl.html 10/10nOO7

Ekl Williams PLLC Page of2

HOME SITE H~" DISCLAIMER ,J08 OP~ORTUNITIE

Attorneys

Partners

Teny A. Ekl

Patrj~ J. Williams

Patrick L. Pt'ovenzale P;.ttri<.:k \1\:' tliam~

Assodates

Vi.,cent C. Mancini

Jeffrey S. MacKay

Kevin Halvel-son

Of Counsel

Stephen J. Connolly

Keith G. Chval

A founding member and managing partner of the firm, Pat has devoted hispractice to specific areas of civil litigation for over 25 years. His practiceincludes bank and corporate transactional matters, UCC and regulatorylitigation, as well as all aspects of commercial, contract and real estatelitigation. Pat has represented individuals and companies in real estatecontract disputes, landlord/tenant and eviction matters, construction litigationcollections, mechanic's liens and mortgage foreclosure cases. One of thefirm's largest clients is a prominent Chicago area banking institution that Pathas represented in a wide range of civil litigation matters for virtually his entir.professional career. Pat also has extensive litigation experience in contestecprobate estate cases and will contests and has handled a wide rangeof family business disputes.

In handling our longest standing banking, corporate and business clients,Pat's experience and expertise has helped our clients recover losses theyhave sustained and protected them from suffering losses in matters theyfaced. Pat has been, and continues to be, a formidable ally for any businessor individual facing the threat of legal action, or one needing a seasoned leg~advocate to protect their rights and interests.

EducationJ.D., Loyola University of Chicago School of Law (1981)B.A., Magna Cum Laude, Phi Beta Kappa. University of Illinois - Champaign(1978)

AdmissionsIllinoisWisconsinSupreme Court of the United States7th Circuit Court of AppealsUnited States District Court - Northern District of Illinois- General and Trial Bar

United States Court of Military Appeals

http://www.cewpc.com/attomevs/p williams.html 10/30/2007--- -


AffiliationsDuPage County Bar AssociationIllinois State Bar Association

Our Firm I Attorneys I Areas of Practice I FAa's I Directions I Contacts

C 2007 Ekl Williams PLLC. All Rights Reserved


Attorneys

Partners

Terry A. Ekl

Patrick J. Wlltiams

Patrick l. Provenzale Patri(~k I~ Pr()v'(~nz.al.(~

Associates

Vil1cent C, Mancini

Jeffrey S. MacKay

Kevin KaiverSOJ1

Pat joined the firm in early 2000 after spending over 5 years in the DupageCounty State's Attorneys Office, where in his short career he successfullyprosecuted some of the most high profile criminals in the county's recenthistory. Notably, Pat was instrumental in obtaining the successful convictionand imprisonment of a serial rapist who terrorized the Village of Lombard inthe mid 1990's, and successfully tried and convicted a Glendale Heights marwho unsuccessfully tried to kill his estranged wife. and who later tried to hirehis juvenile son and other criminals to kill her while he was in custody.resulting in a 35 year prison sentence. Also during his career in the State'sAttorney's Office, Pat was one of a select few Certified Gang Crime Specialisprosecutors.

Of Counsel

Stephen J. Connolly

Keith G. Chval

Carrying over from his days in the prosecutor's office, Pat put his experienceas a litigator to practice representing clients on criminal and civil cases, wherhe has grown his reputation as a skilled and'savvy litigator. He continues tohandle highly complex and high profile civil cases, including Federal CivilRights cases, Trademark and Copyright cases, and federal Racketeering(RICO) claims. Notably, Pat recently defended officials of a local labor unionfrom a claim of racketeering activity, where he not only successfully obtaineda dismissal of all claims against the union and its board members, but alsoobtained a judgment for the union of almost $60,000.00 against the lawyerwho brought the case, successfully convincing the federal judge that theopposing rawyer had engaged in sanctionable conduct.

In addition to his trial experience, Pat has extensive appellate advocacyexperiences, as well, where he has successfully presented oral argumentsbefore the Illinois Appellate Court and Illinois Supreme Court, and hasappeared before the 7th Federal Circuit Court of Appeals.

Pat has been a full partner in the firm since early 2006.

EducationJ.D., DePaul University College of Law (1994)

http://www.cewpc.corn/attomeys/p-Pfovenzale.html 10/30/2007


B.A., Boston College (English and Philosophy) (1991)Phi Sigma Tau (National Philosophical Honor Society) (1991)

AdmissionsIllinoisIllinois Supreme Court7th Circuit Court of AppealsUnited States District Court - Northern District of IllinoisUnited States District Court - Central District of IllinoisUnited States District Court - Eastern District of Wisconsin

AffiliationsDuPage County Bar AssociationIllinois State Bar AssociationIllinois Trial lawyers' AssociationAmerican Academy of Justice

QY!FinJ! I ~l19meY$1 &ea~QtPrac:ti~ I fAq! I Directions I Contacts


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HOME SiTE ~ ,)08 OP~ORTUNITIE:

\r ,..~a..;;At:"

Civil Litigation(State & Federal Court)

. Contract Disputes I Commercial Transactions

. Employment Contract Litigation

. Bank Transactions I UCC Litigation I Mortgage ForeclosureActions

. Federal and State Civil Rights I RICO Litigation

. Accidental Death or Injury I Tort Litigation

. Real Estate Transactions

. Landlord I Tenant Litigation

. Eminent Domain I Condemnation

. Wills & Probate

. Business Account Collections

Criminal Defense Litigation

. Feloni~s

. Misdemeanors

. DUll Traffic

. Domestic Violence I Orders of Protection

. Juvenile Delinquency I Abuse I Neglect

Administrative Law

. School Board Hearings

. DCFS Proceedings

Secretary of State Hearings

Our Firm I Attorneys I Areas of Practice I FAa's I Directions I Contacts

e 2007 Ekl Williams PLLC. All Rights Reserved.

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CURRICULUM VITAETERRY A. EKL, ESQUIRE

Hinsdale Central High School, Hinsdale, Illinois.EDUCATIONAL HISTORY

Northwestern University, Evanston, illinois.DEGREE: Political Science, 1970

University of Illinois, Champaign-Urbana, IllinoisDEGREE: Juris Doctor, 1973

COLLEGE AwARDS AND HONORSAll-Big Ten Academic Football Team, 1968 through 1969President Delta Upsilon Fraternity

LEGAL EXPERIENCE

ADMlTl'ED TO PRACOCE State of IllinoisSupreme Court of Illinois, 1973Federal District Court, Northern District oflllinois 1973Federal Trial Bar, Norther District oflllinois, 1983United States Supreme Court, 1987Federal District Court, Central District, 2006Federal District Court, Eastern District of Wisconsin, 2007

1973 through 1977 Assistant State's Attorney's Office, Cook County, Illinois.Felony Trial Division

1978 through 1988 Partner, Connolly & Ekl, P .C.115 West 55th Street, Suite 400Clarendon Hills, Illinois 60514

1988 to 2006 Partner, Connolly, Ekl & Williams, P.C115 West 55th Street, Suite 400Clarendon Hills, lllinois 60514

Partner, EklWilliams PUC115 W. 55d1 Street, Suite 400Clarendon Hills, Illinois 60514

2006 to present

TYPE OF PRACTICE: General Trial Practice, Trial and

Attorneys and Counselors at Law115 W. 55111 St., Clarendon Hills, Illinois 60514Direct Dial (630) 654-1624website: WWW .eklwilliarns. come-~: [email protected]

Appellate Litigation in State and Federal Court. Tried inexcess of 100 jury trials and 1000 bench trials both criminaland civil cases.

SPECIAL AREAS OF PRACTICE:One of seven attorneys appointed as Special State'sAttorney to represent fonner DuPage County State'sAttorney and DuPage County Sheriff's Police Officers inthe DuPage Seven. A jury verdict was reached and thedefendants were acquitted of all charges filed against them.People v. Knight, Circuit Court Number 96 CF 2589.

Special Assistant State's Attorney in DuPage County torepresent DuPage County in the Federal civil rightslitigation filed in connection with the ]eanine Nicaricomurder case.

Representation of the Chief of Police ofMt. Prospect andthe Village ofMt Prospect in connection with allegationsof racial profiling. This representation included the defenseof the underlying claims filed in Federal Court, an internalinvestigation into the alleged pattern of racial profiling ofmotorists by Mt Prospect police officers, defense of a classaction law suit and an investigation conducted by theDepartment of Justice into the allegations of racialprofiling.

1983 hired as a Special Assistant State's Attorney for CookCounty to conduct an investigation into allegations ofmisconduct in the Cook County Medical Examiner'sOffice.

Current representation of various plaintiffs against theChicago Police Department alleging violations of theFederal Civil Rights Act.

Representation of House Minority Leader Lee Daniels andthe House Rcpublicans in the 2000 Redistricting whichincluded trial before a three judge panel and appeals filedbefore the Illinois Supreme Court.

Representation of municipalities and/or employees inFederal Civil Rights litigation including the following:

Village ofMt. ProspectCity of ChicagoTown of CiceroCity of St. Charles

2

County ofDuPage

Chemical and toxic tort litigation matters. Lead attorneyin the matter filed on behalf of the employees of theDuPage County Courthouse, entitled Bostick, et al. v.Hellmuth, Obata & Kassumbaum, Inc., et al., CircuitCourt Number 92 L 1695.

In excess of 1000 criminal felony and misdemeanor trials instate and federal court.

Representation of West em DuPage Recycling and TransferStation application for siting in DuPage County, lllinois

PROFESSIONAL AssOCIA nONS: 2006 Inductee as a Fellow of the American College of TrialLawyers

Committee member of the Illinois Supreme Court lliinoisPattern Jury Instruction (CriminallP1) from 2003 topresent.

DuPage County Bar Association:. President of DuPage County Bar Association,

1996-1997.

Chaimlan Criminal Law Committee 1992

2nd Vice President DuPage County BarAssociationt 1995-1996.

Chairman of the Judiciary Committee, 1997-1999

Member Judiciary Committee 1994-96

Chicago Bar Association Defense of Indigent PrisonersCommittee 1982-84

POLITICAL INVOLVEMENT Campaign Manager for Joseph Birkett, elected DuPageCounty State's Attorney in 1996

Chainnan, Campaign Committee for Robert Schillerstromelected County Board Chainnan ofDuPage County in 1998

Finance Chaimlan for Justice Robert Thomas 1992 whenhe was elected to the 2nd District Appellate Court

Committee to Elect Judge Robert Bryne for Circuit CourtJudge 1990

3

Finance Chainnan for Judge John Elsner for Circuit CourtJudge 1996

COMMUNITY ACTIVmES President, DuPage Bar Foundation, 1997-1998

Chairman, DuPage Family Fun Days to Benefit SpecialOlympic Athletes, 1996 - 1998

Vice President of the West Suburban Foundation forDisabled Veterans, 2005 to present.

Volunteer football coach at Wheaton- W arrenville SouthHigh School, 2004 to present.

MILITARY EDUCATION United States Marine Corp. Reserve, 1969 through 1973.First Lieutenant

Honorable Discharge in 1973

LITIGATION EXPERIENCE A list of cases handled available upon request.

4

IaJOO%04/14/2008 1%:37 FAX 6304078001 DUPAGE cry ST. AnY

OFFICE OF THE STATE'S ATTORNEYDuPAGB CoUNTY, lUJNOJS

JOSEPH E. BIRKETfSTATE'S ATroRNEY

SO3 N. COUNrY FAmIl: ROAIWHEATON,;II.l..INOIS 00187

(630)o4O7-8CXMJ(630)'407-~ (roD)

(630) 4O7-8l71'FAX (GJMINA :'(630) 4O7-8:N>1 PAX (CI'\'n.)

(630) 407-8006 FAX (CHn.]) SUPP IRTfCOMJ)~JN1 :)

V1~ f1~CSIMIL6 (847) 318-19~O

April 14,2008

Ms. Julianna MallerActing City ManagerCity of Park Ridge

Dear Ms. Maller:

It has come to my attention that Terry Ek1 and his law firm are underconsidc~don for retention by your municipality to conduct an investigation. Terry andIhe members of his fiml have my highest recommendation. Several ofTerry's associates,as well as Terry himself. have extensive investigative experience in both the public sect.)!and the private sector. I have personally consulted Terry on a number ofhighIy sensitivematters. Terry has my Iltmost confidence and respect.

It has also come to my attention that an issue was raised regarding a blog site inwhich Terry Ekl's ex-wife and other parties spew spurious and hateful accusations aboutTeny. I can tell you that I am personally familiar with Terry and his ex-wife. H~ hasbeen a wonderful father to all 3 of his children. The accusations are false and shou1d playno role in the decision to select Terry or his fifDl to work on your city's beha.1f.

Should you have any additional questionS, do not hesitate to call me at (630) 407-8165 or you can reach me on my cell phone (630) 209-9147.

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