Burr Ridge-Area Agency's Agreements Ban Criticism

BURR RIDGE, IL — The sewer agency that serves all or parts of Burr Ridge, Hinsdale, Elmhurst and Darien is requiring that three laid-off employees refrain from criticizing the agency as part of their separation agreements. The Burr Ridge-based Flagg Creek Water Reclamation District let go the three last month in apparent violation of the state's open meetings law.

In return for $5,000 in severance pay, the employees were barred from criticizing, denigrating or disparaging the sewer district through any medium, including social media platforms. The district has called the severance packages "generous."

The non-disparagement clause, however, does not work both ways. The district can disparage the workers, and at least one official's public comment could be seen as criticism. When Patch asked the district's executive director, James Liubicich, earlier this month why officials called police to stand by while the employees were laid off, he said supervisors had concerns "that the individuals involved had violent tendencies."

The laid-off workers also were required to keep the terms of the separation agreement confidential. Because the document is subject to the state's public records law, the district is required to make it available upon request, which is how Patch obtained it.

If the laid-off employees are asked about the terms of the agreement, they can only say that their departure from the district was on an "amicable basis," the agreement says.

In previous interviews, agency officials have said they laid off the three employees because of budgetary reasons, with revenue falling and mandated spending increasing. However, the agreement bans the former employees from seeking employment again at the agency, even if its financial situation improves. If the employees do apply for work at the agency, their applications can be rejected without any liability, according to the agreement.

Asked about the provisions barring criticism, requiring confidentiality and banning reemployment, Herbert Stade, the district board's president, said the document was prepared by the agency's attorney.

"This is what the legal counsel advised us. We don't question their legal acumen. We take the legal counsel's advice. That's their stock-in-trade," Stade said in an interview Thursday.

At the board's April 10 meeting, members voted unanimously to lay off the three employees — the IT manager, the fleet manager, and a building and grounds maintenance mechanic. State law requires government bodies to give the "general subject matter" of what they're voting on before their meetings. But the board failed to do that.

Despite the lack of notice to the public, Burr Ridge police officers were on hand within an hour after the meeting to stand by as the three employees were laid off. No problems occurred.

Edgar Pal, a DuPage County resident who serves as citizen watchdog, has filed a complaint with the Illinois attorney general's office about the apparent open meetings violation.

In his interview, Stade said the district's attorney plans to respond to the complaint by Tuesday.

"We're working on it diligently," Stade said. "We certainly want to be open and transparent. We haven't had anything like this come up in years. We have always tried to do the right thing."

As for the open meetings issue, he said the district may have made an "unintended error someplace" and that "maybe we should be more careful."

In Illinois, members of public boards must take Open Meetings Act training.

Asked why the employees cannot reapply if their layoffs were for budgetary reasons, Stade said, "I don't have an answer for that particular question."

Board members Barb McGoldrick and Thomas Walsh could not be reached for comment. Board members, who meet monthly, make $17,250 a year, far more than many local elected officials in the area.

Read more about the issues involving the Flagg Creek layoffs:

Area Sewer Agency Secretive On Layoffs
Did Area Sewer Agency Break State Law?
Area Sewer Agency Subject Of Complaint