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UPDATE: Lawsuit may reveal reason for Pavlicek termination


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By Catherine Leyden, cleyden@mysuburbanlife.com
Downers Grove Reporter

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Downers Grove, IL -

The reason former Downers Grove village manager Cara Pavlicek was fired in May might come to light after she filed a lawsuit against the village seeking a jury trial and nearly $150,000 in severance, health insurance and vacation days she said she’s owed.

The lawsuit, filed Sept. 2 in DuPage County court by Pavlicek’s attorney Steven Hartmann, alleges the village breached the terms of Pavlicek’s contract and also violated the Illinois Wage Payment and Collection Act.

“She worked very hard,” Hartmann said. “She was very committed to her position. At the time we reach trial, she will be able to detail her actions. There was no cause for termination.”

Pavlicek declined to comment Tuesday on the lawsuit. The reasons behind Pavlicek’s termination and her job performance were discussed by the Village Council on several occasions in closed executive session and not released to the public, citing privacy concerns.

Hartmann declined to comment on why Pavlicek was fired, but said he and Pavlicek have refuted all the claims made against her.

“It’s extensive. There was a lot to it,” Hartmann said.

A news release issued Monday by Doug Kozlowski, village spokesman, said the “context” of those reasons may come out in the course of a trial.

“In that regard, the village reiterates that Ms. Pavlicek’s employment was terminated for cause, pursuant to and as defined in her employment agreement. This means she was entitled to no severance payment,” according to the release.

Pavlicek began as Downers Grove village manager in November 2005. Before being fired May 20, Pavlicek was placed on administrative leave April 22.

During her tenure, Pavlicek helped oversee the Acadia on the Green downtown development, Belmont Road vehicular underpass and Fire Station No. 2 projects, develop a plan to address storm-water flooding in the village and finalize new construction rules for developers.

Mayor Ron Sandack said the Village Council stands by its decision to fire Pavlicek.

“We just got the lawsuit; the village was just served,” Sandack said Friday. “We have it in the hands of our capable attorneys. We feel confident we had grounds under the contract to make the decision we made.”

The lawsuit claims that in 2007 Pavlicek was given a “positive performance review,” and a 4 percent increase in her wages, making her salary $146,390.

 

Official response from the village of Downers Grove:

The Village of Downers Grove has received Cara Pavlicek's lawsuit challenging the propriety
of the May 20, 2008 termination of her employment as Downers Grove's former Village Manager.

The Village regrets Ms. Pavlicek's decision to publicly contest the basis for her termination, but
acknowledges that our legal system affords her the ability to do so. To be sure, however, the Village believes that Ms. Pavlicek’s accusations are without merit and intends to vigorously defend the claims asserted against it in this matter.

In the course of defending itself, the Village may have the opportunity to provide the public
with some context about the circumstances surrounding Ms. Pavlicek's discharge. In that regard, the Village reiterates that Ms. Pavlicek’s employment was terminated for cause, pursuant to and as defined in her employment agreement. This means she was entitled to no severance payment.

Consistent with the terms of that contract, the Village Council had provided Ms. Pavlicek with prior written notice of the specific grounds for termination and afforded her a chance to respond and to be heard. The Village Council reviewed and considered all the information supporting the grounds for her termination, as well as any comments and information that Ms. Pavlicek chose to share with the Village Council on those points. After a hearing at which Ms. Pavlicek and her attorney both attended, it was unanimously determined by the Village Council that there were ample grounds to terminate her employment for cause, and without any severance payment, for failure to comply with provisions of the employment agreement and the Village’s municipal code.

The Village is deeply disappointed that its efforts to reasonably resolve this dispute with former Village Manager Cara Pavlicek were unsuccessful, and that Ms. Pavlicek chose to initiate
litigation. However, the Village stands firm in its positions and denies that Ms. Pavlicek is entitled to any further compensation under her employment agreement, or otherwise.

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