State AG: Council violated open meetings law
Mayor, members held private calls early in pandemic
Chicago’s City Council violated the state’s open meetings lawwhen it held a series of conference calls with Mayor Lori Lightfoot during the early days of the coronavirus pandemic, the Illinois attorney general’s office ruled.
Under state law, governmental bodies aren’t generally allowedto meet without giving the public notice and access. Chicago mayors historically have maneuvered around this rule by briefing small groups of aldermen rather than bringing all 50 members of the City Council together.
But in the early days of the pandemic, Lightfoot held a series of large private meetings with aldermen. In May, journalism nonprofit ProPublica Illinois filed a complaintwith the attorney general alleging that the meetings violated state law.
In its response to the attorney general, the city acknowledged hosting conference call meetings on March 26, March 30 and April 6 with enough members to meet quorum, though Lightfoot’s Law Department denied violating the law.
Lightfoot officials argued that the meetings were
“briefings” during which aldermendid not deliberateon any matters and the discussion was not “public business” as defined by state law.
The city said aldermen “participated in the calls as community representatives, not as legislators.” But in a ruling earlier this month, the attorney general disagreed that the city had followed the law.
“If there were a distinction between members of the Council gathering as ‘community representatives’ rather than as legislators, it would be a distinction without a difference — aldermen represent their constituents in the community by virtue of their positions as elected members of the Council, which is a legislative body,” the ruling said.
Asked about the ruling, the Law Department released a statement: “Consistent with our view that the City acted properly in these instances, and with due regard for the recent PAC determination and applicable law, the City will continue to take action as needed to preserve public safety on a case-by-case basis.”
The city also is facing a lawsuit fromthe BetterGovernment Association over alleged Open Meetings Act violations on other occasions, including a contentious call during which Lightfoot exchanged profanities with a frequent critic.
During the height of civil unrest in Chicago neighborhoods following theMinneapolis police killing of George Floyd, Lightfoot hosted a call with all 50 aldermen that devolved after Southwest Side Ald. Raymond Lopez, 15th, complained about what he said was an inadequate response by the city to looting.
When Lopez finished his comments, Lightfoot tried tomove on without answering him and Lopez insisted that she address his questions.
“I think you’re 100% full of s—, is what I think,” Lightfoot responded.
Lopez replied, “Well, f— you then.”
Asked later whether she regrets “using such colorful language,” Lightfoot said the entirety of the conversation went for an hour and a half.
She added that during “tough and difficult times, we ought to be able to have candid conversations.”
“There are a lot of incredible emotions that were shared on that call by fellow aldermen. Now all of them don’t feel secure or safe coming together with their colleagues because of one individual who decided to illegally tape a conversation that was intended to be a private conversation among all of us,” Lightfoot said.