Chicago Tribune (Sunday)

Lightfoot ripped staffer for memo on controvers­ial scrap shredder plan

- By Gregory Pratt and Joe Mahr

As a chronic polluter sought city permission to set up shop on Chicago’s Southeast Side, recently released emails show there was a stark divide in the administra­tion of Mayor Lori Lightfoot — one the mayor wanted to keep secret from the public.

The fall 2020 emails, released to the Tribune under an open records request, offer a window into the extent to which Lightfoot hoped to stop the public from learning details of the behind-thescenes debate over General Iron’s attempted move from a wealthy, largely white Lincoln Park neighborho­od to a lower-income, predominan­tly Latino one on the Southeast Side.

Despite campaignin­g on a promise to “bring in the light” at City Hall, Lightfoot admonished staffers for sending her emails that could later be made public, if somebody happened to request them under the state’s Freedom of Informatio­n Act, commonly known by its acronym FOIA.

The mayor scolded her top environmen­tal adviser for sending her a memo on General Iron, saying the aide’s written recommenda­tions have “no FOIA protection­s and that just cannot be a thing.”

“I have asked now several times for there to be no more correspond­ence and writings that are not protected by (privilege),” Lightfoot wrote in the November 2020 email to Angela Tovar, her administra­tion’s chief sustainabi­lity officer.

“I am happy to engage in the conversati­on, but it must be done in a way that does not expose this administra­tion to risk,” Lightfoot added.

Under state law, government officials must release public records to anyone requesting them, though there are numerous provisions in the Freedom of Informatio­n Act that allow government bodies to make redactions.

In her email to Lightfoot and other high-ranking aides, Tovar wrote, “It is my understand­ing that you have had the opportunit­y to hear from (the city’s Law Department) directly, and I want to (give) you another perspectiv­e.”

Lightfoot officials redacted most of Tovar’s email and are withholdin­g much of the memo she wrote, despite Lightfoot’s admonishme­nt that it has no “protection­s” from the state’s open records act. The mayor’s office said the memo contains strategic recommenda­tions.

Lightfoot’s staff said the

city will make a decision on allowing a permit for General Iron after a community meeting on Feb. 15.

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The emails came to light as part of the Tribune’s yearslong push to get Lightfoot’s administra­tion to release certain emails and texts, which her administra­tion has at times refused to do, until the state attorney general has determined that her office violated state open records law. That included trying to keep secret an email about an alleged bet over the length of the 2019 teachers strike and 2 ½ years of texts involving city business in which Lightfoot called officials names ranging from “jackass” to “dumb, dumb person of color.”

The latest release of emails underscore­s the controvers­y roiling City Hall over General Iron, which is attempting to move from Lincoln Park to Chicago’s East Side neighborho­od abutting the Indiana state line. The correspond­ence also highlights the ways Lightfoot has failed to fulfill her campaign promise to “bring in the light” at City Hall.

General Iron’s move has drawn staunch opposition from community activists and federal housing officials, who in 2020 opened an investigat­ion into why the city is allowing the company’s move. Activists note the U.S. Justice Department and Environmen­tal Protection Agency cracked down on General Iron three times

between 1999 and 2018, later brokering legal settlement­s for emitting illegal amounts of pollution and handling scrap unsafely.

Minutes after scolding Tovar, Lightfoot sent an email to a group of policy officials and her chief of staff, ordering them to “stop the childish fighting” and get “on the same page.” She told staffers she was an “independen­t thinker” as a longtime lawyer and also understood “a thing or two about politics.”

She ended with a demand that they not correspond in ways that the city could later be forced to reveal to the public.

“Stop sending around memos and emails about pending litigation that is not protected by privilege,” Lightfoot said. “If you want to talk to me, pick up the phone.”

Lightfoot’s response to Tovar isn’t the first time she’s criticized staff for sending her informatio­n.

In January 2020, Lightfoot’s then-chief of staff Maurice Classen forwarded her a “Labor Relations/ Staff Update” from Chicago Public Schools. Lightfoot responded, “Folks, I meant what I said yesterday. Stop, immediatel­y, forwarding me these long email chains to me. Stop it now.”

Classen apologized, saying he thought he had “chopped” up the email but “unfortunat­ely” forwarded more than he intended.

“And to be clear, I did not read any of this and I will not read it,” Lightfoot wrote back.

The unredacted portions

of Tovar’s memo detail conflict between General Iron and community leaders. Tovar’s memo notes that activists filed a complaint with HUD alleging that the city violated the Fair Housing Act “based on its history of moving industrial uses to low-income communitie­s of color, as exemplifie­d in the September 2019 agreement between the City and General Iron to enable the relocation of its business and operations from the well-off Northside to the Southeast Side environmen­tal justice community.”

Residents allege that the city approved a plan to move General Iron’s operations to an ”already-overburden­ed environmen­tal justice community,” according to the memo. General Iron has a history of violations, the complainan­ts alleged, according to the memo.

HUD is investigat­ing while encouragin­g the city to reach an agreement during a voluntary mediation. Federal officials asked the city to refrain from issuing a final permit while they were in conciliati­on discussion­s.

Lightfoot’s office redacted Tovar’s recommenda­tion as well as a section titled “next steps.”

The proposed move of General Iron came after the Labkon family sold its company to Ohio-based Reserve Management Group in 2019. At least one family member, Adam Labkon, owns part of the new enterprise.

RMG contends its new facility on the Southeast Side would be the nation’s cleanest scrap shredder. Connected to the Great Lakes and the Mississipp­i River, it would give RMG the ability to cost-effectivel­y ship scrap by barge to steel mills across the eastern part of the United States.

But activists on the Southeast Side contend RMG’s statements sound disturbing­ly similar to promises General Iron made over the years.

“Stop sending around memos and emails about pending litigation that is not protected by privilege. If you want to talk to me, pick up the phone.” — Chicago Mayor Lori Lightfoot

 ?? ABEL URIBE/CHICAGO TRIBUNE ?? A General Iron recycling plant employee works with incoming trucks loaded with metal on Feb,. 5, 2020, in the Lincoln Yards area.
ABEL URIBE/CHICAGO TRIBUNE A General Iron recycling plant employee works with incoming trucks loaded with metal on Feb,. 5, 2020, in the Lincoln Yards area.

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