Evanston City Council found in violation of Open Meetings Act

The Evanston City Council was found in violation of the Illinois Open Meetings Act for approving a contract as part of the temporary relocation of city administration operations while in closed session.

According to a March 1 release from the Illinois Office of the Attorney General, City Manager Luke Stowe signed an exclusive representation agreement on Oct. 17, 2023, with real estate company Jones Lang LaSalle Midwest LLC to allow the company to represent the city in a search for locations to house city administration while decisions are made about the viability of the Morton Civic Center. The contract also outlines compensation to the company, 6% of gross sale proceeds, if the Civic Center is sold.

The signing came a day after the Oct. 16 City Council meeting where no final vote was held in open session regarding the pact with the real estate company.

The city stated in a March 4 news release that it disagrees with the state’s binding opinion, saying Evanston remains “abundantly committed” to complying with the state’s Open Meetings Act and will place the agreement on the March 11 City Council meeting for a vote in open session. The news release stated because council has  already voted on the lease itself, the vote for the contract with JLL will not prevent the city from moving operations.

The news release also states if the city revealed itself as the potential tenant at 909 Davis Street, there would have been opportunities for price gouging.

“The JLL agreement was executed at no cost to the taxpayers. Maintaining confidentiality in the marketplace was paramount to negotiating the best terms for Evanston community members,” read the news release.

The move has caused division with some residents and council members calling the $37.4 million price tag for the 15-year lease of 909 Davis Street in downtown Evanston too expensive. The 52,955-square-foot office space is less than half the size of the Civic Center as well.

Councilmember Clare Kelly opposed the move, voting to repeal the previously approved lease during the Feb. 22 special city council meeting. She, along with councilmembers Devon Reid and Thomas Suffredin, called the meeting to discuss the lease. All three voted to repeal the lease, repeating the 6-3 vote held during the Jan. 22 meeting, and the agreement was upheld.

Reid walked out of the Oct. 16 closed session, later telling Pioneer Press he didn’t want to be part of “actions that have been identified as unlawful and, crucially, as breaches of trust with our community.”

Kelly called the decision to vacate the Civic Center rushed and premature, arguing the money could be used to renovate the building into a more suitable home for city administration. She said the city council owes residents a transparent process on the future of the Civic Center.

Kelly praised Mary Rosinski, the Evanston resident who filed the request for review to the Illinois Office of the Attorney General.

“If there’s anything right now that’s going to move this city toward more transparency and accountability, it’s the commitment and hard work of Evanston residents who care deeply about this town and make time to work for a better Evanston,” Kelly said.

Those in favor of the move argue its central location and proximity to public transit are positive steps. City staff said the move will help bolster the city’s downtown which has struggled in the wake of the COVID-19 pandemic.

City Engineer Lara Biggs told council during its Jan. 22 meeting the move is necessary to ensure the safety of staff and community members. While there have been renovations and repairs done with staff still on site, Biggs said these won’t reduce the cost of future necessary work.

The lease has a seven-year opt out clause allowing the city to leave if decisions are made on the Civic Center’s viability. Operations are expected to be moved to Davis Street in July.

The Morton Civic Center previously served as a girls Catholic school and was named after Lorraine H. Morton in 2009, the city’s first Black mayor who was also the city’s first Democratic and longest serving mayor. Morton also previously represented the city’s 5th Ward and served as a teacher in multiple Evanston/Skokie School District 65 schools.

Kelly said she was “disgusted” by the city’s response, saying it makes it appear as if the city has learned nothing from the issue and would likely violate the OMA again.

“It’s worth noting in the Oct. 16 executive meeting and at subsequent council meetings, at least two council members (who represent the city) warned the city council, the interim corporate counsel and city manager that the discussion and the action was a violation of OMA,” Kelly said.

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