Activists to File Lawsuit Against Chicago Housing Authority Over Alleged Open Meetings Act Violation in CEO Selection

In Chicago, a coalition of activists is preparing to take legal action against the Chicago Housing Authority (CHA) over the recent selection process for a new Chief Executive Officer, a move that has also drawn criticism from Mayor Brandon Johnson. The mayor has expressed his intention to oppose the board’s decision.

The impending lawsuit accuses the CHA of bypassing transparency norms, a concern that Mayor Johnson echoes. While he supports the lawsuit aimed at ensuring openness, the mayor has not disclosed specific measures the city might employ to delay the new CEO’s commencement later this month.

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On Tuesday morning, activists gathered outside the CHA headquarters to declare their intent to sue the agency, accusing it of breaching the Open Meetings Act. This legal challenge targets the board’s recent appointment of Keith Pettigrew as CEO.

“The public was neither adequately informed nor properly notified about this decision. We suspect these actions were deliberately concealed,” asserted Rod Wilson from the Lugenia Burns Hope Center.

The activists highlight that the agenda for the March 17 meeting failed to clearly indicate any hiring decision. Instead, the agenda emerging from a closed session vaguely referenced “Approval of Personnel Actions.”

In response to the controversial vote, Mayor Johnson recently reduced Matthew Brewer’s responsibilities from board chairman, though Brewer retains his position as operating chairman. Brewer has defended the hiring process as routine for personnel decisions, noting that Pettigrew’s appointment was approved with a seven-to-two majority vote.

“I am a lawyer. I take process and rules seriously. I respect that, and what we did is consistent with what we have done. When I became operating chairman, it was listed on the agenda as a personnel item,” Brewer said.

The mayor has been pushing for his political ally, former Ald. Walter Burnett, to be hired as CEO. But the board deemed him unqualified.

“This is not just about one individual. Let’s keep in mind this is about some real, significant, serious concerns about the irregularities that occurred,” Johnson said.

Johnson says he never personally met Pettigrew. But the CHA says members of Johnson’s administration did interview Pettigrew and another unnamed finalist for the job. The mayor contends that there needs to be more transparency in the hiring process.

“It’s my responsibility to find a pathway forward to course correct. The best way in which we can maintain the trust of the people of this city is to make sure that all of our government entities have an open and transparent process that did not occur in this instance,” Johnson said.

Under the Open Meetings Act, the board is allowed to be vague about personnel matters. The law requires a general description for the subject matter to be discussed during closed session but does not require naming the employee or giving details. But the mayor and the community activists are challenging that.

Former Chair Brewer’s public characterizations distort his involvement in the process while contradicting his prior actions.

Johnson’s office issued a statement, saying, “The Mayor did meet with three finalists, but Keith Pettigrew was not one of them. Walter Burnett had earned enough support to be confirmed, leading Brewer to call a special meeting and begin negotiating a contract agreement with Burnett.

After HUD’s local office requested a delay of the vote, Brewer continued to work with the administration to pursue standard waivers for Burnett’s appointment. Brewer never expressed to the administration or the public any negative perceptions of Burnett or the process, only secretly submitting a letter to HUD which contradicted his formal effort to secure the waiver.

Brewer was required to conduct Board business within the legal bounds of the Open Meetings Act and other laws while adhering to ethical obligations which ensure business is carried out transparently and in accordance with the public interest. Ultimately, he failed to do so.”