In response to a Cook County judge’s dismissal of a lawsuit brought against Clerk Nyota Figgs in 2021, Calumet City is requesting another judge either reverse the decision or grant it a new trial.
The lawsuit claiming Figgs illegally shredded records shortly after Calumet City Mayor Thaddeus Jones first entered office was thrown out last month when Judge Joel Chupack found the city’s case “woefully insufficient.”
Jones and Figgs independently won reelection to their seats this year in a race characterized by political divisions and personal attacks.
Calumet City requested the judge hearing a separate lawsuit overrule Chupack’s verdict or grant a new trial, after Chupack denied a city request for extra time to file posttrial motions on Aug. 20. The city also filed a motion asking to enforce a settlement it says was reached with Figgs before Chupack ruled.
“If the court says ‘I’m not going to enforce the settlement for this reason or that reason,’ then we have those posttrial motions to refer to,” Calumet City attorney Robert Hoban said Tuesday.
Figgs denied reaching as agreement with the city, but said before Chupack ruled the two parties discussed a possible settlement that applied to the document destruction lawsuit as well as Figgs’ own lawsuit brought against the city and Jones.
The city’s request that the court throw out Chupack’s ruling argued the evidence presented throughout the duration of the trial supported the city’s position that Figgs lacked authority to shred documents, the city did not approve of the shred and the clerk intended to destroy the documents without Jones’ approval.
“The clerk’s decision to destroy the records despite previous admonitions to not do so during the audit, in combination with the destruction of documents outside the permitted and approved disposal date, evidences the persistent attempts by the Clerk to destroy public records absent authority,” the motion stated.
The city also claimed the judge’s verdict left open a debate “as to whether the clerk can destroy records while an audit is ongoing.”
Chupack denied all of the city’s requests, which included a declaration that Figgs lacked “independent authority” to destroy public records and the authority to interfere with financial audits. The judge also would not issue an order to prevent Figgs from disposing of records in the future or cover damages for destroying a security camera that was placed in Figgs’ office.
Chupack’s ruling stated the city failed to provide evidence to support claims that Figgs interfered with a city audit or was wrong in cutting the cable to the camera in her office.
He also terminated a preliminary injunction order entered in November 2021 that required a court order for Figgs to destroy more city records. The trial in the case was held intermittently, with Figgs testifying in May and closing arguments made last month.
Nyota Figgs, city clerk of Calumet City, stands across the street from the municipal center, 204 Pulaski Road, Calumet City, July 28, 2021. (Ted Slowik/Daily Southtown)
James Kelly, an attorney representing Figgs, said he expects the court will hold that Chupack’s ruling should stand.
After Chupack’s verdict was filed, Jones sent out a news release that failed to mention the judge’s dismissal of the records destruction case and claimed a settlement agreement reached with Figgs barred the clerk from destroying any documents without Jones’ approval and required her cooperation with any audits.
“While her function is administrative in nature, it is imperative that the clerk act as a crucial connection and means of communication between the city government and its inhabitants,” Jones said.
“My only expectation of the Clerk is to ensure effective and efficient management of city information, providing a transparent and oriented administration,” he said. “The last four years was anything but the fulfilment of those expectations.”
ostevens@chicagotribune.com
