rule 49 the Sergeant at Arms sets forth the following rules
of conduct.
Good morning, everybody. Happy Monday.
The committee on finance is called to order.
We will now have a roll call to establish quorum.
Vice chair Conway
alderman laspata
Alderman Hopkins
Alderman Mitchell
Alderman Harris
Alderman Beal
Alderman Lee
Alderman Ramirez
Alderman Quinn
Alderman Lopez
Alderman Moore
Alderman Curtis
Alderman OSHA
Alderman Rodriguez
Alderman Scott
Alderman CEO Lopez
Alderman Ervin
Alderman Talia Farrell
Alderman Cardona
alderman waguespack
Alderman Rodriguez Sanchez
Alderman mitts
Alderman spaz
Alderman Vasquez
Alderman Reilly
alderman kutson
Alderman Martin
Alderman Silverstein
chair dowel is here.
We have uh, 17 present in the chamber. We do have a quorum.
Alderman viegas Alderman Taylor Alderman Ramirez Rosa
Bernett Mosley and Hall have requested to remotely
participate at today's meeting for reasons stated under the
provision of rule 59. Can I have a motion to allow these
almond to attend the meeting by remote means
so moved by Alderman Lee
all those in favor of the motion signify by saying I post
and the opinion of the chair of the eyes have it and the
motion carries. I'd like to confirm alderman viegas.
present
Alderman Taylor
Alderman Ramirez Rosa
Alderman brunette I got you Alderman Ramirez Rosa Alderman
brunette.
Alderman Mosley
Alderman Hall
At this time, we will begin the public comment period the
public comment period will be limited to 30 minutes out of
respect for everyone's Time Each speaker is limited to 3
minutes.
Um, we do not have anyone that's requested to Res to speak
remotely. So we will begin with uh, Teresa TJ Hughes
Good morning, Madam chair, good morning. And uh Alderman,
my name is Teresa TJ Hughes and I am here on behalf of
advocating for black contractors women, uh and men and also
for small businesses.
I am caused today to um ask in regards to a hundred million
dollar.
Uh contract that was supposedly allegedly, uh, given to the
city for Street work underground pipe work and whatever 500
million and out of that only 9 million was assigned to
Black contractors. So I would like to post to the chair.
And to the ottoman that are here what the heck is going on?
We need to first of all get rid of Eileen Velasquez. I've
been saying that for like, I don't know how long I've been
coming up in here because she is the procurement Chief
procurement officer and is her duty to be right by the
people the people are not just Hispanics, you know, we have
Asian people we have black people we have uh other kind of
people but right now my my main concern is about my people
And we have been here forever. You know, they built this
country on the backs of our ancestors and we just want to
fair share. So the the 2% I'm addressing that to the black
Alderman here. Why are you a not checking Miss Eileen on
her numbers? Why are you not going to her saying this has
got to stop. So if it can't stop we need to get rid of you.
So I think that you've had plenty of time to call her in
where is she? They say she's gone, but she's not gone.
She's actually on paid.
Administrative leave being paid by the city taxpayers and
she's still working from home as if she's in the office.
They need to cut her off.
Take her keys. Boot kick her out of this on on lale street
so that everybody can know that the city of Chicago does
not allow people to mistreat its citizens.
That was my comment today. Thank you very much. Miss Madam
chair. Thank you. I'd like to acknowledge. We've been
joined by Alderman Ervin and Alderman Vasquez, and we'll be
counted towards Quorum. Our next speaker is Mark Hiller.
My name is Mark her.
I'm an advocate for parks.
Parks create community
Parks enrich the health spirit and knowledge of kids
through seniors.
What city fee has not changed in 26 years just 1.
Open space fees.
for quality of life parks
open space fees are paid by the developer of 4 profit
dwelling units an apartment a condo a single family home.
This is city ordinance, uh chapter 16-18 approved in 1998
and a quick summary of the fee. Formula is for Progressive
size classes of dwelling units Studio. 1-bedroom is $300 2
bedrooms. 3-bedroom 900
Uh single family home large apartment condo 1,200 that fee
hasn't changed in 26 years.
But cost of parks, uh new open space construction of parks
has soared just by inflation.
So revise open space fees, it's actually open space impact
fees assessed on new residential development eliminate the
flawed Citywide flat fee policy instead open space fees not
impact fees, but just fees will be a fixed percent indexed
to the median property value in each City neighborhood.
USF index to property value in each City neighborhood
accounts for the large differences in land cost and
affordability among neighborhoods and adjust for inflation.
As you know Park Core areas tend to have low valuation and
less development especially less for-profit development.
Hence Less open space fee acral the inverse occurs in
developer active expensive city neighborhoods, which is
where the vast majority of 4 profit new dwelling units are
created. So those developers in those more expensive areas
of the city should be paying a higher fee because land
costs and cost of new park development is several fold
higher in streeterville Lake View Lincoln Park compared to
Anglewood, Austin.
Dale Etc
So the idea is index open space fees to median valuation
property assessment determined by the Cook County Assessor
of residential dwelling units in each of the Cities 77
official neighborhoods in the previous year.
As of index to relative valuation in each neighborhood
accounts for large differences among Chicago communities
and the assessor the Cook County Assessor already
determines City neighborhood valuations for property taxes.
We don't pay flat fees for property taxes. They're indexed
evaluation. Thank you, Mr. Her.
Our next speaker is Jessica Jackson.
to start the
Okay, so
this weekend
they had
the Illinois African descent citizens reparations
Commission
too bad. Justin Ervin is waddling out of here.
So
they talked about our reparations package.
and of course, it was a bunch of fluff, of course, it was a
bunch of you know,
Clown talk another dog and pony show, you know kind of like
the 500,000 reparations that y'all talking about giving us
for a study out of a 16.4 billion dollar budget, you know
that type of nonsense, you know, but
the main thing that stood out is that it was too Alderman
that attended Alderman Yancey.
And Alderman Gilbert of Belarus if I'm saying his name
properly if I'm not I'm sorry. He's a nice guy anyway.
so when they introduced yansi
you know about 5 people clapped and so of course I booed
and when he heard the boo, of course, you know he
And he ran and left.
So when I turned to my left a few minutes later, that's
when I saw all the men Gilbert velatis.
I'm probably saying this wrong anyway, so a couple of
seconds after he saw that I saw him he left.
So of course my mind is wondering like why are they here?
This is a black reparation study.
So why is why here who didn't declare being Haitian?
And why is Gilbert here?
Because nothing in here has anything to do with him.
But then what really stuck out to me is how they ran and
that put everything in perspective about City Hall.
and that made me understand that that's why when we're
talking you all talk you, uh talk to each other ignore us
because you don't have the skill set to deal with black
America's problems what you have the skill set to do is to
run and flee from your country.
You don't know how to deal with confrontation. You don't
know how to solve what you know how to do is let America
act like they're doing something benevolent by talk taking
care of a bunch of immigrants before they can take care of
their own.
And so that's the thing. So when you all do things like
this.
That's nervousness. That's a a form of not being able to
deal with problems. That's what people that flea do like
Rosana Rodriguez how she ran out of here.
Thank you, Miss Jackson.
Um
Alderman Ken is joined us and will be counted towards
Quorum. Our next speaker is George, Blakemore?
There is something else and the b word. Yes. They are
something else.
They they start when they get ready. I have the B at the
door. They go this man over here work from the shell on
call.
To put me out they are completely out of control and they
racist.
And they're angry Mamas and they sell out all of the Black
1.
the white ones the Hispanic and I can't say that about the
1 a
Uh, Miss Lee, you know, everybody has a pick. But anyway,
but I'm just beating that the door Bam Bam Bam Bam open the
door, and then you you have this over here and when my 3 to
be seated, but you locked me out.
You locked us out.
Because you didn't have a car you are a piece of it.
and
It's start with s.
You are all of you all of you. The black ones the white
ones and the Hispanic the Democratic machine now, I I sell
on the street. They say Mr. Blakemore. You better not keep
wearing that red hat people won't buy from you. I don't
give a damn.
I'm wearing it. I want you to clear this out. I know that
trumps are racing they say buying this is is too but I'm
going with Trump on my way to Freedom land.
And I urge all black people to get off of this Democratic
machine get off of that train. It's not leading us nowhere
and we we got black faith in high places selling us out.
Elected elected officials. This is I always say worse than
a communist system a fast a dictatorship you all of this
gracious God bail bail.
I'm trying to break into a public meeting why you didn't
have a cold?
And you you you you you wasn't on time you was on n****
tag.
Uhuh.
We can have black people and we have white folks. We have H
you was on Back Time.
You can pay to be on time.
You've been paying to have a car on here don't you know
that you are a public scraper? You serve us. We don't serve
you something is wrong here. Come by here Trump.
Turn it red.
Turn the real red because the Democratic machine is not
working for black people. We got black all from Black come
here.
Thank you very much. Our next speaker is Wallace Gator
Bradley.
Like to add Alderman Mitchell to our Quorum count today.
like to say, uh
Good morning.
chairman
This August body.
I didn't think neither 1 of us was going to make it today
after I saw that storm last night.
I'm here for something. That's very profound. I've been
speaking on this since 2016.
And that is why are we paying private attorneys?
to defend corrupt officers, they were engaged and framing
individuals or torturing the individuals to end up being
wrongfully convicted
I saw in the news story on July the 11th.
WTTW
what he talked about this police officer Ronaldo Barrera. I
hope I'm pronouncing his name.
Where the city paid private Law Firm 35 million 35 35.7
million to defend him.
Knowing he couldn't win the case.
I'm here speaking today on behalf of a case, which is Mark
Maxon.
Rose is the city.
If they found out by DNA that he didn't commit the crime.
They also realized that he was wrongfully convicted he end
up getting a certificate of innocence and the 1 Thing.
I want to share with this body.
That's a case that you're not going to be able to win.
because
the family
of the victims have closure because the individual that
committed the crime got caught.
And now he's doing 50 years.
So you can't win that case.
and hopefully
the new corporate Council will look into that case because
uh
from what I read from the court papers.
They ready to come to some type of understanding.
and chairman with you being here now and
instead of broke being here.
I know that you're making your Autumn and aware because
I've been hearing good things about you educating the
alderman.
To what's been happening when they didn't know.
What was happening before I want to?
Salute you I want to salute this body.
and I
hope Mark Maxson get some justice and y'all stop paying
them private lawyers when you get a law Department. Thank
you.
Thank you. Our next speaker is Alex singer?
Um, good morning members of the finance committee. My name
is Alex singer and I am the research manager at the
Metropolitan planning Council or MPC.
MPC is a 90 year old independent nonprofit planning and
policy organization that addresses built environment issues
through an equity lens.
We focus on Housing Community Development Water Resources
transportation land use and planning.
I'm here on behalf of MPC to support the department of
planning and developments proposed medium and large Capital
grant program improvements. We believe this proposal will
support the city's efforts to Center equity in and increase
the speed of neighborhood investment.
MPC has long recognized that allocating resources alone will
not materialize the vibrant Equitable City that Chicagoans
Chicagoans vision and deserve it is critical that
government has processes policies and capacity to support
these investments in a thoughtful and responsive way.
This has become clear through our leadership and we rise
together a collaborative working to achieve community-led
investment and economic development at scale and
communities of color across Chicago.
We have seen first hand. The challenge is that projects
face around access to Capital and navigating regulatory
requirements?
through uh, the proposed improvements will reduce barriers
for project applicants support small businesses and
Workforce Development for a critical Gap in access to
Capital through the allocation of pre-development funds and
overall support more Equitable investment in our
neighborhoods.
The inclusion of standardized criteria enables applicants
to better Orient their projects toward shared priorities
will improving transparency around funding decisions.
These changes will support the city and more expediently
dispersing funds and building trust as we collectively
pursue a better stronger and safer, Chicago.
While this proposal is a strong step in the direction of
equity and PC also wants to ensure that these improvements
achieve the desired outcomes. We are concerned that the
ordinance change that expands the neighborhood opportunity
fund to include industrial or manufacturing projects
creates a potential opening to fund projects which may be
environmentally and socially harmful, although we do do not
believe this is the intent of the proposal
MPC recommends that limitations on the types of projects
industrial or manufacturing that can receive resources be
imposed through dpd's rulemaking Authority and that there
are clear links to selecting projects based on criteria
that explicitly Center Equity considerations.
We appreciate dpd's implementation of a single application
and scoring rubric for large projects in 2022 and the
substantial increase in Community Development investment
over the past few years in partnership with city council
the improvements proposed today Advance the city's ongoing
efforts to streamline development processes to better
support neighborhood economic and Housing Development
particularly in our underinvested communities MPC offers
strong support for this proposal and looks forward to
supporting the city of Chicago as it makes transformative
Equitable Investments across all our neighborhoods. Thank
you. Our next speaker is Ruben Sanchez.
My name is Ruben Sanchez and I'm here because of the bad
behavior of police officers in the union willing to protect
them.
The union should be paying the bills for any bad behavior
of the police officers, but that's not what happens. The
people have to pay for it.
There's a case number in the federal courts 21 seavey 2887.
That the city is trying to seal.
In this particular case a man named Alfonso. Kassaris was
arrested by a police officer named Lewis Garcia who is
Garcia cuffed the man put him in the backseat of the car
and then began choking him. I have that video.
If you attempt to seal this or pay out for this to be
sealed Alonso kassaris is dead. He was murdered 3 months
after Lewis. Garcia was fired Lewis Garcia at the present
time is in the Daley Center trying to get his job back.
instead of being convicted to where he can't wear carry a
weapon the
city's the citizens of Chicago are going to be forced to
pay for this corruption.
What I do is call it a Christian in a position of power.
They cowered under color of Law and then cite immunity.
No, man should be released when they're they're proven of
bad behavior.
And attempting to to to to seal this case, that's bad
behavior.
I'm leaving documents.
I had asked Ruben, uh, Rebecca pallmeyer a chief judge in
the Dirksen building to address this case. She refused to
address the case and she's I I I I'm the consent degree.
Trying to cover up and seal this case on the consent
degree. I believe because she refused she was forced to
draw.
She's no longer a chief judge. She couldn't be a chief
judge as of Friday.
Don't agree to pay out this Force the police Union to pay.
They're the ones not firing these bad police officers that
police officer beat me.
They told her jury. He didn't see this.
A judge wouldn't let them show the police report in the in
the circuit court or the federal court judge the judge
Chang Chang in the federal court Edmond chain refused to
allow me to tell the jury what they've done on the fifth
page of the replacement report and refuse to show the jury
the police report.
I got 17 seconds left that's good enough for me.
I'm warning you.
Like to I'd like to acknowledge that we've been joined by
Alderman Rodriguez Talia Ferrell Silverstein and Curtis. Um
Alderman brunette I see that you have your hand raised and
we have counted you towards quorum.
Our next speaker is Taiwan Sims.
Good afternoon committee.
So with a budget of what 16 some billion dollars.
Now they talk about a 538 million dollar budget Gap and we
consider that.
So to think about what?
He spoke about last week.
And the last meeting was a 400 and something dollar.
I guess.
The tax, I don't know cost towards our immigrants or our
new arrivals.
However
No consideration towards what's going on in Black Chicago
or the with the black Americans here in Chicago.
For an x amount of weeks what the last 8 weeks we've noted
that at least.
8 people have been murdered over the weekend or with every
coming.
News news report is like it's getting worse more and more
Devastation in our communities with no consideration
towards it and you wonder why.
But then that gentleman just came up he was talking about.
Um
Community Improvement or whatever and how they've been at
it for the X amount of decades.
To what Avail what if we gained in it, but I guarantee that
you all finance that um initiative or that organization.
Y'all put money in and they supposed to I guess direct that
money towards as he says the marginalized communities those
low those disinvested communities black communities,
Austin, Englewood.
Rose land these are our communities which are seeing no
investment. We disinvested.
Devastated and disrespected that's what it is.
And it's a Continuum of consistency for the last amount of
years. So this not just now and the guy named is Gilbert
Villages. He was just in a meeting about money.
Once again for what reason like you said for what reason
these people have a Heritage or they speak about other
things but they not weighing in on what should be weighed
in on and that's the fact that black Americans are here are
being devastated.
basically
undercut so much so that we being cut off so much so that
we being murdered out.
And everybody paying like their oh, we we that's that's
it's no problem. It's no problem.
We're just going to continue putting into our new
initiative because when you put 400 and something million
dollars in a something, I guarantee you that's an
investment. Anybody can tell you that so they invest in
them their new thing.
Forget the fact that black Americans have paid into the
taxes forget the fact that black Americans have footed even
that bill.
Forget that forget forget us.
And it's it's starting to snowball more and more starting
to become more and more radical. We got what's his name on
Perez in here? He's smirking and smiling like, uh plight is
a joke. Everybody else is a joke.
But it's not our next speaker. Thank you very much. Our
next speaker is Zoe lelay, and I want to acknowledge all
them and see you. All Lopez is joined us and we'll be
grounded towards quorum.
My name my last name is Lee l e i g h Le not lay not low not
leak.
All right. So, um, you know, it's my favorite meeting.
So I see y'all about to um
cash out over twenty million dollars
for the police
Um you always you always ready to pay out for the police.
But yeah, I don't ever want to pay out for y'all public
corruption. And that's the crazy. Like that's the thing. I
don't understand.
Uh, I don't know if you guys watch the news this morning,
but the Trump case that was in Florida was dismissed
because the prosecutor violated the US Constitution.
And that's what's going on in my case.
The city of Chicago violated the 5th and 14th amendment in
my case Bradley Wilson law lawyers over here. That's about
to sit here and tell these people how much and they vote
for this 20 million dollars for the for the CPD Bradley
Wilson is my corporate Council lawyer on my case. Right?
And he didn't do his due diligence when it came to fighting
for the city of Chicago, which he should be barred and
that's what I'm working on. So
I'm letting y'all know.
that this is going to stop the public corruption is going
to stop it's it's it's going to stop. Okay Trump is going
to win by a landslide. That's just what it is. Whatever
happened on Saturday it it happened and that's just what it
is. The there's no democracy on either side. So it really
doesn't matter. It's we're we're in Hunger Games at this
point. Um, but what the city of Chicago needs to understand
is that this is local this is not federal. So I really
could care less about the federal. I'm on y'all ass because
at the end of the day you guys need to do right? This is
you've been in here pat down for a long time. You know how
P how public corruption is it keeps going and going and
going and going. Okay, the brand Administration comes in. I
don't care. He's going to be a 1-time mayor, but at the end
of the day, when is the public when are you when are you
guys going to step up and do the right thing? They're
telling they're still in properties from blighted areas.
Y'all are still in Tif money.
From blighted areas going to the north side like this 1 on
the first first Ward with banana man. Y'all about to give
them over, uh over over a million dollars for the
elementary school when you know that we have elementary
schools and our in our communities that are now shelters
for the migrants. So like just y'all. Yeah it it doesn't
make any sense. Y'all are puppets is that we have no black
representation. Y'all do not you do not care about
Us and it's just sad, but y'all are going to be voted out.
Y'all are going to be voted out. I mean y'all may not care.
I know you're not even coming back and that's good. So
since you're not coming back Pat down, I need you to do
due diligence as a public servant and have them figure out
my thank you very much. Um, the any the last speaker is
Doris Lewis.
Good morning, Madam chair and good morning to this body.
My name is Doris Lewis.
I am a retired teacher and counselor with Chicago Board of
Education.
As a teacher I would have my students make presentations.
and whenever my students
or students would make a presentation. I would demand that
every student listen.
Not get up and walk around in the classroom not talk to
their peers but to listen.
And what I'm seeing in this body is really disheartening.
It's depressing to me. It's hurtful to me because as the
city we are in trouble. We're having some serious problems
in this city.
We have an illegal immigration problem that you have spent
out over 400 million dollars.
To the detriment of the black community. It's decimating
the black community.
So as an answer to some of these issues that we're facing
in the black community. I have put together a contract with
black Chicago. I did it in 2023. This contract is about the
various City departments CPS Chicago Police Department
environment. And in each of these departments black
representation is way below its percentage in terms of our
uh, P 29% population in this city. So I'm going to be
asking some about Alderman to introduce this as an
ordinance so that we can try to stop the Carnage that's
going on in our communities our children black children at
the rate that things are going are not going to have a
future everyone in here is looking out for the future of
their children and I don't have a problem with that. That
is what you're supposed to do. But black Alderman and the
black community.
We have a responsibility to look out for our children. So
I'm saying in this contract if we're 29% of the population
Hispanic for about 29% I think whites about 29 30%
according to the 2020 census. So what we're asking is that
we have representation of 29% in all of these departments.
Department. That is only fair that can stop the racial
issues that we're having in this city. This is a beautiful
city. I love this city. But what I see now is absolutely
frightening to me and we have to stand up for our children
and our communities as everyone else is standing up for
theirs. So I hope when we present this contract we can get
Alderman to support us and Alderman Ervin. I'm very
disappointed with you you come in and you're talking and
you're being disruptive right now you're standing in the
back.
That's not fair. We are taxpayers. Give us respect when we
take our time to come down here and talk to this body
because that's what I'm going to do to you all. I'm not
going to thank you very much. This concludes our public
comment period
thank you very much.
the committee received written public comments
from the Metropolitan planning Council and support
in support of the uh, medium and large Capital grant
program improvements. We received a letter from the
sustainable Englewood initiative.
In support of the cdbg urban shelter program and also 1
from the Chicago Parks Advocate and Logan Boulevard skate
park advisory Council.
Both of those were requesting a revision to the open space
fees to develop new open space and Parks.
We'll begin our meeting this morning with the approval of
the June 2024 monthly rule 45 report, which was sent
electronically to everyone is if there are no questions.
Can I get a motion to recommend approval of of that report?
Um motion made by Alderman Ervin all those in favor signify
by saying I
Opposed in the opinion of the chair of the eyes have it. We
have 8 items before us today, um on our agenda, we'll start
with the first item, which is from the Department of
Planning and Development. It's an ordinance concerning the
authority to enter into and execute and intergovernmental
agreement with the Chicago Board of Education for the
provision of Tif funding Tif funds for the improvements
that Jose De Diego Elementary Community Academy, which is
located at 23001 West Potomac Avenue in the First Ward. The
amount is not to exceed 1.4 million. We're joined today by
Sean newart director of facilities and capital operations
for the Chicago public schools and Jamal Chambers the
intergovernmental Affairs liaison to the city council for
the Chicago public schools. Good morning.
morning chairwoman
Good morning, chair and members of the committee on
finance. Um for the record, my name is Jamal Chambers city
council liaison for Chicago Public Schools. I'm also joined
by Sean Nord our director of facilities for CPS as well as
Tim Jeffries managing Deputy Commissioner in Department of
planning and development.
I'm here today to request your approval of an
intergovernmental agreement that would provide Chicago
public schools with up to 1.4 million in Tiff assistance,
um for a playground in athletic Court area for D Diego
Elementary School.
Here's a map showing the general location of the project
within the city. The project is located at 23001 West pamic
Avenue and the West Town community area and ended in the
First Ward. It is located within a humble park tip
District.
Here's a map showing the here's a map showing the general
location.
Sorry.
Here's a view of the current conditions of the area. The
proposed improvements were served de Diego and neighborhood
Elementary School serving 528 children from pre-k to 8th
grade and would also solve serve the local community the
project includes replacing existing natural grass with a
new period in place Weber surface playground or 2 to 5 year
olds and replacing the existing absolute, um payment areas
with the athletic Court area and would include basketball
and pickle ball courts draining infrastructure and the
storm water, um, detention system and miscellaneous site
restoration is also part of the project.
If approved the intergovernmental agreement with authorized
up to 1.4 million in t assistance, which will finance the
entirety of the project.
The area site plan shows the existing area of the location
and its proposed improvements.
Here's an illustration of what the new playground and
athletic Court area might look like completion of the
project is scheduled for fall 2025.
I would also like to indicate that we do have a letter of
support from Alderman the spata, um who shares the project
is exists within his work and he also shared 306% of the
TIF district. We also have an additional letter of support
from all the person. Um, Jesse franchise franchise who
shares 62% of the TIF district. I thank you for your
consideration, um of this request and I'm happy to address
any questions that the committee may have
All right, Sean. Do you have anything to add to this?
Uh know, it's Jamal covered everything. Thank you.
Um any questions before we go to alderman laspada?
alderman laspada
Thank you so much cheer. This is something actually that
we've been.
Cooking up for a couple years now de Diego is a school. That
is all Hustle the work that they're doing to bring in new
students to really expand what they're offering to the
community is fantastic. But when you have the kids you're
trying to bring in our preschool kids if you don't have
anything for them to play on hard for those families to
feel like the door is open for them to spend time here. So
that's what kind of the Genesis of what this came out of in
terms of the pickle ball courts.
Folks love to play with the ball that is pickled. And so
there's already this activity happening at the school
whether the facilities are there or not. Our community is
loving this and so being able to bring this to them means a
lot.
Always glad to see the not to exceed always happy for not
to exceed but we always try to set a maximum budget and
then work down from there. If that number feels a little
eye popping to folks, but I'm really glad for it. I'm glad
for the collaboration with CPS with dpd and I do ask my
colleagues favorable consideration. Thank you chair. Thank
you. All I did see that Alderman. Uh, Taylor had her hand
raised, uh, forgive me Alderman Taylor. I didn't see you
first.
It's okay chair medel. Thank you. Can you tell me if there
are any private dollars raised on this playground and how
many daycares um or other facilities around this
playground? Because that's that seems like a pretty high
price.
Um for equipment and I just want to know who is it just the
schooling use what?
Because this this type of money investment needs to be
spread it around. I'm sure I've seen cheaper playgrounds
and I'm not here to not to not see young people get what
they need, but I would be interested because y'all going
right out the tip dollars.
To a playground. Thank you Alderman Taylor Alderman laspada.
Yeah, I'll let I'll let CPS way on this as well if they
want. But uh all the women Taylor this is a community very
well served with both young families with a lot of daycares
in the community. We have a lot of folks who uh, you know
that a little toddler trains you see in your community.
Well, this is a very well-utilized playground that we want
to be even more well utilized in terms of the rest of the
facilities that we're talking about. I mean last year when
we were doing our back to school fair at De Diego, it's
Diego, it's actually well suit you, uh situated in the
center of the ward. There are folks out there playing
pickle ball a year ago. Um, just
like bringing out their Nets to play there and so
There are very few times that you can create facilities
that whether you're 2 or 20 or 40 or 60. You're going to
see the whole Community utilizing them and that is
absolutely the case with what we're proposing here today.
Uh, thank you CPS. You want to ask to her question about uh
private dollars?
Um, so this project is completely funded um through Tiff
there are there's not any CPS investment in this project.
However, I will indicate that um within the past 10 years
CPS has invested approximately 25 million dollars into um
de Diego Elementary School.
Thank you Alderman Talia Farrell.
Um, thank you madam chair. Uh, I I do support this project
and in fact, um, we just recently had um the play lot, uh,
Redone in 1 of my Chicago public schools and uh, it has
made a world of difference, especially for the um, the
elementary students that attend that school. Um, it was
torn down. It was very dangerous actually. So I certainly
appreciate uh, the project and all of the Spotless Ward and
um, I know the children will get a great use out of it. Um,
but I just wanted to publicly put on record that we're
still waiting over at George Rogers Clark for some
improvements, um with that school as well that are very, um
very much on the same level as as being unsafe for some of
the students that attend that school so I look forward to
speaking with you on that.
Thank you, man. I I know we've had conversations regarding
um, the requests for improvements at Clark. Uh, we is it is
on our radar and we are working, uh to put together a plan.
Uh, we should have a response, um, relatively. Um, so I
appreciate it. Thank you madam chair. Thank you Alderman
Talya Ferro and I just want to say Sean. I'm still waiting
for the answer on uh, improvements to the
Playground at Mollison Elementary School, okay, you were to
get that back to me and I haven't received it yet. Got it.
Is there a motion to recommend approval of item number 1 on
the agenda? So moved by Alderman Scott recommending due
pass all those in favor signify by saying I opposed and the
opinion of the chair of the eyes have it and we will report
the due pass recommendation out at the next city council
meeting. Thank you Sean, and thank you Jamal. Thank you
number 2 from the Department of planning and development is
development is an ordinance concerning amending chapter
16-14 of the municipal code regarding the neighborhood
opportunity funds. Um for this presentation, we'll be
joined by Tim Jeffries managing Deputy Commissioner for
economic develop development in the department of Planning
and Development. Good morning, Tim morning chair.
And we want to acknowledge Alderman Hopkins has joined us
for Quorum. Uh
Ah, thank you and Alderman Haden has joined us as well.
I I before you start Tim. I just want to thank everyone who
attended the briefing on this topic. Um, it was very well
attended from members of the city council, and I just
wanted to acknowledge that.
Tim right, uh, yep, good morning chair dowel members of the
finance committee for the record. My name is Tim Jeffries
managing, uh, Deputy Commissioner in the department of
Planning and Development. Uh, I'm here today to request an
administrative amendment to section 1614 of the municipal
code in order to make changes to the neighborhood
opportunity fund program rules or group 2 grants receiving
more than 250,000 dollars in City funds.
Uh, the purpose of dpd's request is to implement 2
high-level programmatic changes that will address
long-standing operational issues and improve overall
outcomes. Uh, I'll provide a detailed description of both
but at a high level they are uh number 1 consolidating the
multiple sources of capital funding the dpd manages into 2
distinct programs that have a unified set of rules and
requirements regardless of the funding source you they are
using uh, these will be temporarily named the median
program for projects receiving between 250,000 and but less
than 5 million in City funds and the large program for
projects receiving more than 5 million dollars in funding.
The specific revision to the municipal code is necessary to
align nof program rules with the proposed medium program
that I will provide details on shortly. Uh, the second is
the creation of a pre-development grant program that will
provide grants, uh for promising projects that need funding
in order to incur pre-development costs necessary to
advance the project, but that have access to Capital
issues.
uh, this program was initially authorized this past April
with the approval of the uh, housing and economic
development Bond, but this legislation will additionally,
uh allow nof funds to be used for that purpose to ensure
more resources are available to projects on the south
southwest and west sides.
Uh, in order to discuss why these changes are needed. Um,
I'll provide a quick overview of dpd's administration of
our current current capital grants programs, uh, currently
the Bureau of Economic Development administers a series of
capital grants that include the bond funded Community
Development Grant or CDG program the neighborhood
opportunity fund or nof program, which is funded by the
downtown density bonus and the Tif increment financing or
Tif program, which is funded by incremental property taxes,
uh, each of these is nominally administered as a separate
program, but they are all extremely similar to 1 another in
both purpose and use specifically they provide Capital
Grant funds to private developers in order to rehabilitate
or construct commercial industrial and mixed-use real
estate development projects.
Uh, the similarities are are beneficial since it means
rarely having to rely on a single tool. And in fact in
recent years dpd has implemented a number of operational
improvements that sought to leverage the similarities, uh
to the benefit of applicants that included eliminating
program specific applications in favor of a universal
application which uh reduced barriers to entry because
applicants are no longer, uh needed need to have an
understanding of which funding source is the best fit for
their project. Uh, this included the uh, the development of
a standardized scoring rubric that makes reviewing projects
quicker and easier than it has ever been in the past, uh,
We additionally, uh, moved funding allocations to a
round-based structure in order to increase predictability
and awareness of the programs by establishing a a regular
interval of deadlines and applications. Uh, and finally we
we made a whole series of internal improvements that were
made with an eye towards streamlining and simplifying dpd's
internal review and approval processes as a whole.
Uh, I'll say that the combined uh effect of these changes
has been significant and the clear improvements to both the
program metrics and outcomes can be seen on this map of
projects awarded since 2022 when the first of these
improvements were implemented. Um, some of the benefits of
this has been. Um, the first is that since the
implementation of the universal application the number of
annual average application submissions to dpd has increased
by nearly 600% since 2021, uh with more applications DPE
has also, uh, it has far more projects in our pipeline that
are being advanced.
Since 2022 the city has uh name approved or awarded 86 total
projects for a total of 340.7 million in City funds. This
is an extremely sharp increase over the recent past, uh for
context the combined number of projects over the 10 years
preceding this meaning from 2012 to 2021 was just 66
projects as compared to 86 from 2022 to current uh, the
impact of these projects is significant and is estimated to
result in a total of 1.1 billion dollars in the in in uh,
neighborhoods throughout the city of Chicago, but
critically, uh, these Investments are being done in in an
very Equitable manner more than 75% of the projects are
located in community areas on the city's South southwest
and west sites.
Uh, despite these successes. There is of course always
challenges to be addressed and more improvements that can
be made and the things that dpd currently believes are
among the most critical are defined, uh in red on the left
side. Uh the first excuse me, excuse me.
um, I would like to ask the uh,
sergeant-at-arms if they could clear out that hallway
because it is annoying.
To be able to hear that noise in here while we're
conducting business.
Um, as I was saying that the the the issues that deeply dpd
believes are the 3 most current critical issues are in on
the left hand side in read the first of which is the dpd
currently administers each funding source as a discrete and
individual program.
But funding sources are not in and of themselves programs
programs have defined goals objectives and things that are
meant to be achieved but a funding source is not these
things. It's just money money is obviously important and
needed for projects to fulfill their goals. But the way
that we currently administer programs makes that the
singular most defining feature of these programs. It should
the focus should be rather on what these programs are meant
to do.
Uh, the Second Challenge is that while current capital
Grant programs do have strong similarities including a
shared goals uses and processes.
That is not alignment. Um and misalignment can create real
communication and operational challenges an example of what
I mean, uh for communications is that in recent years dpd
has announced finalists for our round-based Awards as
Community Development grants, but individual projects may
actually be funded with CDG or nof or Tiff regardless of
which the study City funds are generally used for the same
purpose. But the Nuance of having 3 programs, um,
simultaneously announced creates confusion and and uh dpd
staff spending more time on explaining the technical
differences between these individual programs and internal
processes rather than actually solving problems or helping
to promote the success of the projects and the programs
themselves.
Uh this lack of alignment also negatively affects dpd's
operational effectiveness offsetting rules means that the
projects cannot be reviewed in the same way. This limits
dpd's ability to strategically manage the city's assets to
the most, uh, effective degree possible ultimately
resulting in either delays or fewer projects altogether.
And the third and final challenge mentioned is while uh
dpd's changes to the review processes have been successful.
They also require projects to have a rigorous amount of due
diligence in order to be successful. Uh, we are aware that
such Readiness has a real Financial cost and the securing
things like architectural designs business plans or zoning
changes can be expensive. Um, too many applicants. However,
particularly ones on the south southwest and west side
struggle to access Capital necessary to fund these
pre-development costs and as a result strong Concepts that
offer the the chance to impact to affect real change never
Advanced beyond the conceptual stage.
Um while these issues are collectively not insignificant
dpd believes that they could be addressed by the 2 program
changes previously mentioned the consolidate our funding
sources into 2 distinct programs and to launch a
pre-development, uh grant program.
Uh, I'll provide more detail about both of these. I'll start
with the medium program, uh, this table details the high
level terms of the existing Capital Grant programs, which
are labeled as CDG nof and Tiff the upper half shows the
general terms of each program while the allowed uses are on
the bottom. Um, even from a quick scan of this you will be
able to see that while there are similarities. There's also
very clear discrepancies the amount of funding for example
varies widely between all 3 programs CDG providing up to 5
million dollars and 75% of the total project cost and of
however only provides 2.5 million or 50% of the total
project costs. Although it has the community wealth bonus,
which is the only only program that does that allows it a
pathway to get the 75 and Tiff meanwhile has no limitation
on either the total amount provided or the percentage
provided and in the lower half you'll see that the
you'll see that the allowable uses generally aligned
between CDG and Tiff, but nof doesn't allow for either
residential industrial or social service.
so in order to bring these into true alignment dpd is
proposing to use the most effective components from each
individual project or program. And marry them together into
this proposed medium program, which is identified in the
dark blue column. This program would be Source agnostic and
able to use whatever funds may be generally available and
legally feasible with grants ranging from 2 to 250 dollars
to 500 million, but limited to no more than 50% of the
total project cost that said this program would retain the
community wealth bonus concept.
Uh and provide applicants who live on the south southwest
and west sides an opportunity opportunity to receive as
much as 75% of the total project costs.
This would allow dpd the flexibility to rightsize Awards by
providing funds as either a loan or a grant while still
providing, uh benefit to applicants to select on how it
disbursements are going to be provided to them as either a
single payment of completion or construction Milestone. Um,
finally the uses would be aligned across the board to
generally allow any legally allowable use on the site with
the biggest limitation being that the uh, any residential
unit would have to have more than 10 10 10 units in the
development in order to trigger Aro and ensure that any
project that receives City funds will have at least some
affordability on site.
um while projects would be subject to this framework, um,
certain sources specific requirements would continue to
exist this map attempts to show that uh 1 of these would be
that uh, projects would have varying funding options, uh,
based on their geography which is shown here, uh with the
approval of the housing and economic development bond in
April all locations throughout the city are now at minimum
eligible for bond funds, but nof and Tiff obviously have
their own rules. And uh that that that affects what sources
are available location 1 on this map for example would have
access to bond funds but no other sources location 2 is
within within the nof programs qualified investment area
and would have access to that program while 3 is in a TIF
district and has access to those funds 4 mean is in
4 all 3 geographies and has access to all 3 sources.
Um, even if the if the medium project or program is
approved today this Dynamic will not change likewise, all
of the requirements of the Tif program for example will
have to meet the requirements of the Tif act the biggest
change is the dpd is attempting to move the technical and
legal elements of these.
To the uh, 2 DP staff who are subject matter experts on
this and remove the burden from the applicants.
uh, and just to put even an even finer point on this for
location 2 specifically, uh, that is eligible for uh bond
funds and nof but under the current program rules, if we
had an application that requested more than 2.5 million
dollars in City funds and had residential industrial or
Social Service uses. It would not be eligible for nof. If
the proposed medium, uh, framework is approved. It would be
eligible for either nof or Bond because the ordinance would
increase the maximum Grant size and expand the allowed
uses. And this is what I mean about, uh, having alignment
rather than similarities alignment allows dpd to identify
the source of funds that make the most strategic sense
rather than what is simply available. Um that will
ultimately broaden the impact of the program and provide
more benefits to the communities.
Uh, in addition to medium dpd is establishing requirements
for oil are temporarily calling the large program for
projects requesting more than 5 million. The general terms
of that are in the right-hand column, uh, this program
would use both bond funds and Tiff but not nof. Uh, since
the relatively limited availability of those that programs
funds mean they have a greater impact focusing exclusively
on medium scale projects and unlike medium. There is no
defined limit on either the total amount of funding that
can be provided or the percent of its budget instead
projects will be subject to underwriting and a gap analysis
performed by PPD that reflect the unique market conditions
of that project's uses and locations. These findings will
be presented and reviewed by city council as is currently
done.
Uh in general the know the large program is expected to
have a larger amount of negotiation over terms, but will
also be subject to a much higher degree of scrutiny.
Uh, all that said we understand that process is just as
important as structure. So I wanted to highlight how that
will work for these programs in general dpd believes that
our current view review process has a proven track record
of success, and we're not proposing major changes to it.
With flowchart reflects how this currently happens for the
medium program, but it is generally applicable to the large
program as well in all cases. It starts with the submission
of an application and when that happens we immediately
notify allders of these of the submissions and request
their input on a project and the potential impact it might
have on their Community after that applicants applications
are screened multiple times by multiple dpd staffers. Who
were
Review score and rank applications to create a list of
project the dpd recommends advancing through the process.
It is only at this point does dpd consider. Uh, uh the most
appropriate funding source, that should be matched to a
Project based on its specific requirements.
Um after dpd identifies potential projects and the proposed
funding sources, these recommendations are once again
reviewed with the subject Alders in order to uh, identify
any potential issues with either the project or the
specific use of uh, specific source of funding.
uh, if there are no issues and in my experience those
issues are relatively rare then projects, uh, subsequently
announced as finalists begin to move through the due
diligence phase and and uh with the goal of executing an
RDA and beginning Construction.
Uh, I'll I'll quickly provide a a an overview of this of
the pre-development grants. But um as I previously
mentioned each round dpd receives many applications that
represent strong ideas, but are just that ideas, uh, in
order to become a project they need further development and
due diligence in order to establish the overall feasibility
of the concept. This could include things like architecture
design and Engineering zoning, uh, Environmental Studies
perform a business planning and feasibility studies or even
just basic project management.
Without these things a project is unlikely to move forward
but in the parts of the city with the greatest need the
challenges around access to Capital of often make that an
impossible an impossibility.
To address that dpd is launching a new program that will
provide up to 150,000 on a reimbursement basis, uh to to to
projects in the pre-development phase.
This program was already authorized uh with the with the
approval of the bond, but this ordinance would allow for
the use of up to 5 million dollars in nof in order to
ensure that those parts of the city, but the greatest need
to have the have access to additional resources.
Um, so that is the general.
The 2 General programs we're proposing and how they will
function, uh, in terms of implementation dpd's, uh believes
that if today's ordinance is approved that they can both be
rolled out in short order for Capital grants dpd intends to
formally launch both the medium and large programs in mid
August, uh, which includes the publication of the full, uh,
list of program rules on the selection criteria on both the
dpd website and the city's rules portal. Uh, I'll say that
this timing is critical in order to establish the revised
rules in advance of uh, the rounds opening back up for the
first round of funding in 2025. Uh, we want to have a clean
set of new rules for applicants. So there's no confusion
about what what rules are and are not in effect.
Uh likewise the first awardees for the pre-development grant
are expected to be announced before the end of this year.
The dpd will review applications submitted as part of our
our currently open funding round for those Awards, uh with
the projects, uh announced concurrently with our other
major major funding awards at the end of the year.
uh, all that said dpd feels confident that if approved
these legislative amendments will result in demonstrably
approved improved outcomes that will have a substantial
City impact on a Citywide basis the realignment of current
capital grants and to a Consolidated and comprehensive
program and the launching of a pre-development, uh program
will accomplish all this by further reducing barriers to
entry and expanding access to funding, uh, improving
program awareness and the visibility of successes, uh,
maximizing the impact of City funds through greater asset
management and addressing key access to Capital, uh
challenges in the areas, uh of the city that are most
impacted by them.
Uh, I'd like to thank the committee for your favorable
consideration of this request and I'm happy to answer any
questions you might have.
Thank you. Uh Tim that was the very detailed. Uh,
Presentation and we'll start with questions from Alderman
laspada followed by Alderman Moore.
Followed by Alderman viegas. Thank you so much chair
admittedly. Most of my questions were answered during the
briefing but I had 1 question that came up. Could we go
back to the slide? That looks uh,
Nof Grant Tiff. Uh, here we are. Yeah. There we go.
I'm so curious. I should have.
Asked this during the briefing, but I'm curious. Can you
talk about what the local residency bonus is?
on
We were on the right side. There. It is, uh on the medium
Grant and why we're not applying it to the large. How does
that function to? Uh, the medium Grant, uh,
The community residents bonuses that if you are if if you
are an applicant to a project and your business is within
the qualified investment area, which is the the area of
persistent disadvantage that has been identified by the
community and you yourself live in that area. Meaning that
you are, you know, you live in the area in which you are
investing those parts of the city just their subject to
Greater just investment and they need we believe they need
more funny. They need more funding, uh than other programs,
uh and projects that might not be in those areas. So we're
providing a pathway to provide more. Um, it's not part of
the large program because there is no cap as there is with
the medium program. Um, so we will underwrite the project.
On a gap analysis basis and yeah, that's that's it. Got it
fascinating great idea. Thank you, sir. Thank you chair.
Thank you Alderman. I will go to Vice chair Conway.
Madam chairwoman, um
first question is and and I think the answer is no but just
double-checking the
is there any effect on the 10% of nof funds that stay with
the ward or neighborhood as a result of this adjustment
none?
and will this um
Will this program have any effect on the uh on the LaSalle
Street projects that have I know they haven't yet come
before this committee, but does this program seem to have
any effect on those? No none. Okay. That's all I have Madam
chairman. Thank you. Thank you very much, Mr. Jeffries as
always for your excellent presentation.
Thank you Vice chair Conway, Alderman Moore.
Thank you chairman. Uh, first of all, um, I want to say I
want to thank you, um chairman for the briefing. Um, it it
was informational that was you know, because it was so
uh, a lot of information it was some a bit confusing but
given the opportunity to read deeper because you provided
the information. I appreciate that so much also, I think
it's a asset. Um, and I know sometimes I just got to say
this in terms of you being the finance chair because of
your um, knowledge and your historical background and
housing it gives me some comfort because I I
trust and seeing that you know, you will push back on things
that are not um good, um for um communities and and I'm
confident that you vetted this, um, well enough and I
appreciate that so much, um, also, um with our uh, new
commissioner, uh dpd as I suggested with CPD, uh, someone
that has a focus on development when they need the certain
tools, um that they say that will work and that they need
to operate from within our communities. Um, and then go and
explain more in detail. I appreciate that about um,
commissioner bolt Wright and she was able to do that. Um
for me as well and so, uh, this is something I totally
appreciate uh from a the standpoint and I got to say to you
Tim you've been accessible and um, very is orderman, uh,
just a chairman indicated detailed not only in the briefing
but also, um here today which was very helpful. Um, um,
But I want to make sure I don't know if something's are let
me first ask the question about retroactive. There's
nothing in here that can we can be retroactive to I'm
thinking about and I think you all remember we gave a nof
to tatis floor. I'm just using her as an example. Um young
lady who um live in the ward was running a flower shop out
of her house doing good doing very well and um has decided
to open which would be the only flower shop in the 17th
Ward.
um Community, um, she put up her money, um purchased the
property through the Cook County land bank and then apply
for nof which she got but was struggling with some of the
pre-development stuff. So this could be retroactive in that
case. Could it
um, if meaning can we review her project?
Meaning can we review an old project for this new funds? I
I think as a general matter. I I would I would like her to
reapply but we would not we wouldn't have to you know, but
she's already got I'm in money. That's to help her and then
I see what you're saying. Uh, right. No, I don't think
we're in that case. We can review it retroactively. All
right, and and thank you so much. I just want to ask that
question at the end. Um what I like about the tears you're
talking about when I look at um, blue Azul and I want you
to make sure and you I think you're familiar with blue
Azul. Um, I'm hoping this would help them. I think they've
been declined for sure 2 times but I think 3 times on um,
some of the funding but again someone else who has put skin
in the game on a lot that's been vacant for well over 20
years. They put their money up first, um purchased it spent
money on Architects design and all that and going through
the process. I think they've been rejected 3 times probably
for some good reason and getting better at each 1, but I
want to make sure that we're
Titan people like that who have who who are from the
community who's investing their own dollars not just coming
out with a hand, you know their hand out but investing and
showing good faith and what they want to do for projects
that the community want and but by looking at the um, the
criteria here, I think that'll work better probably for him
next time around and I'm I'm hoping so so, uh, definitely I
you know, no blue Azul, um and and and continue to work
with them and hopefully we can get them through but this
also opens the door for what I've been pushing on 69th
Street between Ashlyn Damon but we talking about when
there's projects that city-owned vacant land which is about
70% of those vacant lots are city-owned vacant lands and
helping those developers. Um, do that as well. So I
appreciate this and I and I hope all of my colleagues, um
will support this tool and helping us redevelop, um the
community because it's not just about the South and West as
when we do this. Um, I'm a strong believer when you build
um,
it helps deal with the violence issues it puts people to
work and they takes care of problems throughout the whole
city of Chicago. So this type of tool will um continue to
do that. So, thank you and I truly support this. Thank you.
Thank you Alderman Moore and I might suggest that uh, I have
when I've had a project where there's been some
deficiencies in the package. Um, I've been able to take
that developer and his team to meet with members of the
Department of Planning and Development to go through
and very clear detail what those deficiencies are. So you
might want to just hook if you haven't done that already.
Um, they're they're very good at that.
Um, we will go to Alderman viegas followed by Alderman
waguespack followed by Alderman manah hoppenworth if there
are no other committee members that have questions Alderman
viegas. Thank you madam chair and thank you for the
briefings and Tim. Thank you for your presentation. Just
have 1 quick question. Um as it relates to um, are there
any labor protections or standards that are used in scoring
a rank or the ranking system during the application review
process during with this modification?
um, it's a requirement that all of our projects have Labor,
you know, they have City construct City of Chicago
construction compliance requirements so that they must do
City residency. They must do uh, uh prevailing wage. They
must do mbew be so I I think I guess we we generally take
the approach that it's a non-optional for every single
project that we're doing. So you must do it therefore. It's
it's not a it's not a direct consideration of our it's more
of a a
requirement on the back end
Okay. So this is already this is part of the process. Okay,
and then you guys are monitoring this or is this fall into
procurement know we we monitor this uh directly all of the
projects in in coordination with the Department of
housings, uh construction compliance, uh Bureau.
Okay. Thank you. Thank you madam chair.
Thank you. Alderman viegas alderman waguespack.
Thank you chairwoman. Uh Tim, um, you had mentioned, uh,
kind of walking through this, uh, you know what people with
the proven track record of success and multiple staffers
review it. Um,
when when we look back to 2016 when nof first started
What's um, what's been the success rate roughly of nof
projects in the past?
If you don't have it on hand, we can get it through the
chair. I have it for large projects. Um
Over from 2019 to current um, and if you want me to go back
further I can get those. Um, so there's been 28 and this is
nof specific. Uh, there's been 28 total n n n large
projects meaning up above 250k, um of them 1 2 3 7 of them
have been uh, uh withdrawn or terminated prior to to
construction, uh, and then we have
uh
4 that are fully complete and probably another 4 or 5 that
are actively in construction.
Oh, you said or complete or fully fully complete, um, which
is indicated by the issuance of the certificate of
completion, which there's projects on this list that I
would say are under construction. I'm calling Under
Construction, but they're active and open and operational.
They just do not yet have the CFC.
So for the other, uh, 12 or so are do you hold that uh
money and sort of an escrow that
we intend to give that funding to those PE to those large
projects or
if somebody else comes in with a better plan they can um we
We we hold on to the money. And as long as there's
demonstrable forward progress, then we hold on to the
money. If they fail to meet that then we will take steps to
either resend the grant or have a discussion about whether
they themselves will withdraw from consideration. That's
where those 7 were either terminated or withdrawn. Um, and
at that point we put the money back into the pot of General
nof availability, and we will redeploy it to to for
projects in future rounds.
Okay, um if you could get that through, uh, 2016, that would
be helpful.
um, just kind of want to see the success rate of
these businesses that um go through completion the ones
that are under construction and then uh, it would be nice
to know how many of withdrawn or terminated
um since 2016.
Yeah, I'm happy to provide and could you do that on the
medium too?
Uh
Small you mean small? Yeah, uh, yes.
Thank you. Thank you madam. Chair. Thank you. Alderman
waguespack Alderman Mana Hoth
Thank you madam chair. Thank you for the briefings and
thank you Tim for your work on this.
Um
the 48th Ward includes agent on Argyle and we have
many vacant storefronts 20 plus um, and that's just 1 of
our business corridors. I had a question firstly about um
eligibility. It says cultural uses are churches and Faith
organizations eligible for these know, um to the extent
that they have
Like if it's a church use proper know but to the extent that
it is a faith-based organization that has a publicly
accessible, uh, like generally open to the public, um, like
component to it. We would consider funding that like if a
church has a a consignment store or if they run a a
community center that is open and available to anyone in
the community regardless of the status of their faith and
then yes, we would consider it. Does it have to be um,
identified as a not for profit got it. Uh, no,
Oh, they don't they do not need to be identified as a not
for profit. Uh, I we we have projects that are both not for
profit and for profit, so it's not a
uh
No, it doesn't necessarily need to be a for-profit use
within like a profit generating area for the for the for
the church. We would accept things like in the most recent
Round We announced the this Austin Community Center. Um,
the the lead is Stone CDC, which is an explicitly
faith-based organization, but it's a it's a medical
facility that is anchored by Rush and thresholds and then
they have a coffee shop and some office space. So even
though that is a faith-based organization that's backing
it. It's very clearly.
You know open to the public.
Got it. Thank you. And then um regarding the
Uh pre-development grants, which is awesome. Um,
I do have a question.
though if
I have a question because
seed money is hard to come by and so this is a
reimbursement program.
Write a grant. Yeah. Um, if
If they don't qualify for this program because they don't
have that kind of capital to invest in the pre-development
of their ideas. Is there something else? Um,
We're going to be working. We're going to be taking steps
to ensure that that issue that you're talking about is not
a problem. I mean, I think that first and foremost the
reimbursement we're going to try to skinny it to a short as
possible and then um 150,000 dollars is
it's not 5 million dollars and so like the
that is an amount of money that we will be able to work
with our um colleagues and our partners that with cdfis to
to be able to figure out solutions for that in a very like
Programmatic way rather than like a a 1-off project by
project because project by project for lenders. It's very
very different. This is slightly different. And so we're
going to work with with um with those those Partners in
order to make sure that there's a we're solving for the
issue that you're flagging.
thank you, and we have a
You know in our Public Schools, we have over 40 languages
spoken. We have many of our small businesses. They're owned
by locally, um locals and um language access is important
to us and to me, um fortunate because we have Chambers of
Commerce that are very involved and I I um, thank you for
working with our Chambers of Commerce in in that way. Um,
but I understand that your application's have shot up and
so I'm just wondering in the case that Chambers need help
and share Dallas said that your department also helps
directly with people who need help with the grants. Um, are
you can you talk about language access and the um ndpd. Um,
I think that so it once we have all the materials presented
we're going to try to have a
we're going to have we're going to my goal is to put it on
our website that has the the translate functionality. So
there's that we'll also be translating. Um, the the
materials the print materials into a set of you know,
Common the most common languages, um, the application we're
also even willing to have it in other languages as well.
Just the reality of the limitations of my staff and what
they do speak is that submissions will nearly certainly
have to be required to be submitted in English. We just
don't have the ability to to um, I don't have the staff
who's bilingual in in a number of different languages to be
able to do that.
Yeah, I see that generally as an issue across the city. But
um, I'm interested in seeing how we can improve that
because uh
small businesses, um are important in the 48th Warden
across the city and language access is a barrier. Um, yeah,
can you just speak up a little bit?
Yes, thank you. Um, I would like to work on language access
with this department and others across our agencies, uh,
especially in my ward where we have many languages spoken.
Um,
of course, Asian Argyle, but also we have
Just a variety of languages spoken. We would love to have
more um accessibility and maybe we can talk with the um,
With other committees because it's a it's an issue. Um
Yeah, I don't I don't have the answer. I don't have a
question right now. I'm just a little bit frustrated with
that. But thank you. Thank you chair. Thank you Alderman
manol hoppenworth Alderman Rodriguez
Thank you. Madam. Chair just a quick question. Uh, uh.
Tim just on the application increase very impressed with
the number uh of
Applications increasing. I'm just curious. I I was looking
at my email. I couldn't find it. Do we have that breakdown
by that those percent increased breakdown by board?
Uh, I can probably I can pull them. Yeah, I don't have them
immediately available. But I have I I can figure out the
I can figure out something. It's it's just such a good data
point. I just want to see where the city's at. Where where
the that that increase is coming from just to uh, you know
delve that into that deeper, but this is a great effort. I
appreciate um, the explanation and the briefing
You said you get that to us, right? Yes. I'll get you I'll
figure it out up. Thank you. Figure out the breakdown.
Uh, thank you and we'll make sure that every uh, I think
that through the chair request that all the and wagers back
is making which is related to your request as well. Um,
we'll get that to everyone.
Uh, uh Tim, I just wanted to say that I appreciate the
department of Planning and Development streamlining the
program and making it more consistent. Um, I would just
recommend that the next uh level
Of attention is on mostly on the large program where the
underwriting is subject to the discretion of the
department. I would really like to see the department come
up with some general parameters about why something is this
percentage of the total development cost versus something
higher. Um, just so that when you come before us we have a
better rationale for why those decisions are how those
decisions were made.
That's future work.
Um, seeing that there are no other questions. Can I get a
motion to recommend approval of item number 2 on our agenda
today?
So moved by Alderman laspada recommending do pass all those
in favor signify by saying I opposed in the opinion of the
chair the eyes have it and will report the due pass
recommendation out at the next city council meeting item
number 3 on the agenda is the resolution concerning the
authorization of the Chicago Department of Housing to
submit application for the Community Development block
grant Corona virus. Urban shelter program issued by the
Illinois Department of Commerce and Economic Opportunity.
Uh, there are 2 locations in this particular project 1 is
at 1622 North Carolina in the 26th Ward, and the other 1 is
at 8913 South Ashland in the 21st Ward. We're joined today
by Meredith, Mr.
of the Chicago recovery plan manager from the Department of
Housing and Frank Zoo senior recovery manager Grant
operations from OBM.
Good morning city council members of echo.
Thank you to uh, chair Mandell, uh, and the members of the
committee of Finance for having us. We hope you're having a
lovely Monday morning and we're here to present to you on
the
cdbg-cv that stands for Community Development block grant
Corona virus Urban shelter grant application for resolution
Um can move on to the next slide.
So a little bit of context for you all and uh city council.
So the state of Illinois through the Department of Commerce
and Economic Opportunity, uh code named dceo posted a
1-time grant funding opportunity called the cdbg-cv urban
shelter grant, uh program and the focus of this program is
to develop non- congregate shelters in urban areas to spend
coid relief dollars that were issued to the state through
the federal government. Most notably the US Department of
Housing and Urban Development.
On this to that end the city of Chicago through the
Department of Housing will up. Um submit 2 applications
each worth 2 million dollars each for each, uh plan shelter
site, which will be a total of 4 million dollars of State
cdbg funds to help cover Gap financing for the
non-congregate.
Filter program projects as a line per the nofo that stands
for notice of funding opportunity. The following
applications are being proposed listed below. The first 1
is 8913 South Ashland, riha, uh rehabilitation in
partnership with unity parenting and counseling
Incorporated and the second application is 1622, North
California, uh rehabilitation in partnership with lacasa
Norte.
The grant notice of funding opportunity requires that the
applicants for these seek authorization and a resolution of
support from the late legislative body of the city, um in
support of the application to be considered for funding
so a little bit of background about this grant, um, in
february of this year dco posted this 1-time funding
opportunity to essentially fund non-congregate shelters and
Acquisitions Rehabilitation construction and other Capital
Improvement activities for shelters in urban areas as a way
to spend down coid relief funds issued by the federal
government.
this opportunity is specifically for Capital infrastructure
improvements and to supplement existing funds and projects
that exist. Um with up the maximum award for each Grant is
$2 million and local governments are eligible to apply and
these funds must go towards shelter acquisition and rehab
that support positive Health, um, and well-being outcomes
as related to the co 19 pandemic.
The nofo or notice of funding opportunity requires that
applicants also seek authorization from the legislative
body of the applicant in order to be considered, um for the
grant additionally, um, there's also a requirement around
public a public hearing which has already been run and uh
Community engagement regarding both shelter proposals have
already taken place, um in partnership with each of the
respective authors offices,
Um, I will pass it to my colleague Meredith to speak more
towards a specific program and the project scopes.
Thank you.
Frank
uh
For the record of Meredith Muer with the Department of
Housing. Can you hear me?
Yes.
Is this working? Okay, there we go. Um, thank you chair
dowel and finance committee for having us here today as
Frank mentioned. Uh, we have been working on applications
for the state's DC dceo Urban shelter grant because of the
size of the grant funding opportunity, uh here, um in
partnership with OBM Doh dfss, and the mayor's office. We
worked to determine shelters that are amid the Doh non-
congregate shelter acquisition program process to submit
for application to this opportunity.
So as a reminder that program is aiming to transition
approximately 300 congregate shelter beds in the city's
shelter system into non- congregate settings across
multiple facilities in partnership with dfss.
Our intention is that this program, uh focuses on Capital
expenditures for acquisition and Rehab of new properties to
be used as non-congregate shelter this model follows the
model of Hotel 166 which was a a non- congregate shelter
during the height of the co 19 pandemic that proved through
study that outcomes for people experiencing homelessness
were improved both on the health front and uh in terms of
long-term permanent housing
Uh based on the sort of setup of non-congregate shelter,
which is US sort of.
Single or small group of people staying in a room as
compared to a large number of people living in a single
room.
We selected do selected grantee finalists through an RFP
and to date 1 of those grantees has closed on their new
acquisition the other 4 accounted for are in the middle of
the acquisition zoning and due diligence processes based on
the criteria of this grant opportunity and the size of
funding and funding available. Um, we are proceeding with
applications for 2 of those 4 grantees for additional funds
through this grant opportunity to support the renovations
for their project through the snowfall.
I will give a quick overview of the 2 projects that are
being proposed. The first is at 1622 North Carolina. The
grantee finalist is La Casa Norte.
Uh, this will be a shelter for youth experiencing
homelessness youth aged 18 to 24. Uh, lacasa Norte will be
speaking to established 43 non-congregate shelter beds in
this new space. They have completed Community engagement
and partnership with Alder Fuentes, uh office at the
beginning of this year. They are planned to go before the
zoning board of appeals this month for special use for
transitional shelter. They are seeking to acquire the site
before the year is out. Um, and if a word of these funds
construction would take place in 2025.
Uh, there's a sort of tentative budget, uh on the screen at
the moment. We would apply the million dollar Grant if
awarded from the state towards the construction costs for
this project.
The second site being proposed is at 8913 South Ashland
with our grantee finalist partner Unity parenting and
counseling. This is in the 21st board Washington Heights
community area Alderman Mosley.
Again, this is a Youth Shelter. Um.
This was sort of happen stance and not intentional but both
shelters are being proposed for uh youth they'll be
planning to establish a 27 non-congregate shelter bed
count, uh space in this new facility.
similarly at the end of last year Community engagement was
completed in the 21st ward in partnership with alerin
Mosley this this project plans to go before the zoning
board of appeals this fall. So in 1 of the upcoming couple
of sessions of this the zba.
Planning for acquisition either at the end of this year or
early next year depending on timing and alignment with this
grant opportunity and construction next year.
again, sort of a tentative as it stands today budget with
the goal of this 2 million dollars of cdbg CV State funds
if awarded going towards the construction costs for the
project.
In terms of benefits for Chicagoans. I talked a little bit
about this briefly, but this will result in both improved
and increased shelter bed capacity across the whole non-
congregate shelter acquisition program the city expects to
see shelter capacity increase by up to 60 beds. Um,
With the goal of this program transitioning existing
shelters into new spaces. The sort of added beds comes
along with the spaces and buildings that are being um
procured through this program.
I mentioned this before but previous research on non-
congregate shelter has shown that there's been reduction in
things like blood pressure blood pressure and blood sugar
levels, uh, increased initiation, um on medications for
mental health and substance use and increased connections
to Social Services.
Uh residences, well, we're connected to long-term housing
at an increased rate in comparison to congregate shelters.
And the the goal of this increased shelter bed capacity and
outcomes means that there's a reduction in the number of
people staying in places that are not meant for human
habitation and improved long-term stability for people who
are served by a shelter providers.
Or requested action here today is approval by this body for
the cdbg-cv urban shelter grant resolution that authorized
do to apply for the funding from the Illinois Department of
Commerce and Economic Opportunity to support Chicago's
experiencing homelessness.
Thank you. We're happy to answer any questions. Thank you
very much. We do have letters of support from uh, Alderman
Fuentes and Alderman Mosley on this project. Uh, seeing
that there are no questions on this Alderman Curtis moves
due pass all those in favor signify by saying I opposed in
the opinion of the chair the eyes have it and this item
will be reported out at the next city council meeting.
Thank you very much for your presentation today.
Item number 4 is a proposed ordinance authorizing the
payment of various small claims against the city of
Chicago. This is the direct introduction. Um, and that list
of payments was sent electronically to everyone if there
are no objections. These will be placed in the Omnibus item
number 5 is uh, miscellaneous the proposed ordinance
denying the payment of various small claims against the
city of Chicago again, this was a direct introduction and
the list of payments was sent electronically to everyone if
there are no objections. These will be placed in the
Omnibus. We will move to item number 6, which is for 4
proposed orders authorizing charitable solicitation on the
public way tag day permits.
Um also with direct introduction from the Illinois State
Council Knights of Columbus Charity Citywide for september
12th through 15, 2024 and september 19th through 22 2024.
We also have tagged day permits for the National autobahnd
Society, uh for July 17 2024 through June 30th, 2025, uh,
and the American civil liberties Union Citywide for August
1st 2024 through December 31st, 2024 and finally Planned
Parenthood Federation of America for August 15th, 2024
through December 31st, 2024. If there are no objections,
these will be placed on the Omnibus.
Item number 7 is from the Department of Law trans, um
meeting reports of cases in which verdicts judgements are
settlements were entered into for the month of June 2024.
These reports were also sent electronically to everyone and
if there are no objections, we will file them with the city
clerk's office.
Item number 8 is from the Department of Law. Um, we have 4
proposed orders authorizing The Corporation Council to
enter into and execute settlement orders.
Um for the following cases, uh, the first 1 will consider
today is 8A Melissa najera special representative for
deceased plaintiff Alfonso Paul cazares versus City of
Chicago at all for an amount of 410 dollars. We're joined
by Deputy Corporation Council Carolyn fransic.
Good morning, everyone. I'm here to present the case of
Melissa Nair a special representative for the deceased
plan. If Alonso casseres versus officer Luis Garcia manual
garon Sergeant Kevin rake and the city of Chicago.
Alfonso Paul caseras filed a lawsuit in federal court
against officers Louie Garcia and manual garan and Sergeant
Kevin rake alleging. He was placed in an unlawful Chokehold
by Officer Garcia and the chorus of an unlawful arrest on
May 31st of 2019.
the incident which was partially captured on video resulted
in an extensive investigation by Coppa and referral to the
Chicago Police board, which resulted in defendant Garcia's
termination from the Chicago Police Department. Defendant.
Garcia was also charged by the Cook County State's
Attorney's office with official misconduct. He was found
not guilty following a bench trial Mr. Caceres was charged
with resisting or obstructing a police officer obstruction
of traffic and
Battery as a result of the incident on May 31st of 2019. His
His criminal case was resolved by plea agreement in which
he plead guilty to resisting or obstructing a police
officer and the state's attorney dismissed the remaining
charges.
The plaintiff has alleging claims of excessive force
against defendant officers Garcia and Jaron unreasonable
denial of Medical Care against Garcia and guran and
Sergeant rake conspiracy to deprive constitutional rights
against individual defendants a failure to intervene
against defendants Garcia and guran and in section 1983
monell policy and practice claim against the city of
Chicago.
On November 23rd 2022 during the pendency of the lawsuit
Mr. Caseras was killed in an unrelated hit and run accident
his cousin plane of Melissa and Jer had been appointed to
the rep be special representative as a state for purposes
of this lawsuit and a state has now been open in Cook
County Circuit Court for the purpose of administrating any
proceeds from this lawsuit the Law Department recommends
settlement in the amount of 410 dollars.
The facts of the case are these on May 31st of 2019 Mr.
Caceres was intoxicated in the middle of the street near a
bus stop on the far East Side of Chicago officer garan's
body worn camera was activated as the officer's approach
Miss caerus and their squad car to question him about his
actions in the street. The 2 officers are seen exiting the
squad as they continue to question, Mr. Caseras Officer,
Jaron retrieved, uh, Mr. Caceres driver's license then
returned to the squad car to run caceres information while
officer gone was in the squad the video captured officer
Garcia handcuffing and arresting caseras Republic
intoxication without incident moment later gar caseras and
Garcia are seen on the body worn camera video engaged in a
heated Mutual verbal altercation in the front of the squad
car officer guran then exited the passenger side of the
vehicle.
officer guran and Garcia are observed in the body worn
camera video walking caseras to the back passenger side of
the squad officer guran then walked around the back of the
squad and opened the rear driver's side door at that time
as captured by Officer guan's bodyworn camera, Mr. Caseras
was on his back Laying across the bench seat handcuffed
officer. Garcia was on top of caseras at that time with
both of his hands by caseras neck area during the transport
caseros leaned forward and attempted to bite officer
Garcia's ear in response officer. Garcia used an elbow
strike in self-defense. The officer's briefly pulled over
the squad at some point on route to evaluate Mr.
Ceres's injuries. They determined he was not in need of
medical attention.
The video evidence in this case strongly just supports
that. Um defendant Garcia used to choke. Hold on Mr.
Caseras. Um, Mr. Cassar or Mr. Garcia was ultimately
terminated from the Chicago Police Department due to the
police board's finding that the use of the Chokehold was
unlawful.
Uh further a bloody mouth wound is visible and Mr. Casseres
is booking photo as well as a separate body warning camera
reflecting Mr. Cassar is transport to the hospital in the
back of an ambulance.
As far as damages the plaintiff would seek psychological
damages for paranoia depression and post-traumatic stress
that Mr. Caceras alleged he suffered from the incident of
May of 2019 until his death in November in 2022 playing a
physical injury was a lip laceration from defendant
Garcia's elbow strike, which was treated in the hospital
with stitches. If this case were to go to trial and the
defendant City and the officers would lose this on a
verdict against them. Um,
Attorney's fees in this case would exceed dollars.
Therefore the Law Department recommends settlement the
amount of 410,000 and a cost-saving effort of for the city
of Chicago.
thank you miss fronek any questions for members of the
Council committee
Seeing no Alderman spaz.
Thank you. Madam. Chair. I can't break my record for
Caroline stock. Just 1 question Caroline. Did you say it
was also illegal arrest?
Well, Mr. Caseras alleged the arrest was unlawful, but he
did plead guilty to a resisting or obstructing so likely
that would claim would not survive summary judgement.
Okay. Thank you. Thank you madam chair.
is there a motion to recommend approval of item number 8 a
So moved by Alderman Moore recommending do pass all those
in favor signify by saying I I opposed and the opinion of
the chair of the I have it and the do pass recommendation
will be reported out at the next city council meeting.
Thank you Carolyn. Um, the next case will be reported by
uh,
Miss uh Margaret mendenhal Casey. Um, it is the case of
Mary reading as special administrator of the estate of Dana
Hubbert deceased versus the city of Chicago in the amount
of 2.5 million.
Thank you chair.
This case involves a police pursuit in which an innocent
civilians car was struck by a car that was fleeing from
officer tumultuous.
Dana hubber died as a result of the accident the Department
of Law recommends settlement in the amount of 2.5 million.
On April 18th of 2019 officer tumultuous ran the license
plate of a charger driven by Clarence Hebron and learned
that it was a felonious vehicle.
Officer tumultuous along with 3 additional CPD units
attempted to conduct a traffic stop.
the charge or fled the scene followed by the 4 CP units
the charger fled for a total of 22 seconds over a distance
of 3/8 of a mile.
The charger reached a top speed of 84 miles per hour while
the CPD units reached a top speed of 69 miles per hour.
Finally at the intersection of 59th and normal the charge
was struck a car occupied by Dana hubard an innocent.
Civilian.
The plaintiff alleges that the officers willfully and
wantley pursue the charger and violation of the general
orders.
Offender Hebron was charged with a felony stemming from
this incident.
At the time of the accident the charger was wanted by
Riverdale police as offender Hebron used the charger to
flee a domestic battery.
The officers knew the charger was associated with the
founding, but did not know the exact nature of the felony.
The charger was uninsured at the time of this incident
officers were not aware that offender Hebron was on bond
for gun charges.
Dana hubard was found unresponsive at the scene had to be
extracted from her car and was rushed to the hospital.
She suffered a severed spine in bleeding in her brain. She
never regained Consciousness and died 6 days after the
accident.
Her medical bills are 400000000.
Was a single parent Raising a Son Zion between 8 and 9
years old. She worked for the Post Office and her expert
values her loss earning potential at 1.8 million. Therefore
there's a total of 2.2 million dollars in economic damages
in the record.
While the officers deny pursuing the plaintiff will attempt
to use multiple Undisputed attacks to refute this claim 8
officers and 4 squad cars accelerated after the offender
and accelerating the officers reached speeds twice the
legal limit at the time of the accident. The officers were
a mere 450 ft behind offender Hebron.
The plaintiff will argue that the officers violated the
general orders by caravanning or pursuing with more than 2
police cars.
They are also argued that the general orders were violated
by failing to keep license Sirens activated licensed Sirens
that may have worn Dana about the approach of police.
The jury May a portion fall between the city and offender
Hebron as we've discussed before under Illinois Law a party
found responsible for any percentage of fault is
responsible for all of plaintiff's loss earnings and
medical bills, which are valued at 2.2 million dollars in
this case.
Thus if the city is found even 1% responsible. It will be
required to pay 2.2 million at the minimum. The Department
of Law, therefore recommends settlements in the amount of
2.5 million.
Thank you, Miss. Menen Hall Casey, uh any questions from
members of the committee?
Alderman spaz
Thank you. Madam. Chair. I noticed Margaret was looking
right at me when you were asking if there's going to be any
questions or not. So I saw you raise your hand. Uh, just a
question something 1 thing's a little confusing and of
course I support it but
the chase went on for less than half a was a half a block
or half a mile. Did you say 38 of a black or a 38 of a
mile? Okay. Alright. Okay that explains me how they got
going that fast. And because I was a little I thought I
missed urging you said half of my okay. Thank you. That's
it. Thank you madam chair. Thank you alderman pisado.
Alderman Hopkins follow I'm sorry Vice chair Conway. Did
you have your hand up? No, I I was merely noting that
Hopkins and had didn't really get that hand up there
Hopkins followed by Alderman Quinn.
No, I was just going to move approval if there were no
further questions. Okay, hold it 1 second Alderman Quinn.
Um, I haven't made the motion yet. But uh got you uh
Alderman Hopkins, are there any other questions from
members of the committee seeing none? No other questions
Alderman Hopkins recommends do pass all those in favor
signify by saying I with the exception of all them and
Quinn who wants to be recorded as opposed. All right.
All those opposed in the opinion of the chair of the eyes
have it the due pass recommendation will be reported out at
the next city council meeting.
Uh, the third uh case we have today HC is VZ versus City of
Chicago at all in the amount of 7.6 million. And for this
case. We're joined by Deputy Corporation Council Jessica
Felker.
Good morning.
Still mourning 1 minute to afternoon. Very good. I was
wondering okay, um as the chair said this is John veasey
versus City, uh, the Department of Law in this case
recommends settling this reverse conviction lawsuit for 7.6
million.
Uh, the plaintiff John vez was convicted in 2002 of the
2001 murder of Anthony huanca, the Les spent 1 and a half
years in pre-trial detention before his trial in an
additional 15 years in custody after he was convicted.
Until 2017 when his conviction was vacated and the charges
were dismissed against him.
Anthony Hanka a member of the Latin Kings was fatally shot
by 2 individuals in a gang-related shooting on March 19th,
2001 near a nightclub at Marshall Boulevard in sirach Road.
Before the shooting 3 individuals in a car were held by
gunpoint by the perpetrators and their friend had exited
the vehicle and was on the street during the shooting.
Based on gang names shouted by the perpetrators the
evidence pointed to the sh shooting being an attack on the
Latin King by members of the set Satan Disciples.
During the CPD investigation 1 of the witnesses came into
the area for headquarters to be interviewed. Coincidentally
Beezy was at the station looking for a friend in custody.
The Les had been the victim of a drive by shooting himself.
1 of the detectives assigned to the huana murder detective
Bardot was also assigned to investigate that drive by
shooting.
Targeting he spoke to Valles to gather more information on
that shooting and then pulled his mug shot for the police
report to verify the lessa's identification and using the
use the identifying information from the mugshot to write
the report.
Detective Ricardo put a mug shot of Alles in his clipboard
and then went to the interview. It went to interview 1 of
the Witnesses in the huanca murder.
Detective picardo reported that when he opened the
clipboard to interview the witness the witness
spontaneously identified as 1 of the shooters eventually
that led to having all 4 Witnesses at the scene. Look at
the photo arrays Andor live line up with the Les in it and
all 4 Witnesses identified the Les in the lineup. Although
there are disputes about the reliability of those
identifications.
The Les was then arrested and in an interview. He admitted
that he was a Satan disciple.
Les however disputes that he said anything further 1 piece
of evidence that tied vests to the crime had to do with an
incident shortly after Hank's murder.
Les's girlfriend had been shot visiting the grave site of
the lesa's uncle the lesa's uncle was killed approximately
a year before he went was murdered detectives reported that
the Les told him.
That told them uh, Latin King had shot his uncle who was a
Satan disciple. They further reported that the Les said his
girlfriend was shot by Latin Kings the last night saying
any of that.
Cook County Sheriff's officers reported that while in the
hospital visiting his girlfriend Valles told her that she
was shot because of something he did after an interview by
the detectives, uh, assistant State's Attorney interviewed
his girlfriend and she signed a statement that Valles
admitted that she was shot because a member of the Latin
King shot someone at 21st and Marshall.
The last was charged and proceeded to trial for Witnesses
identified Valles and his girlfriend testified but denied
that she ever had reason to believe that Valles shot huena
the prosecutor. However, spoke of the handwritten statement
ves's girlfriend had given and stated. It was an admission
by Valles of guilt.
This evidence was hearsay a jury found Valles guilty in
October 2002 in December 2017. Then the state's attorney
agreed to vacate vesa's conviction and dismiss the charges
but as it had argued that his conviction should be vacated
because among other reasons 1 of the witnesses cousins said
the witness falsely implicated vests.
And because his attorney was ineffective because the
attorney not only failed to introduce evidence of vesa's
Alibi, which vests says that he was doing laundry with his
cousin at the time.
The attorney also failed to present evidence of the lesses
knee injury that the Les claims would have prevented him
from running away from the scene.
Like it was described by the witnesses the attorney also
failed to object to the prosecutor's impermissible use of
the girlfriend's statement at trial.
The State's Attorney's office said it determined
constitutional violations occurred at trial and so it was
willing to vacate the conviction and dismiss the charges
the Les never saw a certificate of Innocence.
In 2018, he filed this suit alleging that along with the
Cook County Sheriff's officers and the state's attorney.
CPD officers con. Uh, excuse me, cpd's officers misconduct
will resulted in his wrongful conviction. He claimed that
the officers fabricated the identification by zeze by 2 of
the witnesses. Well as also contends that the
identification from the clipboard was a sham and his own
statement was fabricated. Well as his cousin testified that
he had an alibi. He was doing laundry with her at his
aunt's house at the time of the murder.
In this lawsuit 2 of the witnesses to the shooting were not
located or properly served for depositions the other 2
ident testified in their depositions in this case that 1
and 1 of those 2 Witnesses stood by her identification and
testified that she was not pressured by police to identify
the less.
There were some inconsistencies in her testimony. However,
the witness who testified at trial that he identified VZ
from the clipboard testified in this case that he lied to
trial and that he identified the last looking at a a game
book looking at game book photos. Not the clipboard. He
also testified that he when he viewed the live lineup. He
had brought a photo of the Les with him and when he could
not tell
Who in the lineup match the photo and offers are told him
which man in the lineup matched the photo? However, that
Winners also does stand by his identification of the Les as
the shooter.
2 Cousins of 1 of the witnesses who was not deposed
testified in his case as well. They said that their cousin
admitted that he falsely identified fletes 1 of the cousins
also testified that he was at the crime scene when the
murder happened and he knew it wasn't Bes but IDE records
show that this cousin was in prison at the time of the
shooting.
The city moved for summary judgement and was able to get
several claims and 9 officers dismissed from the lawsuit.
The Court ruled that there was probable cause to prosecute
the laws. However, the fabrication claims remain as well as
a monell claim against the city that is policy and practice
of failing to discipline officers. The court is allowing
those claim against the officers to be tried with those
against the city if the city lost the monell claim that
trial plaintiff would try to use that verdict against the
city and future lawsuits.
As well as any verdict against the officers in any
lawsuits. They may be named in trying a monell claim with
the claims against the officers presents the danger of the
officers being found liable by association. The same is
true of the claim against the city the jury hears evidence
that the city's policy of discipline were inadequate and
assume that means the officers committed the misconduct
alleged.
Conversely the city the jury hears that the officers may
have committed misconduct and assume that the city's
policies were inadequate.
ZZ initially asked for 14.25 million to settle against the
city, but the city was able to negotiate down to 7.6
million for his 15 years of incarceration after the
approximately 500,000 dollars per year of incarceration the
county settled for 2.4 million not long before the city
reached its settlement.
At this point of the litigation if it does not settle, we
will proceed to trial a trial date had been set for July.
There's a large Financial Risk of proceeding to trial here
besa's attorneys historically have asked for 1 to 2 million
per year of incarceration at other trials. They've tried
Which in this case would be the equivalent of 15 to 30
million if the Les is successful at trial in addition to
those damages. He will be entitled to attorney's fees,
which likely would be in the range of 3 to 4 million.
Given the risk and to avoid negative precedent the city
recommends settling for 7.6 million.
Thank you. Thank you Jessica feler. Um Vice chair Conway.
Um
just to ask some some clarifying questions after the um
The the now plane if was found guilty in the first trial.
Uh, did you say that multiple Witnesses still stand by
their their identification that they made a trial?
So 2 Witnesses still stand by their identification 2 of the
other Witnesses could not be found for deposition. Um, so
if they were found before trial, we don't necessarily know
what they would say, um, the 1 Witnesses who stood by his
identification. However said that the clipboard in incident
was a lie and that he identified the LZ from of gang photo
book and that he was told that the LZ matched the photo
that he happened to have in his hand during the lineup.
So that so wait so 1 of those Witnesses who did not recant.
Instead that the detective did not have a picture of the
plaintiff on his clipboard. Uh, he said that he did not
identify the plaintiff from the clipboard that he was given
a photo book of gang members and that's where he saw the
Les and identified him do um,
There and you said that there was no certificate of
Innocence sought in this case. That's correct.
Um, and and this conviction just was vacated in 2017. Is
that right? That's correct.
um
now the 2.4 million the the the county settled for is that
did that have something to do with the county sheriff's
that were involved later in the case or the county
sheriff's were named as well as an assistant States
Attorney who was the felony review attorney?
Got it. Okay. Um.
You know Madam chairwoman, you know to be fiscally
responsible. We always have to make difficult choices here
as a city and in a situation where
we have no certificate of wi of uh of Innocence multiple
Witnesses who stand by their initial, uh identification a
settlement that if you include the county half of the
settlement is is in excess of 600 dollars a year, um, which
seems, you know outside the level of precedent. If you
could please put me as a note to this. Thank you.
Thank you Alderman Conway Alderman spaz followed by
Alderman waguespack. Thank you. Madam. Chair, good
afternoon, Jessica couple questions. Um, so I I think you
said that that that the witnesses credibility was disputed
and that was by who
So more witnesses that was so so there's 4 Witnesses 2 of
them couldn't be located for depositions. Um, and then 2 of
them were deposed, um, obviously the witness who said he
lied at trial his credibility is going to be disputed and
then the second witness, um did have some inconsistencies
with her prior testimony. The plaintiff will also have an
expert witness to say that eyewitness identifications are
unreliable and it's likely that they could not have seen
uh, what could not have identified Valles correctly. Um,
and then again that 1 witness who couldn't be found his
cousins did testify that he uh made up the identification.
So he said he lied or did he say he stands by what he said?
So that witness was not located. It's only his cousins who
came forward to testify and said that he told them he made
up the identification the 9 officers you said they were
dismissed not fired meaning dismissed from any correct
dismissed from liability. They they no longer in this
lawsuit. Did any officers going to need discipline for
this?
No, this happened in 2001. And so
a jury of his peers found him guilty or there's 4
Witnesses.
but yet he's getting
2 and a half in the county and 7 and a half from us. I
stand with my colleague. I have to be a no on this 1 also.
So thank you very much Jessica. I appreciate you madam
chair. Can you put me down as a no also? Yes. Thank you
Alderman, pisado. Uh, Jessica. Can you tell me who's the
responsible party for actually trying to locate locate
Witnesses? What's the process for that? So the attorneys
from uh from both sides look try to locate Witnesses and
they have to serve them, uh to be deposed and so 1 of the
witnesses could not be located despite every effort made
and by both sides, I believe and another witness could not
be served properly.
Could not be served properly, but we know where he is. Um,
I'm not sure of the details of we thought we knew where
that person was, but they weren't there or if we were
unable to just uh, perfect service.
Okay, thank you. Uh Alderman wages back followed by
Alderman Scott.
Thank you chairman. Um Jessica over here, um, you mentioned
the felony review attorney and the sheriff's that were
involved. This is on the C. These are the people that were
involved on the county side and what claim did the
plaintiff's attorney make against the county on both or
both of those claims and um,
What do you know what they and also do you know what they
originally asked the county for?
No idea what they originally asked the county for. Um.
Does not disclose that and neither did the plaintiffs.
Um as far as what the claims were.
To begin with against the county. I think I might have
those.
So I can tell you what happened after summary judgement
what claims remained against the county and they uh settled
after summary judgement.
So the fabrication of evidence claim remained against
County defendants.
And the federal conspiracy claim remained against County
defendants.
and intentional infliction of emotional distress
state law conspiracy and then indemnification against the
county.
And ours was just the monell claim and what or what else?
no ours was the fabrication of evidence the Brady violations
violations that were alleged, uh Federal conspiracy failure
to intervene.
And then monel infliction of emotional distress intentional
Affliction emotional stress responding at Superior State
law conspiracy and identification.
and um
I know you've told us in the past. So the felony review
attorney is the 1 who looks at all the evidence that was
presented by our department.
and decides okay, everything that they've given us is
uh, correct and I can move forward on this prosecution.
So in general the assistant States Attorney who's in the
felony review? Yes does look at what the detectives
collected and considers that but and most cases and in this
case the assistant State's Attorney participated in
interviews and took handwritten statements by some of the
witnesses.
So they were pretty heavily involved. Yes. Um
and
was this the type of case that?
uh, I mean just looking at the background that the
assistant State's Attorney handled themselves or did this
go up to the
state's attorney all the way to the top because of the uh,
the type of case or the type of
um claims and also, um
Maybe who the uh plaintiffs attorneys were.
Um, I
hesitate to speak on behalf of the county and their legal
representation, but they did have um, they were
represented, uh, by outside counsel, uh that the county
hired and so who decides uh this if you're asking who
decided to settle and the settlement amount, uh, that's
that's not disclosed to me. Yeah. No, I was I was thinking
more of um,
is this the type of case that would go all the way to the
uh top at the State's Attorney's office so that they would
look at the case review it and say
Right. This is you did the right job here to the assistant
State's Attorney more along that line.
Yeah, I have no idea. Okay.
Um, no, I just found it interesting that they also then did
in about face and did the certificate of Innocence.
Is that right? No, there was no certificate of Innocence
thought yeah. Okay, not sought
okay.
um
And who's the plaintiff's attorney?
Lobby and Lobby. Oh
Okay. Thank you madam chair.
Thank you. Alderman waguespack Alderman Scott.
I just wanted to be recorded as a no.
Any other questions Alderman Reilly?
Move the previous question and ask for a roll call vote. I
had planned to do a roll call vote. That's why I have my
little sheet here fantastic. Um, so we will start with the
Roll Call.
um Vice chair Conway
alderman laspata
Alderman Hopkins Alderman Hall Alderman Mitchell
Alderman Harris Alderman Bill Alderman Lee
Alderman Ramirez
Alderman Quinn
Alderman Lopez Alderman Moore
Alderman Curtis
Alderman OSHA
Alderman Taylor know
Alderman Mosley
Alderman Rodriguez Alderman Scott
Alderman CEO Lopez Alderman Bernett Alderman Ervin
all the mentality of pharaoh
Alderman wages back
Alderman Rodriguez Sanchez
Alderman Ramirez Rosa
alderman viegas
Alderman mitts
alderman spazo
Alderman Reilly
alderman, kuden
I'm sorry, Allan Vasquez I missed him.
Uh, you're a yes almond Harris.
Alderman Martin
Alderman Silverstein
Alderman mitts
Okay.
um anyone I miss Alderman Le Spa
Lopez votes I
where
and Emma Alderman mitz was a yes.
Rodriguez is a yes
Alderman Vasquez
Is an i.
ramir Alderman Ramirez Rosa
Alderman Ramirez Rosa, he didn't vote
chairman dowel is a no.
Um
Alderman Cardona
Okay, the roll call vote is uh 9 yay and 14, uh knows. Uh,
so this item does not pass and we'll move on to item.
8 D Madam chair, I'd like to vote Yes. This is Carlos
Ramirez, Rosa. Okay.
I I closed the vote. I called you twice.
Um, we'll move on to item 8 D.
Livingston at all versus City of Chicago Griffin versus
City of Chicago in the amount of 11.25 million, um for this
case, it will be reported out by Deputy Corporation Council
can Roebling Mr. Roebling.
Good afternoon, chairwoman Dal members of the finance
committee. My name is Ken Roebling. I'm the deputy of the
employment litigation division of the city's Department of
Law.
The Department of Law is recommending global settlement of
employment discrimination claims filed by 11 current and
former female employees of the Chicago Fire Department in
the amount of 11.25 million. The settlement will resolve 2
Federal discrimination lawsuits. The first is Livingston
verse the city of Chicago a gender discrimination case and
a related disability discrimination case filed by 1 of the
Livingston plaintiffs.
The Livingston lawsuit was filed in 2016 by 11 women who
were terminated from the paramedic training academy for
failing certain physical tests that were in use at the
time. They bring gender discrimination claims under title 7
the Illinois Civil Rights Act and the equal protection
clause.
all 11
to graduate from the academy at the time candidates were
required to pass 2 physical tests.
The first test was called the step test this test required
candidates to hold 2, 25 pound weights and step up and down
from an 18-inch box for 2 minutes to the beat of a
metronome without missing Cadence for 2 consecutive Beats.
The second test was called the chair test. It required a
candidate and a partner to carry a 250 pound mannequin up
and down flights of stairs without touching down except on
the landing between flights.
The fire department had been using both of these exercises
prior to 2014 but never as a graduation Academy
requirement.
Prior to 2014 the step test was used at the Academy as a
fitness exercise for endurance purposes only. It was never
scored and candidates were never required to meet a certain
standard to graduate in addition. The Box previously used
as a fitness exercise was only 9 inches high, but in 2014,
the decision was made to increase the height to 18 inches.
Women failed both tests at a much higher rate than men and
only women were terminated from the academy for failing to
pass these tests approximately 67% of women failed the step
test compared to only 7% of men approximately 43% of women
failed the chair tests compared to less than
2% of men
the plaintiffs at trial will seek to hold the city liable
for gender discrimination under 2 separate theories. The
first theory is intentional discrimination under this
Theory plaintiffs intend to prove that the physical tests
were made more difficult in 2014 and became a graduation
requirement specifically to limit the number of women
becoming paramedics.
The second theory is called adverse impact adverse impact
is a way to prove discrimination without evidence of actual
intent to discriminate adverse impact refers to Employment
Practices that appear neutral but have a discriminatory
effect on a protected group in this case women.
If the selection rate for a protected group is less than 4
fifths or 80% of the most successful group legally
significant adverse impact is established. Once adverse
impact is established and employer can avoid liability only
by showing that the practice at issue is directly related
to the essential job functions. And there were no less
discriminatory Alternatives that could use to higher
qualified candidates.
After 2015 the fire department stopped using these tests as
a condition of graduation 5 of the 11 plaintiffs were later
rehired between 2017 and 2019 were now required to complete
these tests the second time through the academy and are
successfully working for the fire department today.
This case is set for a 6-week jury trial to begin in
October the parties attended voluntary mediation earlier
this year and reached a global settlement to resolve all
claims including attorneys fees for 11.25 million pending
city council approval. The law department is recommending
this settlement to mitigate the significant financial
exposure to the city if it loses at trial based on all the
evidence that will be presented. We believe the plaintiffs
are very likely to Prevail at trial under 1 or both of
their theories.
as for the adverse impact Theory plaintiffs already
established that the physical test violate the 4 fifths
Rule and had an adverse impact against women at trial they
will seek to prove the physical tests were not job related
and the evidence they will introduce to prove this point is
as follows.
The equal employment opportunity commission has published
guidelines for how employers need to properly validate
employment testing the guidelines provide that a selection
process that has an adverse act adverse impact is per se
unlawful unless the process has been properly validated
under the guidelines the city did not validate either the
physical.
Test before using them as a graduation requirement.
At trial the jury will hear the city knew well about the
legal requirements that employment tests must be validated
in 2014 due to Prior litigation that had been filed against
the city.
The department had previously used a testing consultant who
was a leader in the field of industrial and occupational
psychology to validate the pre-employment testing that's
currently being used for firefighter and paramedic
candidates today.
The city's former testing consultant gave a deposition in
the Livingston case and will tell the jury that 1 she could
not validate the step test to in her opinion. It did not
reflect the job requirements of a paramedic and 3 she would
recommend that the fire department not use it as part of
the hiring process.
In addition the plaintiffs will introduce evidence that
there was a disconnect at the fire department between the
reason for increasing the height of the step and how it was
ultimately used a fitness quarter at the Academy made a
decision to increase the height of the step, but he
testified in the case that he did so for fitness and
conditioned purposes only in addition a deputy chief in
charge of the Personnel division testified that he raised
concerns about the extreme nature of the tests and the
tests have been implemented internally without any science.
The department ultimately decided to use the tests as a
graduation requirement. Anyway, based on this testimony of
the city prior testing consultant the testimony of various
Fire Department officials. We believe the plaintiffs would
likely Prevail on the adverse impact Theory at trial.
as for their intentional discrimination claim liability
turns on whether a jury believes the fire department
implemented the tests and made them a graduation
requirement to limit the number of women who could join the
fire department. There's no direct evidence that the city
intended to discriminate against women at trial however,
planets will offer offer several pieces of circumstantial
evidence of gender bias to prove their claims.
First they will rely on the timing of the changes made to
the step test and the decision to require completion as a
condition of graduation.
The fire department made these decisions around the same
time that 36 female plaintiffs from another gender
discrimination lawsuit were entering the firefighter
Academy as part of a settlement reached in that prior case.
The prior lawsuit was filed in 2011 by 9 female
firefighters who were denied employment for failing the
pre-employment physical ability test.
As part of the settlement the city agreed to adopt and
properly validate a new pre-employment physical test. The
Livingston plaintiffs were among the first to take the new
validated entrance exam and they will point to the timing
of the new entrance exam and the changes at the Academy to
argue that once the department could no longer eliminate
women on the front end before joining the academy it began
using tests at the Academy to do so.
Finally, the plaintiffs will introduce evidence that a male
candidate received favorable treatment more favorable
treatment than female candidates in connection with
academic testing candidates must maintain an 80% average on
academic exams in order to graduate. The jury will hear
that 1 male candidate with failing grades somehow received
extra points and was able to graduate from the academy. The
male candidate's paper exam showed that he answered only
78% of the questions correctly, but when his score was
entered into a computer database, it was entered at 83%
giving him the exact 80% needed to graduate. None of the
female candidates below the 80% threshold received
additional points allowing them to graduate.
Based on the evidence. The jury will hear about the timing
of the changes made to the tests. The decisions to require
completion for the first time as a condition of graduation
and the great inflation that occurred for a male candidate.
We believe a jury will likely find in favor of the
plaintiffs on their intentional discrimination claim.
Finally, I want to touch briefly On a related claim filed
by 1 of the plaintiffs in the Livingston case Donna Griffin
who filed a separate disability discrimination lawsuit
stemming from her performance on 1 of the physical tests
during the testing she suffered a permanent hip injury for
ultimately, uh for which she ultimately needed surgery and
later was diagnosed with some medical conditions and
prescribed medications to help her sleep. She was later
deemed by cfds medical examiner is unfit for Duty. However,
the Department's director did not conduct an individualized
evaluation of Griffin in person prior to making his medical
assessment, which is required under the Americans with
Disability Act.
Plaintiff will also introduce the testimony of her own
treating physician and an addiction psychiatrist both of
whom offered opinions to the fire department that they
believed that Griffin was physically capable of safely
performing The Essential functions of the job. We do have
good arguments on this related case, but based on
conflicting medical opinions a jury May well find in favor
of Griffin on her disability claim.
Finally the potential exposure to the city in this case is
significant the plaintiff's last demand from n November of
2023 identified potential exposure through expert witness
testimony at 33.5 million, excluding their attorneys fees,
but offered to settle all claims for 24.6 million plus
reasonable attorneys fees.
Both the rehired and non-reference seek damages for lost
wages pension losses compensation for pain and suffering
and attorneys fees the plaintiffs that were not rehired
also seek. What is called front pay damages minus what they
earned are earning or could earn in comparable employment.
We estimate the economic damages for the 5 re hired
plaintiffs to be at least 1.25 million.
We estimate the economic damages for the 6th who were not
rehired for backpay front pay pension losses at
approximately 15.3 million finally all 11. PL seek damages
for pain and suffering. This means there will be many
trials at on each of the plaintiffs individual experiences
at the Academy.
At trial there are 4 plaintiffs who claim and offer
evidence that they suffered permanent physical injuries and
career ending injuries as a result of trying to complete
the test and use at the Academy these plaintiffs will offer
testimony from medical tears and expert opinions stating
that their current paying and physical injuries were caused
by their attempt to complete the
Test and prevent them from joining the EMT field going
forward.
Based on various jury verdicts for compensatory damages and
gender discrimination cases of this type. We estimate that
each plaintiff could be awarded damages for pain and
suffering between 250,000 and 2 million dollars bringing
the total projected exposure for pain and suffering for all
11. PL between 2.75 and 22 million.
We estimate that plaintiff's total attorney's fees and
costs through trial would be between 5 and 6 and a half
million dollars.
If these claims procedure trial, we believe the minimum
assessment of exposure for all the plaintiffs for both
claims is in excess of 25 million. It can easily exceed 35
million. If the court uses the plaintiff's expert front pay
and pension loss calculations or if the jury Awards 1 or
more plaintiffs and amount for pain and suffering in excess
of our estimate if the settlement is approved the city will
pay the settlement amount to a qualified settlement fund 7
million will be distributed to the 11 plaintain would be
allocated to attorney's fees and costs the city would also
agree to make back pension contributions to the 5th who
have been rehired to uh to make them whole as if there were
no breaks in employment.
Taking all the risks into account. We recommend settlement
of these claims and 11.25 million. It's a significant
reduction from plaintiff's demand and likely less than 1
third of what will likely be requested from a jury at
trial.
Thank you.
Thank you, Mr. Roebling.
We'll start our questioning with Vice chair Conway. You
know, I would I would actually like to defer to a decorated
veteran of the fire department and and all of its pisado. I
suspect the last similar questions and he'll ask them from
a place of Greater expertise. He didn't have his hand up.
You didn't have any hand up. Okay. Well, that's well, this
is awkward. I
Got a little longer, but I I'm sure that he would have
questions. So Alderman Spas, uh, your colleague has asked
you to go first. Thank you madam chair. I don't want to
hijack the meetings all the time. So I don't want to get
that reputation. I do have experience it does and I'm very
troubled by this. Um, this is a a paramedic just like a
fireman is a very physical demanding job, and I've talked
to Ken about this. Um, it's it's a bit confusing to me what
went on and when I went on down here and everything, um,
you know, you can't you can't that be physically fit and
not do this job. You have to you have to go up and down
stairs. You have to carry people down. Sometimes narrow 3
flights of stairs. There's many a times that paramedics
claw for male and female both the like puff which you call
assist reassess in the ambulance where you know, it's just
a narrow stair and maybe
Have a 300400 pound person and it's very difficult to get
them down. So we bring the team there there's been times
that some people were so large. We had to take them down in
a tarp. There's a special tarp to carry people down at
because you don't have a chair that that strong enough for
this. But once again, it's a physical job. Um, and you
can't not be in shape to do the shaft somewhat, but some of
the questions I have for you so only 5 5 of the 11 were
higher than at an issue said right Ken.
5 at 11 in the lawsuit eventually got the job and are still
on the job. You said that's right 5 were rehired with
without.
Requiring to complete these tests and the city no longer
uses these tests as part of the graduation at the Academy
requirement. These particular tests are any physical
fitness test. So there's a pre-employment physical
assessment that's done and a medical exam that's done. And
with none of those tests are at issue in the case the
problem with the tests that were used is because the law is
very clear that if you're going to use any pre-employment
or post employment tests to eliminate candidates or deny
promotions. They have to be properly validated under
established guidelines. And if they are not the only
defense in employer has is that it can show their job
related here. The city doesn't have a story to tell on that
because we stopped using the test in 2015. Hey Mary, you
didn't make it you don't pass best wishes to you candidates
are are offered 3 opportunities to pass the test. So the
metrics I gave you are failure after 3 attempts. Okay, the
physical part, okay, and then the proof of the 1 male
getting preference.
score change whatever is I mean, I'm sorry the the issue of
the mail them change in his score so that he could pass as
their proof of that or is that just hearing do we know
there there's proof of it. We have the actual paper exams
from all of the candidates in the alphabet classes in the
case, and there was no uh individual who was able to
testify how the error occurred. We argued that it could
have been simply human error. Unfortunately, there wasn't a
single female candidate that received the benefit of any
similar errors.
How many how many males and how many females are in this
particular class?
I don't have the exact number of all 5 of The Academy
classes. Oh it involve 5 classes 5 classes from 24 and 2014
and 2015 if there was an increased need to hire paramedics
during that time. He says we we need them right now. I
mean, it's a constant problem. It's constant to get people
for the shot. We are so short right now people. Uh, most of
my colleagues know about that. Uh, lastly um, is is the
money split evenly between the 11 files know the um,
the 5 planets that were rehired their damages, uh range
between approximately 250 and 400000 and most of that is
based on the period of back pay between when they were
initially terminated for failing the test and ultimately
rehired, uh, plus back pension contributions for that time
period to make them whole the significant portion of
Damages will be portioned to the 6 that were not rehired
the 4 planes that will demonstrate of evidence that they
have permanent injuries as well as a result of taking these
tests but the amounts vary based on
On the individual circumstances in the case and the parties
are working closely to identify the appropriate amounts for
each individual plaintiff. So so 6 of the 11 are hurt for
the rest of their life. They can never do anything physical
because of this training know they're they're working in
other employment several of them are working as paramedic A
candid, uh paramedics and other smaller towns where they
didn't have to complete these tests. So the damages are
based on the differential between what they would have
earned at cfd and the amount they earned in these smaller,
uh localities and there are there are at least 2 plaintiffs
that have testimony, uh that they would present through
their treaters that they're not able to perform any
paramedic or firefighter or EMT role based on permanent, uh
back injuries bulging discs and other injuries to their
knees.
Thank thank you Ken Madam chair. This was very difficult
for me at this point. I cannot support this. So I'm a no
for now. I'm not saying I can't get to a yes on Wednesday.
But for now, please put me down as a no. All right, we'll
do Alderman spaz. Thank you for your questions Vice chair
Conway followed by Alderman Lee is at the time.
Of when these plaintiffs took the test, was there another
physical test that was given to them in addition to these
physical tests. They only physical assessment that was done
was the pre-employment physical assessment and the medical
screening which they cleared.
At the Academy prior to 2014 there were no physical tests.
The candidate had to complete there were plenty of fitness
exercises for endurance purposes, but there were no scoring
and standards that needed to be met to graduate 2014 and
2015 is the only 2-year period where these physical tests
were used as a condition of graduation.
subsequent to 2015
Was there a physical test that was then given that was
validated?
We only have the pre-employment physical assessment test
which has been properly validated and that's what's in use
today.
So they do have to pass that physical test in order to be
that has been validated to be high. It has been validated
through a proper testing expert. Yes, and that's before
they're actually hired at the Academy. So they have to
clear that before they even entered the academy.
Okay, thank you. That's all I have Madam chairman.
Thank you. Alderman.
Vice chair Conway, uh Alderman Lee Alderman Curtis. Did you
have a
You have question.
Okay, Alderman Lee.
Thank you, uh Madam chair, um in a just along the same line
of questioning that uh, Vice chair Conway just asked I just
want to be clear here that in no previous years. Um,
besides 2014 and 2015. Was there a graduation requirement
for this physical test. That's correct. All right. Um and
what what precipitated the the change um, in 2014 and 2015
there was a recommendation by the fitness coordinator with
the academy to increase the height of the step for
endurance purposes as part of the physical assessments at
the Academy.
Uh it at some point the senior officials at the fire
department after reviewing data indicating a number of
candidates failed these tests made the decision to use it
as a graduation requirement. It was the increase height of
the test was never intended to be used as a test that would
require completion and the decision to make completion of
both tests and condition of graduation was a decision that
was made at the time by the senior officials at the fire
department. So this was a commissioner's decision,
ultimately the commissioner ultimately made the decision
and then what precipitated the uh,
the the change in policy
to take it away. I believe there was a threat for a legal
claim and uh discussion between the appropriate internal
stakeholders regarding the risk for the test not being
validated and the city made a decision to discontinue using
it. Um, do we know how many, um how many women actually
passed that particular graduation requirement in the in the
same time period
58 women attempted the
step test and 39 fail at a 67%
rate
compared to men 175 tried and only 12 faile.
percentage of 7% failure as for the chair test
53 women attempted and 23% failed
at a rate of 43% and for the chair test 175 men tried and
only 12 failed less than 2% failure rate.
I think you can uh, you take a look at numbers in a lot of
different ways clearly the the percentages were higher but
I would argue that there were far fewer women that were
taking the test at all. Um, so greater opportunity for more
of them to fail. Um, I I am in full support of this
settlement. Um, it it seems obvious to me that this uh this
Test was not necessary. Um, and uh, you know, hope we we we
compensate these, uh, these women who were agreed in the
process. Thank you very much Madam. Thank you Alderman Lee
Alderman waguespack followed by Alderman Taylor.
Thanks chairwoman. Um just a quick uh point on your comment
about the other 6 that have um jobs and other did you say
municipalities or were they private and municipality or
maybe you didn't say that?
I didn't say.
What I do have some information 1 is working for the
village of Thornton.
Another is a paramedic for oxy heal.
Another is for Trace ambulance. So a variety of different
atmospheres, but none for a large Metropolitan. Okay
employer. All right. Thank you manager. Thank you Alderman
waguespack Alderman Taylor followed by Alderman Curtis.
How many men were not hired because they feel the test?
I mean none there were no men that were terminated for
failing the tests.
Alderman Taylor, uh last question. Can you tell us the
racial makeup of the 11 women?
I don't have those metrics um with me today.
all those all that data is self-reported by
candidates and I believe for 3 of the 11 candidates. They
did not self-report their their demographic information.
Thank you madam chair.
Point of view. Uh, thank you madam chair. I just want to
make sure I I understood uh Alderman. Um, Taylor's
question. Did you just say did she just asked how many men
were not? Um,
how many men were not hired for failure of the test and you
said there were none that were non hired there were none
that were terminated there were several men that failed but
just took themselves out of the program voluntarily so they
will I just wanted to make sure we understood then that was
clear that they took themselves out of the process because
if you failed that test you shouldn't be hired. That's
correct. Okay. Thank you, right.
Thank you Alderman Lee Alderman Curtis.
Thank you. Madam. Chairman. I I just want to make a
statement and I I I just feel that.
You know at some point we need to.
To uh do audits on a on a lot of things. I think the city
is losing.
a lot of good people, uh
uh and various positions because if they're good enough
for uh other agencies doing the exact same job. They should
be good enough for the city of Chicago. Uh, and and I saw
that in a lot of departments. So that's just a statement. I
wanted to make and I am in full support of this. Thank you.
Thank you Alderman Curtis Alderman Harris Alderman Harris
moves to pass on item number 8 D all those in favor signify
by saying I I opposed.
Uh, all the input wants to be recorded as a no on this item
and we will report that out in the due pass motion or
recommendation at the next city council meeting there being
no further business before the committee on finance. Can I
get a motion to adjourn Alderman kiten? Thank you for that
motion to adjourn all those in favor signify by saying I
post and the opinion of the chairs the eyes have it. Have a
good afternoon everyone the committee on finances here by