CPS CEO Pedro Martinez Threatens to Sue School Board Before Firing
Threat of Lawsuit Hours Before Board Meeting
Chicago Public Schools CEO Pedro Martinez has threatened to file a lawsuit against the Board of Education and all seven of its members hours before they plan to fire him at a hastily called special meeting on Friday night.
Contractual Obligations
The school board is leaning toward firing Martinez without cause, several sources told WBEZ and the Chicago Sun-Times earlier on Friday, which would trigger a portion of his contract that allows him to remain in his role for six months. This provision would enable Martinez to continue working for the school district and receiving his $360,706-a-year salary during the transition period.
Alternative Scenarios
The board is considering installing Sean Harden, Mayor Brandon Johnson’s pick for new board president, as co-interim CEO during that time to freeze out Martinez, two sources said. However, conversations are ongoing about who would step in and how much power Martinez would retain.
Union Contract and Pension Payment
Sidelining Martinez could allow Johnson and his allies at the Chicago Teachers Union to move forward with items that Martinez has blocked: settling a new union contract, pushing a pension payment for non-teacher CPS staff onto the school system’s books, and taking out a short-term loan to fill a mid-year budget deficit and avoid budget cuts like layoffs or furloughs.
Martinez’s Legal Threat
In a five-page letter sent on Friday afternoon, Martinez’s attorneys asked the board “not to take any steps to terminate Mr. Martinez or diminish his role as CEO.”
“Any such actions would constitute not only a breach of Mr. Martinez’s contract with the board, but also the relevant Illinois law governing the board’s actions. Such action would also be contrary to the interests of the children and families that CPS and the board serve,” the letter read.
“We respectfully request that the board confirm if it intends to move forward with actions that would result in the termination or diminishment of Mr. Martinez’s employment as CEO at tonight’s meeting by no later than 2 p.m. today — so that we can engage the appropriate legal response.”
Contractual Language and Severance Package
Johnson and the school board would rather have Martinez out of his position. However, the contract amended by the former Mayor Lori Lightfoot’s Board of Education in December 2022 requires the six months’ notice of termination without cause. During that time, Martinez would continue working his job and transition his duties to a new CEO. In that scenario, his contract calls for 20 weeks’ severance, which would come out to $138,733. Martinez’s five-year contract runs through June 30, 2026.
Alternative Firing Scenarios
The school board has feared the lawsuit that could come with firing Martinez for cause by citing wrongdoing or poor performance. However, Martinez’s contract spells out the reasons he could be fired for cause, including misconduct, criminal activity, failure to perform his duties, fraud, or other wrongdoing or “any other conduct inconsistent with the CEO’s duties and obligations to CPS or the Board, or that may be reasonably perceived to have a material adverse impact on the good name and integrity of CPS or the Board.”
Conclusion
The standoff between Martinez and the school board has left many wondering what the next steps will be. Will the board proceed with firing Martinez without cause, or will they opt for a more amicable solution that would allow him to stay on as CEO for six months? Only time will tell.
FAQs
* What is the reason for the school board’s decision to fire Martinez?
The school board is leaning toward firing Martinez without cause, which would trigger a portion of his contract that allows him to remain in his role for six months.
* What is the potential outcome of firing Martinez without cause?
Firing Martinez without cause would trigger a portion of his contract that allows him to remain in his role for six months, during which time he would continue to receive his $360,706-a-year salary.
* What is the alternative to firing Martinez without cause?
The alternative would be firing Martinez for cause by citing wrongdoing or poor performance, but the school board has feared the lawsuit that could come with that route.
* What is the severance package for Martinez in the event of his termination?
In the event of his termination, Martinez’s contract calls for 20 weeks’ severance, which would come out to $138,733.
