The trial in Calumet City’s document destruction lawsuit against City Clerk Nyota Figgs wrapped up in Chicago Friday, with attorneys for both sides presenting closing arguments.
Cook County Judge Joel Chupack said he will present an update Aug. 4 on his deliberation on whether Figgs improperly destroyed two truck loads of documents shortly after Mayor Thaddeus Jones took office in 2021.
Figgs and those supporting her have claimed the records lawsuit represents a targeted political attack from Jones, with whom she was previously involved in a romantic relationship.
“The reason (the lawsuit) was brought has nothing to do with records were being destroyed,” James Kelly, attorney for Figgs, said Friday.
However, the city contested that Figgs destroyed the documents “surreptitiously and without approval” during an audit, and requested Chupack hold her accountable by filing an injunction against unlawfully destroying records in the future.
“This is something that is capable of repetition,” said Robert Homan, representing Calumet City.
“There’s going to be another forensic audit. There are certainly going to be other record destruction events,” Homan said. “We can’t have the same thing happening.”
Kelly suggested the city create specific policies regarding record destruction rather than seek injunctions against Figgs.
Figgs testified previously she received permission to shred the documents from the Illinois Local Records Commission, and she was following procedures that were typical under the former city administration. She also said she received mixed messages from those working within Jones’ administration over the course of several months.
City attorneys also seek a filing declaring Figgs lacks authority to interfere with the placement of security cameras in her office and that Figgs pay to replace cameras the she removed from her office.
A point of contention was the placement in her office and Jones’ administration failing to remove the camera after Figgs and other city officials requested it. Figgs testified she later cut the cord of the camera because she felt uncomfortable with Jones monitoring her.
“Her reasoning was justified,” Kelly said Friday.
Ted Slowik / Daily Southtown
Nyota Figgs, city clerk of Calumet City, stands across the street from the municipal center, 204 Pulaski Road, Calumet City, July 28, 2021. (Ted Slowik/Daily Southtown)
Figgs testified she disengaged from the record destruction process in June 2021, after a city attorney requested via email that she “hold off.” But a few months later, she resumed after a city employee and close friend of the mayor’s directed her to destroy the records to clear out a city owned building.
Meanwhile, Figgs’ own lawsuit brought against the city and Jones continues July 23 over Zoom. Judge Sophia H. Hall dismissed five of the seven counts brought, such as sex discrimination, violation of free speech and intentional infliction of emotional distress.
Hall chose not to dismiss Figgs’ claims that Jones made it impossible for the clerk to perform her duties after requiring her staff report to him and hiring employees to interfere with those duties.
In response to the dismissals, Jones said in a statement the clerk “has wasted taxpayer dollars on frivolous claims that were baseless and without merit.”
“It speaks volumes to her inability to perform her duties. Clerk Figgs continues to offer no professional accountability for the misfunctions of her office,” Jones said.
Jones and Figgs both won reelection this year, with the overall race characterized by political divisions.
Jones beat out former Ald. James Patton for mayor after Patton led a charge to dismiss the records case he brought against Figgs without council approval.
In December, Patton called a special meeting on the steps of City Hall to dismiss the lawsuit against Figgs after repeated failures to place the motion on regular City Council agendas. However, the alderman and mayoral candidate failed to garner the votes required to override Jones’ veto of the action.
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