The Chicago Public Schools (CPS) Board of Education unanimously voted to fire CEO Pedro Martinez during a special meeting Friday night. This decision concludes a months-long power struggle with Mayor Brandon Johnson that has deeply affected the school district. However, the situation is far from resolved, as Martinez filed a lawsuit against the board and its members hours before the vote, seeking a temporary restraining order to prevent his dismissal. The lawsuit, a 44-page document filed in Cook County Circuit Court, alleges breach of contract.
Despite the lawsuit, the board, comprised of members appointed by Mayor Johnson, fired Martinez without cause. This triggers a six-month payout under his contract, maintaining his $360,706 annual salary. The board stated Martinez’s duties would be modified but offered no specifics. Following the six months, he will receive an additional 20 weeks of severance pay, totaling $138,733. In a post-meeting press conference, Martinez expressed disappointment but emphasized the importance of a smooth transition, contrasting this with what he described as a chaotic approach.
The board is reportedly considering appointing Sean Harden, Mayor Johnson’s choice for school board president, as interim co-CEO. This move, according to sources from the *Chicago Sun-Times* and WBEZ, aims to limit Martinez’s influence and facilitate actions he had previously blocked, including settling a new union contract, processing a pension payment for non-teaching staff, and securing a short-term loan to address a budget deficit. Martinez’s lawsuit argues that even maintaining his employment while altering his role violates his contract without his written consent. He publicly criticized this proposed co-CEO arrangement, urging a good-faith approach.
Martinez’s attorney, Bill Quinlan, sent a letter to the board Friday afternoon, urging them to postpone the meeting and avoid terminating or diminishing Martinez’s role, warning of contract breach and detrimental effects on students and families. The letter, also sent to the Illinois Attorney General and State Superintendent of Education, accused the Chicago Teachers Union and Mayor Johnson of orchestrating a campaign to unlawfully terminate Martinez.
The meeting itself included an hour of public comment from elected officials, both supportive and opposed to Martinez. Following a closed session, the board voted to fire him without prior notification, a fact confirmed by a source close to Martinez. Board members declined to answer questions afterwards.
The *Chicago Sun-Times* and WBEZ initially reported in August that the mayor’s administration was planning to replace Martinez. This level of conflict during a transition is unprecedented since the city gained control of CPS in 1995. While initially retaining Martinez, Mayor Johnson later decided on a change following disagreements over budget issues and the teachers’ union contract. Martinez’s refusal to resign or accept a buyout represents significant opposition to his removal. His contract stipulates six months’ notice for termination without cause, alongside severance pay, and his continued role to ensure a smooth transition. However, his attorney argues that the installation of a co-CEO would still constitute a breach of contract. The lawsuit also alleges that individual board members acted outside their authority and caused damage to Martinez’s reputation and career prospects. It further claims they lacked the legal authority to act due to incomplete training, a claim Martinez himself downplayed in his press conference.
The alternative options of firing Martinez “for cause” or offering a buyout were considered. Firing for cause requires demonstrating wrongdoing or poor performance, a risk the board initially avoided fearing a lawsuit. A buyout offer was made but rejected by Martinez. Ironically, had Martinez been fired without cause earlier, his six-month period would have ended in February. Now, he remains until the end of the school year. Quinlan’s letter notes prior board discussions regarding Martinez’s dismissal and a recent negative performance review which he deemed inaccurate. The meeting also featured numerous comments from elected officials, including sharp criticisms from some aldermen.