Confidentiality Clause Changed In Negotiated Resignation Deal

Evanston IL

11 August, 2021

5:25 PM

Description

EVANSTON, IL — A revised draft of a separation agreement with City Manager Erika Storlie includes changes to its confidentiality provisions. According to a memo from Corporation Counsel Nick Cummings, the amendments are aimed at clarifying confusion resulting from the initial draft of the negotiated resignation pact. The updated draft eliminates a clause that declared the city would not disclose the contents of an independent investigation into the city's handling of reports of sexual misconduct among lakefront employees. "The Report and its contents are confidential and privileged and shall not be disclosed by the City unless required by law," the original draft said. That line has been removed from the end of the agreement's ninth paragraph. Differences between the draft separation agreement presented Aug. 9 and the revised draft due for consideration Aug. 12 are highlighted. (Scott Anderson/Patch via City of Evanston) Cummings, the city's top attorney, said there were false rumors going around about the first draft of the separation agreement, which was presented to the City Council at Monday's regular meeting. After about 100 minutes of closed-door discussions, alderpeople decided to table the matter to make adjustments. The revised draft is due to be considered at a special meeting Thursday evening. "It was inaccurately reported that City Manager Storlie demanded confidentiality of the final work product resulting from the Independent Investigation," Cummings said in a memo to the mayor and councilmembers ahead of the special meeting. "Additionally, it was inaccurately reported that City Manager Storlie would have input into the final work product," he said. "City Manager Storlie would only have access to any final work product in its final form and not before it was provided to the City." Patch requested further information from Cummings and the Evanston Law Department about the source of the false reports described in his memo and will update with any clarification received. Other than the changes Cummings mentioned, the rest of the updated separation agreement is identical to the earlier draft. That includes the same severance package identified in Storlie's city manager contract, which was approved by the city council in October 2020. As part of the agreement, Storlie will submit a letter of resignation effective at the end of the day Oct. 8. "Mayor Biss would like to extend his gratitude to City Manager Storlie for her continued professionalism, her dedicated service, and her unwavering commitment to City Staff and the Evanston community," Cummings said. "Over the course of her 16 year career she embraced every challenge presented and garnered respect from everyone she worked with by leading with integrity, honesty and compassion." Read more: Vote On Separation Agreement With Evanston City Manager PostponedSex Scandal Secrecy Stipulated In City Manager's Severance DealSeverance Deal For Evanston City Manager Erika Storlie On AgendaLakefront Sex Harassment Scandal Probe Assigned To Outside FirmHarassment Petition Not Shared By Staff, Evanston Mayor SaysLakefront Allegations Trigger 'Impartial Investigation'The independent investigation into the city's handling of a petition from female lifeguards and other beach staffers last year will be conducted by the law firm of Salvatore, Prescott, Porter & Porter. The scope of the firm's work was redacted in a copy of the retention agreement provided by the city in response to a public record request, with city staff asserting it was exempt from disclosure due under attorney-client privilege. Storlie's separation agreement calls for her to "reasonably cooperate" with the investigation. Former Mayor Steve Hagerty has not answered questions from Patch about his knowledge of the allegations, but he said he would provide answers to the investigators "if contacted." Records show Hagerty and Storlie received an email from a resident in August 2020 referencing the petition. Storlie responded two days later to say she had not heard of the petition but was taking concerns about workplace conduct among lakefront staff seriously. A month after that, Hagerty asked Storlie to place the matter on the agenda for their Monday meeting on Sept. 14, 2020, copying now-suspended Human Resources Division Director Jennifer Lin on the emailed request. "I know Jen and our Parks staff was working on this," Hagerty said, "but I'd like confirmation that any issues were addressed and that mitigation measures were out in place."