A victory for transparency and accountability, the Cook County Circuit Court has ruled that the Tax Increment Financing (TIF) Investment Committee is a public body under the Open Meetings Act (OMA) and violated the law by failing to provide proper notices of meetings, agendas, and public access to meetings. This decision stems from a lawsuit filed by Chicago Lawyers’ Committee for Civil Rights (CLC), represented by the law firm Loevy & Loevy, in April 2022 against the City of Chicago’s Department of Planning and Development (DPD) and the Tax Increment Financing (TIF) Investment Committee. After repeated efforts to obtain records and requests were ignored, this lawsuit sought compliance with the Freedom of Information Act (FOIA) and the OMA.
“This ruling is a step forward in restoring public trust and holding the TIF Investment Committee accountable. They cannot operate behind closed doors while making decisions that impact the entire city, especially communities that have been historically excluded from these processes,” said Aneel Chablani, Vice President and Legal Director of the Chicago Lawyers’ Committee.
In 2020, former Mayor Lori Lightfoot announced “sweeping reforms” to TIF’s approval and oversight process and created the TIF Investment Committee to increase transparency around fund allocation. The described goal of this new committee was to center equity in decision-making and expand TIF funds to businesses and neighborhoods that have historically lacked investments. Despite the proclamation of reform, the TIF Investment Committee has lacked basic public accountability and transparency in its operations.
Historically, Chicago’s TIF program has exacerbated the city’s well-known racial and economic disparities by disproportionately directing tax revenue to white and wealthier areas. This has resulted in significantly less investment in predominantly Black and Brown neighborhoods on the South and West sides of the city. Given this history, it’s important that Chicagoans have visibility into the TIF Investment Committee and are given the opportunity to attend and comment on its work.
“With this decision, Chicagoans can now be better informed about how public resources are managed and have the opportunity to advocate for investments that address the needs of their communities,” said Chablani.
Since its creation in February 2020, the TIF Investment Committee had not adhered to OMA mandates, including failing to make meetings open and convenient to the public, provide proper notice and agendas, and allow for public comment. The Court has mandated that the TIF Investment Committee should not hold any meetings until they adhere to the OMA by providing proper notice, agendas for meetings, make meetings accessible to the public, and allow for public comment.
“The Open Meetings Act protects the public’s right to know about how the government conducts public business by ensuring that the government operates openly in the public’s interest and that the public can stay informed by attending and participating in government meetings,” said Merrick Wayne, attorney at Loevy & Loevy. “This ruling enshrines Chicagoans’ right to attend and comment in these critical meetings that deliberate and determine how TIF funding is spent.”
Read more about the Court’s ruling here.