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CPS CEO Pedro Martinez headed to court after Chicago School Board votes to fire him

Judge to hear arguments in lawsuit between Pedro Martinez, Chicago school board
Judge to hear arguments in lawsuit between Pedro Martinez, Chicago school board 03:32

CHICAGO (CBS) -- The back-and-forth between outgoing Chicago Public Schools Chief Executive Officer Pedro Martinez and Mayor Brandon Johnson will go to court this week.

On Friday, the Chicago Board of Education voted on Friday to fire Martinez. The unanimous vote was the culmination of a months-long conflict, with Martinez on one side, and the mayor, the Chicago Teachers Union, and the mayor's hand-picked school board on the other.

He is now suing over the termination, and a judge will hear arguments in the case on Tuesday.

As it stands, Martinez will be able to stay in his role as CEO for another six months. His lawyer says he is asking a judge to guarantee that no one—not someone on the Board and not a possible co-CEO—can stand in the way of Martinez doing his job for those six months.

"He's still the CEO and as such, he has a duty to do his job and honor his contract," said attorney William J. Quinlan of The Quinlan Law Firm, who represents Martinez.

The decision to terminate Martinez without cause came after a 90-minute closed door session at a special school board meeting this past Friday night.

In September, Martinez said he refused a request from Mayor Brandon Johnson to resign his post after he declined the mayor's request to take out a $300 million high-interest loan to pay for the costs of a new proposed teachers' contract and pension costs previously covered by the city. The entire previous school board resigned in October after being pressured by the mayor to fire Martinez. Johnson then picked a new school board within days.

Mayor Johnson has denied asking Martinez to step down amid ongoing Chicago Teachers Union contract negotiations—though sources told CBS News Chicago he did ask.

CBS News Chicago obtained a September email between a top aide for Mayor Brandon Johnson and members of the previous school board. The email provided talking points that would point to "cause" for Martinez's ouster.

"It's tough enough to battle with a hostile teachers' union," said former Chicago Public Schools CEO Paul Vallas, who was also Mayor Johnson's rival in the 2023 election. "It's even worse when you don't have the support of the board."

Vallas said he believes the goal is to ensure the CTU gets what it wants.

"The approval of a contract that meets the Chicago Teachers Union's demands, I think they're going to try to fast-track it," he said.

On Tuesday in a Daley Center courtroom, Quinlan will try to convince a judge that the new school board is interfering with CTU contract negotiations.

"They've shown up, and you know, they've tried to give some instruction to staff and the like, in order to try and basically push these negotiations forward in an expedited manner," Quinlan said.

Quinlan said this is both a violation of policy and of Martinez's contract.

"We want full, honest transparency in a negotiation that affects the fourth largest school system," said Quinlan, "so I think we all are at risk if we don't allow someone to do their job, and do it fairly—put the kids first, right? And not try and put the union first."

In the last few hours, the Chicago Teachers Union sent out a bargaining update saying the "stonewalling days of old have disappeared."

The union added: "CEO Martinez's decision to try to tell his bosses—the Chicago Board of Education—what to do sets a dangerous new precedent in our school district. It is just another example of how the CEO fails to understand what his job is and who he works for."

The hearing on the issue is at 11 a.m. Tuesday. Quinlan said it is not clear whether a judge will make a decision Tuesday, or if the case—like the back-and-forth on Martinez's employment—will go on for weeks.

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