Former DCASE deputy files whistleblower lawsuit against city for wrongful termination

A former top deputy at the city’s Department of Cultural Affairs and Special Events has filed a whistleblower lawsuit against the City of Chicago and the department’s leader, alleging she was subject to a “concerted campaign of professional isolation and the systematic stripping of her duties.”

The wrongful termination lawsuit filed Friday in Cook County Circuit Court by Rosalyn Kimberly ("Kim") Grigsby, DCASE’s former first deputy, names Kenya Merritt, who has been DCASE’s interim leader since October. Last week, Mayor Brandon Johnson said he has nominated Merritt to lead the department permanently, pending City Council approval.

In the lawsuit, Grigsby alleges her termination on Feb. 27 was retaliation for formal complaints she filed with the City of Chicago Office of Inspector General and the city's Department of Human Resources reporting what she saw as a “pattern of misconduct, isolation, and retaliation to which she had been subjected.” The suit alleges the city violated the Illinois Whistleblower Act.

Kristen Cabanban, a spokesperson with the city’s Department of Law, said on Monday the city has not been served with the complaint and “does not comment on pending litigation.”

The lawsuit is the latest in a turbulent era for DCASE, which steers everything from large-scale downtown events such as the Millennium Park summer music and film series to Taste of Chicago and Jazz Fest. The department also distributes more than $1 million annually in individual artist grants.

Last October, the mayor’s previous handpicked DCASE leader and friend, Clinée Hedspeth, resigned as commissioner following a tenure that included high staff turnover and allegations of bullying.

Reached Monday, Grigsby said she had no comment. Her lawyer issued the following statement on her behalf: “Kim Grigsby is an outstanding public servant who blew the whistle on government misconduct and paid dearly for it.”

“Our firm filed suit against the City of Chicago and her supervisor Kenya Merritt, after Kim was stripped of her duties on the very same day she affirmed her obligation to testify truthfully in a misconduct investigation, and terminated just seven days after she formally reported misconduct to the City's Office of Inspector General,” the statement continues. “No one should lose their career for telling the truth to those charged with holding government accountable.”

The lawsuit alleges Grigsby began being isolated from meetings and official department business and ultimately stripped of her duties after Merritt was named acting commissioner in October. She alleges the pattern included a denial of administrative support, exclusion from recurring meetings with her direct reports and the “mysterious clearing” of her personnel file.

According to the lawsuit, Grigsby was informed on Feb. 19 by two DCASE staffers that a coworker (not named in the lawsuit) was under investigation and that Grigsby would be called on to share her observations with the city’s HR department. Grigsby said it was her obligation to “share what she knew truthfully.” Grigsby felt she had information that department leadership violated state law and city ordinances, that included her and other DCASE employees being “subjected to a hostile work environment.”

The lawsuit alleges that hours after Grigsby said she would testify in the government misconduct investigation, Grigsby's duties were reduced and her direct reports were reassigned to Merritt.

According to the lawsuit, Grigsby submitted a written complaint to the city on Feb. 20, and she was then terminated on Feb. 27. She alleges in the suit that “no legitimate, non-retaliatory basis existed” for her firing.

“The seven-day interval between Plaintiff's protected disclosures and her termination establishes a direct and unmistakable causal connection between her protected activity and the adverse employment action taken against her,” the lawsuit states.

Grigsby is seeking to be reinstated to her role as first deputy commissioner, back pay for lost wages and benefits, and compensation for damages, including “emotional distress, harm to professional reputation, and loss of career opportunities.”

The mayor’s press office did not immediately return a request for comment on Monday.

Grigsby, a lawyer by training, was hired as DCASE’s second in command last August. In a press release announcing her hire, the city said that Grigsby brought “over 20 years of executive and legal experience, focusing on business, education and labor law with an emphasis on arts, nonprofits, startups, and academic institutions.” Grigsby previously worked at Ignition Community Glass, Ensemble Español and the Chicago Community ToolBank.

Courtney Kueppers is an arts and culture reporter at WBEZ.