School City of Chicago legal counsel told trustees the contract draft for ESS staffing services contains language that could make the staffing pool ESS employees or district employees, and that difference would change liability and payroll responsibilities.
Attorney Harris said staff had marked up ESS’s proposal and found the draft describes the contracted personnel as School City of Chicago employees. Counsel and administrators said that differed from the presentation the district had received, which portrayed the staffing model as ESS employees supplied to the district as part of the contract fee.
Trustees were told the distinction affects withholding, benefits, and liability. Counsel said the markup will be reviewed with the superintendent’s office and ESS; legal counsel and district staff planned a follow-up meeting to clarify which employment model the parties intend before the item is returned to the board.
Because the contract’s current language was inconsistent with the board’s expectation from the presentation, trustees agreed not to include the item on the consent agenda until contract language, liability allocation, fee schedule and withholdings were clarified.
No vote was taken; staff said the legal team will continue negotiations and return with a clarified contract for board consideration.