Paper: Forget the constitution
Thursday, Dec 8, 2016 - Posted by Rich Miller
* From an SJ-R editorial…
The six Democratic state lawmakers who filed a lawsuit last week demanding they be paid on time have a point: They are owed about six months’ worth of pay, and the Illinois constitution appears to be on their side in this matter.
It may be legally correct, but it’s still frustrating for taxpayers to see that legislators may get their checks in a more timely manner. […]
A judge will most likely agree with them - but the lawsuit is a tone-deaf move that implies no one in the Democratic Party thought about the optics such an action would create. It made them look selfish and callous about the suffering happening throughout Illinois.
Look, when the SJ-R, or the News-Gazette or some other entity can devise a plan that puts pressure on Democratic legislators and the wealthy governor equally to come to an agreement, then maybe I could go along with it. But this ain’t it.
- MissingG - Thursday, Dec 8, 16 @ 11:14 am:
Maybe the governor and all the legislators should be locked in prison until they pass a balanced budget. I know it might not be “legal”, but I’m frustrated.
/s…obviously
- Nick Name - Thursday, Dec 8, 16 @ 11:15 am:
Careful what you ask for, SJ-R. Maybe next people will urge forgetting the First Amendment.
- Drew - Thursday, Dec 8, 16 @ 11:20 am:
The problem I’ve always seen with the argument the SJ-R is making, aside from it’s seeming disdain for the constitution, is that it comes from a very privileged place. Guess what, not every lawmaker is a lawyer or business person who can go half a year without pay. And is that what you want? I don’t. We need people from all walks of life in the legislature to ensure all walks of life get a seat at the table. That’s also one of the reasons why I don’t understand the big todo that surfaces annually regarding lawmaker pay vs. number of days they are actually in the statehouse. But that’s a discussion for another thread.
- Roman - Thursday, Dec 8, 16 @ 11:21 am:
- Nick Name -
Exactly my thought. Interesting that newspaper folk are encouraging selective enforcement of constitutional law. Be careful what you root for SJ-R.
- Oswego Willy - Thursday, Dec 8, 16 @ 11:22 am:
That pesky constitution is only good when they need it?
- ILGOV2018 - Thursday, Dec 8, 16 @ 11:22 am:
Look, those legislators are still in SPringfield serving their constituents and the citizens of Illinois. That to me is what they are elected/paid to do, serve their constituents. So pay them already and stop the bonus payments!
- ILGOV2018 - Thursday, Dec 8, 16 @ 11:23 am:
- Nick Name - Thursday, Dec 8, 16 @ 11:15 am:
Careful what you ask for, SJ-R. Maybe next people will urge forgetting the First Amendment.
Especially if President-Elect Trump has his way.
- A Jack - Thursday, Dec 8, 16 @ 11:24 am:
Perhaps the media can also point out that it is the Governor’s job to first submit a budget before the GA can make appropriations for that budget. State Finance section 2. The Governor’s budget should not exceed funds estimated to be available in the fiscal year.
The constitution does not list any hypothetical future FY growth estimates as being available for the governor in his proposal. The GA cannot and should not do its job until the Governor does his. Perhaps the near-sighted editorial boards can point this out.
- Honeybear - Thursday, Dec 8, 16 @ 11:25 am:
I am in horror these days at the blatant disregard to the very thing that I as a navy officer swore to
Protect
- Anonymous - Thursday, Dec 8, 16 @ 11:29 am:
How would the SJ-R, or the News-Gazette or some other news entity worker like it if their paychecks were held for 6 months?
The legislators could come up with multiple plans for a budget tomorrow, but without backing from all 4 legislative leaders and ‘Governor’ Rauner, their best laid plans will go NO- where. Do not forget all the bills the bi-partisan legislators has passed these last 2 years and Governor Rauner vetoed them. Why? He wanted to inform Madigan that his chamber could not over-ride his vetoes.
- Norseman - Thursday, Dec 8, 16 @ 11:32 am:
SJ-R, why don’t we put the Governor and the General Assembly in an internment camp until they get a budget? One with tents, guard dogs and gruel for meals. Sheriff Arpaio knows how to run these and he’s looking for work. I’m sure there are plenty of corrections officers who will volunteer for camp guard duties.
- Liberty - Thursday, Dec 8, 16 @ 11:37 am:
Corporate pandering from dwindling subscriptions.
- Federalist - Thursday, Dec 8, 16 @ 11:40 am:
I do not understand how a supposed responsible conservative business man like Rauner continues to disregard those to whom the state owes money.
All providers should be paid in a very timely fashion- 60 days at the maximum.
- Anonymous - Thursday, Dec 8, 16 @ 11:41 am:
I don’t want my legislator to be so rich that he could go 6 months or more without pay. Someone that wealthy could never understand what it means to work/live from pay check to pay check.
Suzie Orman (sp?), the financial guru, said 98% of the people are only 2 pay- checks away from being homeless. Think about that.
- MAMA - Thursday, Dec 8, 16 @ 11:42 am:
= - Federalist - Thursday, Dec 8, 16 @ 11:40 am: =
If they are not Rauner’s peeps, he doesn’t care.
- MAMA - Thursday, Dec 8, 16 @ 11:45 am:
- Anonymous - Thursday, Dec 8, 16 @ 11:29 am and @ 11:41 am: - Was I ‘MAMA’.
- illini - Thursday, Dec 8, 16 @ 11:45 am:
Rich is exactly correct. The established media are correct for commenting on this issue, but they fail to place the blame EQUALLY.
Corporate influences, deep set political agenda, or genuine righteous outrage - you decide!
- DuPage Bard - Thursday, Dec 8, 16 @ 11:48 am:
Bad political move. Sadly it was a bad policy move first.
- RNUG - Thursday, Dec 8, 16 @ 11:49 am:
== … in an internment camp until they get a budget? ==
Director’s Lawn at the State Fairgrounds and everyone can share the indoor toilets and kitchen. /s?
- Chucktownian - Thursday, Dec 8, 16 @ 11:59 am:
===Look, when the SJ-R, or the News-Gazette or some other entity can devise a plan that puts pressure on Democratic legislators and the wealthy governor equally to come to an agreement, then maybe I could go along with it. But this ain’t it.===
If you’re going for solutions that are Constitutional, I say go to court and agree to pay the legislators but shut everything else down. How’s that for an idea?
Mendoza, are you listening?
- Thoughts Matter - Thursday, Dec 8, 16 @ 12:18 pm:
The press are the very last people to be cheering an end run around the constitution.
In addition, legislators dependent upon their paychecks and not having been paid for 6 months aren’t just having to carefully manage their money,forego a vacation, Or delay an appliance purchase. The author of this editorial needs some education. If you need your paycheck and don’t get paid for six months- you are sleeping at your parents, cancelling the college semester for your child, raiding your retirement fund, losing your home.
- A Jack - Thursday, Dec 8, 16 @ 12:20 pm:
Delay the pay for the Governor’s staff and directors. Or after December 31, stop it altogether. Perhaps the Governor’s advisors will advise him to come to terms. The mad tweeters on his team might at least tone down the rhetoric if they are in the same boat. The Governor’s staff can be singled out by pay code. Put all those pay codes to the bottom of the pile. Equitable distribution of the pain.
- MAMA - Thursday, Dec 8, 16 @ 12:26 pm:
= illini: “Corporate influences, deep set political agenda, or genuine righteous outrage - you decide!”=
- illini - my answer is all of the above. Plus I will add “money” to your list.
- WhoKnew - Thursday, Dec 8, 16 @ 12:28 pm:
- Chucktownian -
Looks like you and I think alike on this one!
Let’s get Mendoza to channel her inner “Judy Barr Topinka” & then have a sit down with Dawn Clark Netsch.
Follow the constitution and not pay anyone!
- Seats - Thursday, Dec 8, 16 @ 12:28 pm:
To A Jack: that wouldnt work. The Gov would just float them cash to stay above water & make people feel even less bad about the legislatures not being paid (who dont have a billionare helping them get through the cash strapped days)
- Anonymous - Thursday, Dec 8, 16 @ 12:31 pm:
“- Norseman - Thursday, Dec 8, 16 @ 11:32 am: ”
Norseman, I have to wonder who would come out alive after months of internment camp?
- facts are stubborn things - Thursday, Dec 8, 16 @ 12:34 pm:
The legislatures are protecting their branches turf and the constitution. Tone deft or willing to do the right things in spite of current sentiment.
- PAM - Thursday, Dec 8, 16 @ 12:35 pm:
But the Comptroller(s) are not violating the Constitution. It says 12 equal payments. It does not designate the day of the month that they must be issued, or even the fiscal year. It also does not give a priority over all of the other obligations the state has on any one day. If they want a priority over others, they need a judge to enjoin the comptroller from deferring their payments. We are operating under a judicial junta, and they don’t know what a balance of revenues and expenditures looks like either. There is no state budget. Shut down everything not related to public safety and see how fast they figure it out. And there will be no heat or light in the Capitol, which should help them move it along.
- illini - Thursday, Dec 8, 16 @ 12:38 pm:
Thanks Mama - my bad.
- Rich Miller - Thursday, Dec 8, 16 @ 12:39 pm:
===But the Comptroller(s) are not violating the Constitution. It says 12 equal payments.===
The 12 payments is not in the constitution.
- Rich Miller - Thursday, Dec 8, 16 @ 12:42 pm:
To be clear, the Constitution says legislators are paid as laid out in statute. From the statute…
the General Assembly shall be paid in 12 equal monthly installments… equal monthly installments are payable on the last working day of the month
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=454&ChapterID=6
- Oswego Willy - Thursday, Dec 8, 16 @ 12:45 pm:
The constitution in concert with the statues parlayed together make any move unconstitutional.
Circumventing payments? Unconstitutional. Period.
- A Jack - Thursday, Dec 8, 16 @ 1:04 pm:
And those of you who keep shouting lock the GA in a room until they have a budget, might want to peruse Article IV section 12. Although for the Governor, there isn’t such a section.
- El Conquistador - Thursday, Dec 8, 16 @ 1:23 pm:
More evidence that newspapers are devoid of any knowledgeable talent are soon to be gone.
- MAMA - Thursday, Dec 8, 16 @ 2:19 pm:
El Conquistador, knowledgeable talent at the major newspapers have been politically suppressed or gone for years.
- MAMA - Thursday, Dec 8, 16 @ 2:22 pm:
OW, it appears the new Republican party does not care about our old Constitution nor the laws of the land.
- Oswego Willy - Thursday, Dec 8, 16 @ 2:28 pm:
- MAMA -
If Mendoza does the same thing, it won’t be about party but about the belief that pushing something popular is better than doing what is constitutional.
No party is at fault, it’s about the the individuals.
With respect.
- Smitty Irving - Thursday, Dec 8, 16 @ 3:20 pm:
Did the SJ-R subcontract this editorial out to Kristen McQueary?
- Juvenal - Thursday, Dec 8, 16 @ 3:21 pm:
Rich -
I would also point out that while withholding the pay might make us feel better, it actually hasn’t gotten us anywhere closer to a resolution.
A different approach maybe - Rauner should offer to increase lawmaker pay but tie the “bonuses” to the passage of a balanced budget.
- Rich Miller - Thursday, Dec 8, 16 @ 3:23 pm:
=== Rauner should offer to increase lawmaker pay but tie the “bonuses” to the passage of a balanced budget===
Which would be a felony.
- Union Man - Thursday, Dec 8, 16 @ 3:44 pm:
Pay Them!
- jim - Thursday, Dec 8, 16 @ 3:51 pm:
The real question is not whether legislators are entitled to be paid, but whether they’re legally entitled to preference treatment in the state’s bill payments process.
To argue that they are akin to IDOT workers putting in eight hours a day working on roads ignore the intregral role they’re supposed to play in the budget-writing process. They have, effectively, abandoned their responsibilities and are leaving all the decision-making to the leaders and the governor.
- Smitty Irving - Thursday, Dec 8, 16 @ 4:10 pm:
Jim - they are the employees of those who elected them. As employees under FSLA they are to be paid at least twice a month. Treble damages for failure to do so.
- Alton Giant - Thursday, Dec 8, 16 @ 4:23 pm:
Rauner should have to live in the Governor’s Mansion until we get a budget.
- ArchPundit - Thursday, Dec 8, 16 @ 5:49 pm:
====The real question is not whether legislators are entitled to be paid, but whether they’re legally entitled to preference treatment in the state’s bill payments process.
Well, their pay is specifically laid out in the Constitution. Are the other bills specifically required by the Constitution?
- Anonymous - Thursday, Dec 8, 16 @ 6:36 pm:
SECTION 2. STATE FINANCE
(a) The Governor shall prepare and submit to the General
Assembly, at a time prescribed by law, a State budget for the
ensuing fiscal year. The budget shall set forth the estimated
balance of funds available for appropriation at the beginning
of the fiscal year, the estimated receipts, and a plan for
expenditures and obligations during the fiscal year of every
department, authority, public corporation and quasi-public
corporation of the State, every State college and university,
and every other public agency created by the State, but not
of units of local government or school districts. The budget
shall also set forth the indebtedness and contingent
liabilities of the State and such other information as may be
required by law. Proposed expenditures shall not exceed funds
estimated to be available for the fiscal year as shown in the
budget.
(b) The General Assembly by law shall make
appropriations for all expenditures of public funds by the
State. Appropriations for a fiscal year shall not exceed
funds estimated by the General Assembly to be available
during that year.
(Source: Illinois Constitution.)
- S - Thursday, Dec 8, 16 @ 7:32 pm:
== Paper: Forget the constitution ==
‘Tone deaf’???
Funny, that. Apparently SJR ‘forgot’ the Gov is duty bound by IL Constitution & State law to present a balanced budget to the IL GA, which, in his dereliction of duty, he’s failed to do for TWO years in a row!
Ahh, today’s version of ‘journalistic’ reporting.
- Anonymous - Thursday, Dec 8, 16 @ 7:36 pm:
== Rauner should have to live in the Governor’s Mansion until we get a budget. ==
Prefer Guantanamo, from this view.
- Anonymous - Thursday, Dec 8, 16 @ 7:42 pm:
== …ignore the intregral role they’re supposed to play in the budget-writing process. ==
Actually, as discussed earlier today on this blog, the GOVERNOR ‘writes’ & submits a budget and the GA votes/modifies THAT budget.
- Rufus @ - Thursday, Dec 8, 16 @ 11:28 pm:
@Norseman - Sheriff Arpaio ain’t sheriff any more, you may wish to read up on why he isn’t.
- Norseman - Thursday, Dec 8, 16 @ 11:49 pm:
Rufus, I accept your apology for not properly reading what I wrote. It’s late so sleeping may help.
- RNUG - Friday, Dec 9, 16 @ 12:09 am:
== But the Comptroller(s) are not violating the Constitution. It says 12 equal payments. It does not designate the day of the month that they must be issued, or even the fiscal year. ==
It does say an ANNUAL salary. You can play games and interpret that as fiscal or calendar year, but if you don’t actually make the full 12 payments in a year, you are in violation.