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A slippery slope?

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* A state legislator saw yesterday’s post of Rep. Bob Martwick’s rant about Comptroller Leslie Munger holding up state lawmaker pay checks until there’s a formal state budget passed and weighed in via text message…

What’s next? Reinstate the death penalty and we’ll pay you? Or how about that abortion bill? Vote on that and you’ll get paid.

Yes, Munger’s move is undoubtedly popular, but that lawmaker does make a decent point. A precedent has clearly been set here. What if a Democratic comptroller decided to hold up paychecks until a gun control bill was passed, or until home care providers got a raise, or… ?

…Adding…
A text message from a top Republican official….

I don’t know why these Democrats think publicly complaining about how they can’t get paid helps their cause with the voters - it only makes people like Leslie more and like them less. On the substance of their arguments, there is no slippery slope because no conditions have been set, no blackmail is going on, no tying of pay to specific votes or issues — she is the comptroller and we have a cash flow crisis with billions of dollars in unpaid bills. And as Democrats argued powerfully on the floor when urging passage of their unbalanced budget, all she needs to do to make an unbalanced budget work is choose not to pay certain bills. Well, you get what you ask for. That’s what makes this situation so unique and perfect — legally and politically.

posted by Rich Miller
Tuesday, Aug 9, 16 @ 9:32 am

Comments

  1. Worse yet, what if they campaigned on it? The Comptroller’s office doesn’t do a lot more than pays bills so it’s a hard office to campaign for, there’s not a lot to talk about. An enterprising candidate could tie themselves to a popular issue by promising not to pay legislators until [popular issue] is resolved.

    Comment by The Captain Tuesday, Aug 9, 16 @ 9:37 am

  2. Ridiculous comparisons. The budget is the only legislation they must pass - everything else is optional. No dangerous precedent set by Munger here.

    Comment by old pol Tuesday, Aug 9, 16 @ 9:38 am

  3. I don’t get paid unless I do my job. Kudos to Munger.

    Comment by Former Insider Tuesday, Aug 9, 16 @ 9:38 am

  4. It is popular, but it is also coercive. She can pretend they are just taking their place in line, but if state employees are being paid, they should be paid. It seems she moved them from the employee line, to the vendor line.

    Comment by Langhorne Tuesday, Aug 9, 16 @ 9:39 am

  5. To that legislator…

    Well said!

    It’s amazing. Comptroller Leslie Munger, now, “reassessing”, get to…

    …arbitrarily…

    IF… that’s IF… you get paid.

    1,000% accurate.

    I guess ignoring the constitution and extortion is now part and parcel of how Leslie Munger will run the Office of the Comptroller?

    I despised the move when Quinn did it, (look it up)

    I said it was savvy when there was NO budget.

    Now? What is the criteria, Comptroller Leslie Munger?

    I keep looking at a criteria. Rauner signed the stopgap. What’s the holdup?

    Is this one of those Lincolnshire Right to Work thingies that Leslie Munger supports?

    This has gone on way too far, and it’s overstepped the bounds.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 9:39 am

  6. Exactly so. My spouse and I have both toyed with the idea of going into politics after the girls are out of the house. We do well but not well enough to go without a salary for a few months. And the extortion strategy of Munger is definitely not how to engage in good governance.

    Comment by Honeybear Tuesday, Aug 9, 16 @ 9:40 am

  7. I’ve notice that Republicans increasingly seem to be advocates of vigilante justice outside of the rule of law.

    Comment by Honeybear Tuesday, Aug 9, 16 @ 9:44 am

  8. old pol, you realize that they passed the budget that the Governor requested them to pass, right?

    Does the Comptroller have her own super-secret budget that she would have preferred?

    Comment by Juice Tuesday, Aug 9, 16 @ 9:44 am

  9. I’ve heard of Cafeteria Constitutionalists, but to choose to blatently ignore the constitution and arbitrarily decide to pay legislators only when desired outcomes happen…

    A lack of respect for the constitution is at play here. The Office of the Comptroller “feels” the constitution is more of a guideline(?)

    “I’ll swore to support the state constitution… unless I can extort an outcome from legislators by withholding pay… ”

    Yikes.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 9:46 am

  10. They have passed a few budgets actually. Not their fault that the Gov won’t play ball.

    Comment by Anonymous Tuesday, Aug 9, 16 @ 9:48 am

  11. I didn’t think what’s going on is a withholding of paychecks until X, Y or Z is passed.

    I thought it was placing the legislator pay on the a backlog delay like the other entities the state owes money to. If there was a proper budget with full revenues to cover it, there would be no delays to threaten them with, would there?

    Comment by titan Tuesday, Aug 9, 16 @ 9:48 am

  12. The concept of the citizen-legislator is already almost comatose — actions like Munger’s will finish it off, to the detriment of open government. We are well along toward a politics dominated by the plutocrats, Munger is pushing us further down that path.

    Comment by Just Chilling Tuesday, Aug 9, 16 @ 9:51 am

  13. ===If there was a proper budget with full revenues to cover it, there would be no delays to threaten them with, would there?===

    The stopgap was passed. The governor asked for it. The Illinois constitution Article IV, Section 11 requires payment.

    What. Is. The. Holdup?

    What criteria is Leslie Munger refusing to deliver a continuing resolution of a constitutionally mandated payment?

    I can’t find what the criteria the Chief of Staff is “reassessing”

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 9:52 am

  14. ==I don’t get paid unless I do my job. Kudos to Munger.==

    Except you have a boss. The Governor and Comptroller are not the legislators boss. In fact this thing calls the constitution makes sure that there is a separation of powers and the legislators are accountable to their constituents.

    Comment by Jimmy CrackCorn Tuesday, Aug 9, 16 @ 9:55 am

  15. Is this no longer the law?

    —–

    (25 ILCS 115/) General Assembly Compensation Act.

    (25 ILCS 115/1) (from Ch. 63, par. 14)

    … The compensation provided for in this Section to be paid per year to members of the General Assembly, including the additional sums payable per year to officers of the General Assembly shall be paid in 12 equal monthly installments. The first such installment is payable on January 31, 1977. All subsequent equal monthly installments are payable on the last working day of the month. …

    —–

    The last time the GA didn’t get paid was due to lack of appropriation which doesn’t apply today.

    Comment by MikeMacD Tuesday, Aug 9, 16 @ 9:55 am

  16. I really like Munger. I think she’s at her core a reasonable person who wants to do well. But she really missed an opportunity to brand herself as a JBT style Republican.

    Ever since Dawn Clark Netsch. the Comptroller has really been the constitutional officer who — if you will pardon the expression — would be willing to drop the proverbial poop in the punchbowl. We could have used Munger assuming the role JBT would likely have filled, telling everyone of both parties 1) cuts AND taxes were inevitable, and 2) tying budgets to toxic political issues for the majority legislators is stupid.

    Comment by ILPundit Tuesday, Aug 9, 16 @ 9:56 am

  17. One other consequence if this goes on long-term, only rich people run for office. This is already disproportionately the case, but we will see less teachers, police, tradespeople taking the shot at public office if it will lead to financial ruin/uncertainty.

    Comment by Jimmy CrackCorn Tuesday, Aug 9, 16 @ 9:57 am

  18. Well campers where is the lawsuit? Does this game connect to the unconstitutionality of paying staff?

    Comment by Matt Vernau Tuesday, Aug 9, 16 @ 9:58 am

  19. I think that comparison is more aptly applied to Rauner holding up the budget for his “turnaround agenda” than it is to Munger’s action — which is at least directly related to the budget.

    Still, Munger is on shaky legal ground here. If a legislator — (maybe one who is retiring,) has the guts to take her to court, they will win. Judges tend to be very protective of the separation of powers. Munger would probably love to be taken to court on this, even if she loses. More publicity for her campaign.

    Comment by Time Again Tuesday, Aug 9, 16 @ 9:59 am

  20. Next she’ll start bringing the check cart to each legislator and feign handing it to them a couple times before allowing them to keep the envelope.

    Comment by Jocko Tuesday, Aug 9, 16 @ 10:04 am

  21. To make it clear to all I oppose Munger and will be voting against her. I also don’t think she’s right to delay payment.

    That being said, the slippery slope argument is hard to make. We’re now faced with a horrendous fiscal situation (exacerbated by Munger’s benefactor) where people are not getting paid for months or over a year if you’re a group health provider. The public (rightly or wrongly) understands this point and has no sympathy for the Solons being asked to wait for their checks. Legislators can ask for redress, but they are too politically scared to do so.

    Even if one did, I’m not sure it’s a slam dunk that the courts would order a change. They could say that the legislators are being paid, they’re just being treated like other state vendors
    and asked to wait in line.

    However, an effort to withhold checks for a policy issue would result in more public dissent. For the gun control example, a pro-gun legislator would file a challenge is a heartbeat - most likely funded by ISRA. Without the cover of others being similarly situated and the necessary public statements made by the comptroller on the policy issue, I believe the courts would side with the lawmakers.

    Comment by Norseman Tuesday, Aug 9, 16 @ 10:04 am

  22. Time Again, not if the judge calls her an extortionist. Can’t see that coming off well in an ad.

    But even with a favorable ruling, I still don’t see a member of the GA doing it.

    Comment by Juice Tuesday, Aug 9, 16 @ 10:07 am

  23. What is Leslie Munger wanting to end the extortion…

    Or is there a fear to admit something has to happen for the constitutionally mandated act happens will fulfill the act of the extortion?

    What has to happen for the Office of the Comptroller to follow the constitution?

    Just let everyone know…

    If this is not a partisan “win-win” for the Republican Munger, I guess Munger likes to play politics with the constitution abc her oath?

    That’s fun.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 10:10 am

  24. What a great set of ads for Munger. People think legislators are next to worthless and she can run ads flauntin’ her punishment for their behavior. “She stood up to greedy Chicago legislators and Madigan by withholdin’ their pay checks….”

    I can’t think of any idiot voter that wouldn’t bite on that.

    Comment by Dr X Tuesday, Aug 9, 16 @ 10:20 am

  25. Jimmy CrackCorn, maybe have the GA pass a law (in addition of the GA Compensation Act) where no Constitutional Officer can interfere? That would look really good without a budget passed…
    Munger takes action to encourage responsible government and legislators tremble. People like you are up in arms that she is doing this. Have you forgotten that Illinois is losing 1 resident every 5 minutes??? http://wqad.com/2015/12/24/census-bureau-one-person-leaves-illinois-every-5-minutes/
    There will be no future for our kids. Correction, there will be a future for our kids but in other states.
    Wake up already.

    Comment by Former Insider Tuesday, Aug 9, 16 @ 10:29 am

  26. I’d bet on a legislator lawsuit on oh, about November 9, probably filed jointly by Madigan and Cullerton. As someone mentioned, before then could be politically beneficial to Munger. But there’s enough members who don’t have outside income and personal wealth that the leaders are likely hearing about and may have already committed to doing something then.

    As an aside, I’m not sure how anyone can argue that legislators should be paid like vendors. They are, in fact, state employees, with the full benefits and rights that go with that.

    Comment by Joe Bidenopolous Tuesday, Aug 9, 16 @ 10:34 am

  27. Illinois legislators are wasting their time by whining about not getting paid. Highly unlikely that anyone (on both sides) feels bad for reps and senators. They won’t find pity among the general populous, who blames them for an array of problems that the state now faces.

    Comment by BK Bro Tuesday, Aug 9, 16 @ 10:35 am

  28. And I also agree with the notion that continued actions like this endanger the idea of the citizen legislator. If you can’t afford to miss a paycheck, I’m not sure why you’d do it in the current morass. And I happen to think there are already way to many politicians who are able and willing to buy elections and issues.

    Comment by Joe Bidenopolous Tuesday, Aug 9, 16 @ 10:37 am

  29. Shouldn’t the Attorney General file to have the Illinois constitution withheld?

    Comment by Anonymous Tuesday, Aug 9, 16 @ 10:37 am

  30. ===Have you forgotten that Illinois is losing 1 resident every 5 minutes??===

    I’m not sure this is a solid Constitutional argument, but I hope it makes you feel just as good … like when you yell at fluffy clouds. lol

    ===Wake up already.===

    Munger is ignoring the Illinois Constitution…

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 10:39 am

  31. If these legislators are forced to borrow from their campaign funds, as some have done, that money is not available to defend their seats in the legislature. This will make Rauner’s job of going after them a whole lot easier.

    Rauner likes to spout about corruption in state government. Me thinks he doth protest too much.

    Comment by JustAnObservation Tuesday, Aug 9, 16 @ 10:39 am

  32. JBT would have never done anything like this. She would have been the voice of reason and told Rauner he was wrong. And to stop the BS>

    Comment by HRC2016 Tuesday, Aug 9, 16 @ 10:47 am

  33. GOPRaunerites like Munger and Rauner do not need the paychecks, other legislators do need the paychecks to make ends meet. Being a legislator is not some part time thing, they are on call 24/7 for their constituents.

    Munger is overstepping her bounds as Comptroller and in the end will pay the price.

    For the life of me, I don’t and will never understand why some parts of the electorate think government workers (GA included) are evil do nothing employees. These are the same people who will vote for Trump.

    Comment by HRC2016 Tuesday, Aug 9, 16 @ 10:55 am

  34. It’s only fair if the Governor’s staff and Munger & her staff get in line like everybody else.

    Comment by The Fool On The Hill Tuesday, Aug 9, 16 @ 11:01 am

  35. OK, if State employees are paid on time even though the budget is short, why are legislators not paid on time because the budget is short?

    Comment by Sir Reel Tuesday, Aug 9, 16 @ 11:06 am

  36. ===why are legislators not paid on time because the budget is short?===

    The Constitution isn’t compelling the Comptroller’s Office.

    An agreed Stopgap isn’t compelling the Comptroller’s Office.

    The “we support state employees being paid” isn’t compelling the Comptroller’s Office.

    A political game IS compelling the Comptroller’s Office.

    Confusing.

    What hurdle to legislators need, even with Rauner signing the stopgap, to appease this extortion?

    Popular and Legal aren’t mutually exclusive.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 11:14 am

  37. +++ - Oswego Willy - Tuesday, Aug 9, 16 @ 9:52 am:

    ===If there was a proper budget with full revenues to cover it, there would be no delays to threaten them with, would there?===

    The stopgap was passed. The governor asked for it. The Illinois constitution Article IV, Section 11 requires payment.
    What. Is. The. Holdup? +++

    The budget is spending authority … not money in the accounts to cover the spending. The stop gap budget is akin to having checks, but not having any money in the account. If the Comptroller wrote checks to everyone owed money, they would bounce.

    Comment by titan Tuesday, Aug 9, 16 @ 11:20 am

  38. - titan -

    A very compelling argument.

    Besides Legislators and Constitutionals…

    What other state employees aren’t being paid?

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 11:31 am

  39. Sorry if I don’t have any tears for the legislators. If they would only pass a balanced spending plan, where revenues equalled spending, then the legislators would receive every paycheck on time. It’s pathetic these people are complaining because they’re just now starting to feel the effects of their serious inaction these last several years.

    This is not about the death penalty, abortion, or any other policy du jour. It’s about properly funding the government - the #1 responsibility of the legislative branch. If they can’t get that job done, they should suffer the same consequences as every one else.

    Comment by Tasty Grouper Tuesday, Aug 9, 16 @ 11:43 am

  40. I highly doubt this will get challenged before the election. Legislators complaining about being paid late will not fly when the State still does not have a balanced budget passed and no reform of government our our business environment.

    Just like the complaining about the pay raise which was rescinded this will only make the legislators look more entitled

    Comment by Lucky Pierre Tuesday, Aug 9, 16 @ 11:49 am

  41. This whole thing reminds me of that State Farm commercial where the old man (Munger) has dollar on the end of fishing pole. “I got you a dollar” “Gotta be quicker”

    Comment by Anonymous Tuesday, Aug 9, 16 @ 11:49 am

  42. Withholding pay is a sure fire way to make sure no middle class residents ever run for office again. There are legislators borrowing money from campaign accounts, driving UBER, and plenty more borrowing money that we just don’t know about. It seems that only the wealthy can stay afloat while being in office in IL.

    Comment by ANON Tuesday, Aug 9, 16 @ 11:50 am

  43. The pay raise was not based on the constitution.

    Pay IS based on the constitution.

    Big difference.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 11:51 am

  44. As -MikeMacD- cites above, the law is very clear about both the amount (equal across the year) and timing (last day of each month) of legislators’ pay.

    If someone were to file a suit, I would expect any judge to rule the Comptroller is in violation. The only question in my.mind is exactly what punishment the judge would order, comptempt finding or something stronger, like a fine or other punishment.

    And, while it would be politically perilous, the GA as a body could also take action for her failure to uphold the law and faithfully execute the duties of her office …

    Comment by RNUG Tuesday, Aug 9, 16 @ 12:01 pm

  45. ===If they would only pass a balanced spending plan, where revenues equalled spending, then the legislators would receive every paycheck on time.===

    If they would end abortion…

    If they would vote against the 2nd Amendment…

    The Constitution has no criteria, the legislators get paid. Unless you’re against the constitution…

    ===It’s pathetic these people…===

    “These people”… Wow…

    ===…are complaining because they’re just now starting to feel the effects of their serious inaction these last several years.===

    No, Munger is purposely holding hostage now… for realky no reason except political… Defying the constitution.

    ===This is not about the death penalty, abortion, or any other policy du jour. It’s about properly funding the government…===

    Not exactly. It’s the Comptroller’s Office ignoring the constitution to extort outcomes… no one seems to know what.

    That’s what’s at play.

    ===f they can’t get that job done, they should suffer the same consequences as every one else.===

    Read Article IV, Section 11.

    Get back to us on what “criteria” you find in there.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 12:02 pm

  46. Interesting arguments, but do legislators deserve to be paid before than thousands of vendors and service providers still waiting on checks?

    Comment by Downstate hack Tuesday, Aug 9, 16 @ 12:04 pm

  47. ===Interesting arguments, but do legislators deserve to be paid before than thousands of vendors and service providers still waiting on checks?===

    Do you think the state should follow the constitution or not?

    That’s the “compelling” argument.

    Again, extorting what outcomes? What does Munger want to feel “compelled” to be compliant with her oath and the constitution?

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 12:06 pm

  48. I don’t understand Hartwick’s rant at all. She is not holding back pay, she is putting the pay in the same line as all other bills. She isn’t waiting for a specific action to take place to write the checks; they are in the same order as all other checks waiting to be written.

    Comment by Just Me Tuesday, Aug 9, 16 @ 12:12 pm

  49. === she is putting the pay in the same line as all other bills===

    That’s disingenuous at best. All other payroll bills are being paid on time.

    Comment by Rich Miller Tuesday, Aug 9, 16 @ 12:14 pm

  50. +++ - Oswego Willy - Tuesday, Aug 9, 16 @ 12:06 pm:
    ===Interesting arguments, but do legislators deserve to be paid before than thousands of vendors and service providers still waiting on checks?===
    Do you think the state should follow the constitution or not?
    That’s the “compelling” argument. +++

    If the constitution were being followed, we couldn’t be in this situation. The constitution requires a balanced budget. Because they’ve been fudging that for decades (both the GA and the Gov., current and past), there is a serious budget deficient.

    I do not have real strong feelings either way about this particular issue, but I don’t believe you’re operating at your usual level of fairness in this string of comments. The pay delay for the legislators is fairly directly tied to the unbalanced budget situation that lies at the feet of the GA and the Gov. It is does not involve unrelated issues like votes on abortion or gun control. And the GA is significantly different than the rest of the state employees (they are the ones responsible, along with the Gov, for the money mess we’re in). Not following the constitution on the states finances is problem that’s older than we are, it didn’t start and isn’t limited to the current legislator paycheck delays.

    Comment by titan Tuesday, Aug 9, 16 @ 12:25 pm

  51. It’s not up to the Comptroller, constitutionally, to be the decider on budgets and their balance and those things together have zero, that’s nothing, to do with Article 4, Section 11.

    That’s the ball game.

    The rest is disingenuous bluster, unconstitutional bluster too.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 12:35 pm

  52. I don’t think some of you truly understand the consequences of using paychecks as a political football. I get the “nobody cares because they are legislators” argument, but that’s a political view and not a rational view. Payroll should always be paid first. I don’t care who the payroll is for.

    Comment by Demoralized Tuesday, Aug 9, 16 @ 12:59 pm

  53. +++ - Oswego Willy - Tuesday, Aug 9, 16 @ 12:35 pm:
    It’s not up to the Comptroller, constitutionally, to be the decider on budgets and their balance and those things together have zero, that’s nothing, to do with Article 4, Section 11.
    That’s the ball game.
    The rest is disingenuous bluster, unconstitutional bluster too. +++

    It is the Comptroller’s job to pay the bills. The legislature hasn’t given the Comptroller enough money to do so. Also unconstitutional.
    Maybe after 50+ years, the first time that the legislature experiences any negative consequences for the unbalanced budgets will help get the decades old problem resolved.

    Comment by titan Tuesday, Aug 9, 16 @ 1:00 pm

  54. Not to mention you have an Executive Branch officer interfering with the Legislative Branch. That should always be a no-no. It was wrong when Pat Quinn attempted to not pay legislators and it’s wrong to hold up their paychecks.

    Comment by Demoralized Tuesday, Aug 9, 16 @ 1:00 pm

  55. - titan -,

    You have zero argument.

    Again, besides legislators and constitutionals, what other state workers aren’t getting paid, and what other state workers have their pay directed to BE paid as prescribed by the Constitution?

    - Demoralized -

    Well said. There’s a reason the constitution and not other branches get to “decide” compensation.

    Compensation is guaranteed.

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 1:08 pm

  56. ==legislature experiences any negative consequences==

    We have ways to do that. They are called elections. You want to use coercion and punishment by other means. That is wrong and totally goes against how our system of government should operate.

    Comment by Demoralized Tuesday, Aug 9, 16 @ 1:10 pm

  57. ===It is the Comptroller’s job to pay the bills.===

    Article IV, Section 11. That’s it. It’s plain, it’s says it all.

    So, pay the bill, or Munger is breaking her own oath.

    “Simple”

    === It was wrong when Pat Quinn attempted to not pay legislators and it’s wrong to hold up their paycheck was.===

    Can’t agree more, 100% spot on

    Comment by Oswego Willy Tuesday, Aug 9, 16 @ 1:12 pm

  58. Maybe they can ask the Feds to get involved to investigate whether a violation of the RICO statute has been violated. Treble damages! Treble damages!

    Comment by Triple fat Tuesday, Aug 9, 16 @ 1:28 pm

  59. Committed!

    Comment by Triple fat Tuesday, Aug 9, 16 @ 1:29 pm

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