The buck-passing incompetence continues
Wednesday, Aug 22, 2007 - Posted by Rich Miller
* I haven’t been giving this story nearly the play it deserves. That ends today. Here’s some background…
Chicago and more than 20 other school districts around Illinois have been denied $150 million in construction money. Gov. Rod Blagojevich said the districts were ineligible because their paperwork had not been filed on time, according to irate lawmakers and school officials.
* The schools have been promised this money for years, but Blagojevich has never followed through.
The project funding was included in the supplemental appropriations bill. which passed both chambers in late May, and was sent to the governor by the Senate in mid June. The governor signed the bill last week. He waited because it also included a legislative cost of living pay raise, and he was playing games with the bill.
* But there’s a problem…
But the governor’s office said the schools cannot get the money because they should have completed agreements with the Capital Development Board, a state agency overseen by Blagojevich that supervises construction projects, before the end of the fiscal year that ended June 30.
The schools couldn’t do that because CDB was apparently not taking applications since the bill wasn’t signed into law, and even though the governor had the bill in his possession two weeks before the end of the fiscal year, he waited until long afterwards to sign it. A Catch 22 situation, to be sure.
* As the Daily Herald rightfully points out…
The Democratic governor isn’t always a stickler for procedure.
He has twice spent money on stem cell research without legislative approval. Last year, he started sending emergency repair money to Carterville High School even though it isn’t on the priority list. Last week, he announced he would expand health programs that lawmakers had refused to fund.
* The governor’s response? More buck-passing…
Blagojevich says the answer is for legislators to approve a new construction bill.
So, in other words, unless the General Assembly approves the allegedly “pork hating” governor’s heavily porked-up, multi-billion dollar capital bill, the schools in question will continue to be denied the funds they’ve been promised for years.
Just ducky.
* He also is doing a bit of disengenuous attacking…
Blagojevich’s office circulated vote tallies Tuesday to show the lawmakers calling for the schools’ money voted against the plan to grant it.
Except, remember, Chicago is in line for a big chunk of that money. And most Chicago legislators voted for the supplemental approp.
* Meanwhile, the Comptroller can’t send out new state aid checks to schools because the governor hasn’t yet signed the state budget. Schools were promised no-interest loans to help make it through any budgetary glitches, but there’s bad news…
The Illinois State Board of Education developed a plan with the Illinois Finance Authority to provide districts an advance on general state aid at no interest. However, that program was suspended before any money was funneled out because Gov. Blagojevich announced his veto would not affect general state aid, said spokesman Matt Vanover.
More likely, the administration realized that the program was ill-devised and possibly illegal. Once again, the press release was put before the work-horse.
* Somewhat related: Budget woes could impact toddlers in early intervention - Contracting therapists not getting paid
* And: Chicago Heights may lose state money
Scully told the council he had done his job in trying to obtain resources from Springfield, and said that although he does not know how Blagojevich will decide what to trim from the budget, “he has pretty much specifically said the House Democrats are gonna get their projects cut.”
[Chicago Heights Mayor Anthony DeLuca] expressed his bewilderment that Blagojevich, a Democrat, would look to cut funding from the communities of his fellow party members.
“It seems these days, the governor’s doing a lot of things that are shocking, so I guess it’s not surprising,” DeLuca said.
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Brunch shorts
Wednesday, Aug 22, 2007 - Posted by Rich Miller
* Alderman Stone challenged for Democratic post [This story was broken a week ago by Dog Fight in the 50th Blog. The Tribune offers no hat tip, of course.]
* More eligible for earned income tax credit
* Civic Federation says schools should cut tax levy
* Daley orders second unpaid day off
* Daley stands behind city’s hiring plan
* Mayor to inspector: Deal with it
Mayor Daley on Tuesday flatly denied he’s trying to undermine his corruption-fighting inspector general by creating an Office of Compliance to police city hiring.
“They investigate wrongdoing. This is compliance. It’s day and night. You have to comply first. First you have to get everybody educated about it. You have to work with people. You have to make sure there’s checks and balances in the compliance,” Daley said.
City attorneys filed a hiring plan in federal court sharply limiting the inspector general’s role because they were unable to reach an agreement with federal hiring monitor Noelle Brennan about who should pick up where Brennan leaves off, the mayor said.
* Illinoize: Med-mal reform nears two years…and working
* 18-year old drivers face ban on cell phones
One bill the governor signed Tuesday raises the age at which teen drivers can use cell phones behind the wheel to 19 years old from 18. Other measures require driver’s education to include instruction about distracted driving and call for revoking a young driver’s license if he or she uses a car in a gang crime.
On Monday, Blagojevich signed sweeping teen driving laws that, among other measures, triple the length of time a teen driver must hold a learner’s permit, toughen passenger limits and extend night-driving restrictions for teen drivers.
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On Ryan, Blagojevich, his appeal and other stuff
Wednesday, Aug 22, 2007 - Posted by Rich Miller
* Carol Marin made a good point in her column today…
Irony should be a four-letter word when applied to political corruption in Illinois.
After all, not only are the attorneys of Winston & Strawn still defending Ryan, they’re also representing the current governor, Rod Blagojevich, whose campaign fund has paid out more than $1.1 million in legal fees to the firm since a federal investigation of contracts and hiring got under way in 2005. […]
In the 2-1 decision, the majority makes it very clear that the pay-to-play culture of Illinois government that permeated the Ryan regime, with the contracts it handed out, the favors it granted and the perks Ryan received, taken all together sealed his fate. These are the very same allegations the feds are looking at with regard to the Blagojevich administration and its hiring, its contracts and its favored friends.
Don’t turn the lights out yet in that exquisite Winston & Strawn conference room. It may be needed again in the not-too-distant future.
* Speaking of Thompson, here’s more of what he told reporters…
“This case — in terms of the management of the jury and the substitution of jurors after eight days of deliberation — is unprecedented,” Thompson said. “No court anywhere has ever deprived a defendant of his life and liberty under these circumstances.”
* And the Sun-Times also found a professor to back up the stinging dissent filed yesterday in the case…
Northwestern University law Professor Al Alschuler said Kanne was right. “At the end of his opinion Kanne said, ‘I have no doubt that had this case been a six-day trial, rather than a six-month trial, a mistrial would have been swiftly declared,’” Alschuler said. “I think it’s a shame that judges allow these long kitchen-sink trials and then find themselves in a position where it’s almost unthinkable to incur the costs of starting over.”
* Rev. Scott Willis had another take, as you might imagine…
“I’m not looking for an apology (from Ryan) — I’m looking for an admission he has done wrong,” Willis said. “We had a great loss, but (he should apologize) to all the people in the state who put their trust in him.”
* How long will Ryan remain free on bond? Yesterday’s online Tribune story gives us a clue…
This afternoon, however, the court stayed that order, finding that Ryan could remain free while a second appeal plays out. Under this afternoon’s ruling, Ryan will remain free until the full 7th Circuit—a group of 11 judges—refuses to hear his case or until the full court hears his case and makes a ruling.
A decision on whether the full court would hear Ryan’s case could take about six to eight weeks, and a ruling on the case could take until December or January, according to Joel Bertocchi, an attorney who specializes in appellate law.
* More stories, compiled by Paul…
* Ryan remains silent on new court rulings
* Ryan to remain free on bond pending appeal
* Appeals panel upholds Ryan conviction
* Appeals court upholds Ryan conviction
* Michael Sneed: On George Ryan
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Question of the day
Wednesday, Aug 22, 2007 - Posted by Rich Miller
Late decision to sleep in - made sometime after belatedly realizing that I forgot to set the alarm.
Chew on this whilst I get myself together…
Illinois doesn’t have a state budget yet, but at least it has an official state fruit.
Gov. Rod Blagojevich signed a law Tuesday naming the GoldRush apple the state’s official fruit.
The idea flew through the state Legislature earlier this year after being proposed by a fourth-grade class from Woodlawn in southern Illinois.
Question: Propose other state symbols.
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* 10:41 am - Well, this is a little bizarre. The state’s chief financial operating officer, John Filan, went on vacation yesterday while the governor’s budget office was still trying to craft the line item and reduction vetoes of the operating budget bill. No word yet on when those vetoes might be filed, but I’ve asked.
* 10:51 am - Big news from the Tribune…
In a crushing legal blow to former Gov. George Ryan, a federal appellate court this morning affirmed his sweeping fraud and corruption convictions, ruling that Ryan received a fair trial last year despite a series of juror controversies.
The decision by the U.S. 7th Circuit Court of Appeals clears the way for Ryan to begin serving a 6.5-year prison term that he received last year after a historic six-month trial. But his lawyers could try to forestall that with a further appeal.
In a 2-1 decision, the three-judge appellate panel found that U.S. District Judge Rebecca Pallmeyer acted within her authority when she replaced two jurors during deliberations after the Tribune revealed they had failed to disclose information about their criminal backgrounds.
“We conclude that the district court handled most problems that arose in an acceptable manner, and that whatever error remained was harmless,” Judge Diane Wood wrote for the panel. “We therefore affirm the convictions.”
* 10:53 am - You can download the Ryan decision here.
* Excerpts from the majority opinion…
The fact that the trial may not have been picture-perfect is, in itself, nothing unusual. The Supreme Court has observed more than once that “taking into account the reality of the human fallibility of the participants, there
can be no such thing as an error-free, perfect trial…
[…]
throughout their briefs, the defendants note that the district court judge described some of her rulings as “difficult” or “close calls.” The impression they give is that this is some kind of signal that the court knew it was wrong. We draw no such inference. A district court’s acknowledgment of the difficulty of an issue, if anything, is a sign that the court has given it full consideration.
[…]
The high-profile nature of these proceedings gave rise to some unusual problems with the jury, but we are satisfied that the court handled them acceptably. For all of the reasons discussed above, the district court properly denied the defendants’ new trial motion. We AFFIRM the judgments of the district court convicting both Warner and Ryan.
* KANNE, Circuit Judge, dissenting…
My colleagues in the majority concede that the trial of this case may not have been “picture-perfect,” – a whopping understatement by any measure. The majority then observes that the lack of a picture-perfect trial “is, in itself, nothing unusual.” I agree that from my experience this is a realistic
proposition. There is rarely perfection in any human endeavor – and in particular jury trials. What we expect from our judicial system is not an error free trial, but a trial process that is properly handled to achieve a fair and just
result. That fair and just result was not achieved in this case.
[…]
To describe the circumstances surrounding the jury management and jury deliberations summarized above as “nothing unusual” is to simply turn a blind eye to the realities of what occurred – in order to save the efforts
expended during a six month trial.
[…]
Can this court, as a matter of common sense, accept the district court’s factual determination that at least some jurors did not harbor fears of prosecution when they rendered their verdicts? Can the majority say that these jurors retained their capacity to render fair and impartial verdicts that can strip the defendants of their liberty and result in the defendants receiving significant prison sentences after the jurors themselves were the subject of an investigation?
[…]
In the final analysis, this case was inexorably driven to a
defective conclusion by the natural human desire to bring an end to the massive expenditure of time and resources occasioned by this trial – to the detriment of the defendants. Given the breadth and depth of both structural and nonstructural errors, I have no doubt that if this case had been a six-day trial, rather than a six-month trial, a mistrial would have been swiftly declared. It should have been here.
Based on either the structural errors or nonstructural errors described above concerning jury misconduct, the convictions in this case should be vacated and the case remanded for a new trial. Because the majority reaches a contrary result, I respectfully DISSENT.
* 11:46 am - DuPage County may actually see a contested race for Democratic Party chairman.
* 12:46 pm - I’ve been curious when Ryan will have to report to prison. CBS2 fills us in…
The opinion came down after the court had granted Ryan an appeal bond, something that politicians convicted of wrongdoing almost never get in Illinois.
In granting the bond, the appeals court had said that once it reached its decision Ryan would have to immediately go to prison to serve his time.
* 3:28 pm - From the US Attorney’s office…
Statement of Gary S. Shapiro, First Assistant U.S. Attorney for the Northern District of Illinois, regarding today’s decision by the United States Court of Appeals for the Seventh Circuit, affirming the convictions of former Illinois Gov. George Ryan and Lawrence Warner, United States v. Warner and Ryan, Nos. 06-3517 & 06-3528:
“We note the Court’s conclusion that “the evidence supporting the jury’s verdict was overwhelming.” Ryan and Warner were convicted of crimes in awarding state leases and contracts that were steered illegally in return for hundreds of thousands of dollars in benefits for Warner and Ryan, including financial support for Ryan’s successful 1998 gubernatorial campaign.
Regarding jury deliberations, the majority concluded that Judge Pallmeyer “took every possible step to ensure that the jury was and remained impartial,” and that while the proceedings gave rise to some unusual problems, it remained so. We are now asking the Court to enforce the order agreed to by the parties last December requiring the defendants to surrender within 72 hours.”
* 4:09 pm - AP…
Former Illinois Gov. James R. Thompson said his law firm was filing Tuesday afternoon for a rarely granted “en banc” hearing that would have the entire U.S. 7th Circuit Court of Appeals hear Ryan’s appeal. Tuesday’s opinion was issued by a three-judge panel split 2-1.
If rebuffed, Thompson said, the firm would take the case to the U.S. Supreme Court.
“Gov. Ryan obviously is disappointed in this result but he has faith in the judicial system, as he has told you, and he has faith in his lawyers,” Thompson said during a news conference at the big Chicago law firm Winston & Strawn, which represented Ryan free of charge. Ryan did not attend
* 5:39 pm - From the US Court of Appeals…
Upon consideration of DEFENDANTS’ EMERGENCY MOTION TO CONTINUE BAIL PENDING APPEAL AND TO STAY SURRENDER DATE, filed on August 21, 2007, by counsel for the appellants,
IT IS ORDERED that the motion is GRANTED only to the extent that appellants’ grant of bail is extended until this court issues its mandate.
IT IS FURTHER ORDERED that this matter is REMANDED for the limited purpose of permitting the district court to determine the conditions of release.
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Question of the day
Tuesday, Aug 21, 2007 - Posted by Rich Miller
First, the setup, from today’s Rockford Register-Star editorial page…
Illinois should become one of the 24 states that prohibit teachers from going on strike.
Only 10 states allow teachers the same right to strike as private-sector workers. Illinois already has laws to prohibit strikes by workers essential to public safety and security, including police and firefighters. […]
Everyone loses when teachers strike. Teachers and administrators lose some of the trust and confidence the community places in them to handle the business of education fairly and in the best interest of the students.
School districts exist for only one purpose: to educate children. Educators should be able to fulfill that mission without fixating on salaries and benefits. It happens in other industries; why can’t it happen in schools?
Now, the question: Should public school teachers be allowed to strike? Why or why not? Explain fully.
Also, please do your very best to confine your responses to the question at hand. Thanks.
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Budget roundup
Tuesday, Aug 21, 2007 - Posted by Rich Miller
* Sneed had this tidbit today…
Rumble is Gov. Blagojevich plans to jettison/veto the latest budget bill today.
* We’ll just have to wait and see. Meanwhile, stories like this continue to pile up…
Gov. Rod Blagojevich’s plan to chop $500 million out of the state budget could affect emergency equipment for police and fire departments, services for the disabled and even efforts to clean up drinking water. […]
But most of the more than $150 million in “member initiatives” would address fundamental needs.
A central Illinois organization that serves people with cerebral palsy is in line for $50,000 to buy equipment that lifts people out of their wheelchairs. Right now, United Cerebral Palsy Land of Lincoln offers day services for 62 people but has only one lift.
“When we found out it might be vetoed, we were dismayed. I was just in shock,” said the group’s president, Brenda Yarnell. “This is not fluff. We would welcome the opportunity to show anyone the work we’re doing and see how difficult it is.”
* And the waiting game is causing some hardship out there…
Karla Miller, the widow of an Illinois State Police trooper who died while on duty, was surprised to learn Monday that her next survivor-benefits check won’t arrive until state government gets a new budget.
She got another surprise when she tried to alert Gov. Rod Blagojevich’s legislative office to her situation. Miller said the man she spoke to eventually hung up on her. She didn’t get his full name.
“He was very flippant and just said, you know, we’re all worried about the budget and we’ll get it fixed and that kind of thing,” she said. “He started to get a little testy with me, and I started to get a little testy back, and then he hung up on me.” […]
Upon hearing about Miller’s experience, Blagojevich spokeswoman Abby Ottenhoff shifted the blame to Comptroller Dan Hynes. She said his office received the paperwork needed to process survivor benefits a couple of weeks ago.
In case you’re wondering, Ms. Miller and I aren’t related.
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Credibility seriously damaged
Tuesday, Aug 21, 2007 - Posted by Rich Miller
My syndicated newspaper column this week is about something that most outsiders won’t really care about, but which is still sending shockwaves through the Statehouse…
In state legislative politics, your word is supposed to be your bond, but that doesn’t always happen. Illinois legislators will often tell one person one thing and tell another something completely different. Rank and file legislators aren’t completely trustworthy.
Legislative leaders, on the other hand, are supposed to be different, particularly when it comes to promises they make to each other. The Senate President, House Speaker and the two minority leaders share an historic bond that is never breached.
By tradition, when the four leaders come to an agreement the pact is considered almost holy writ. They are all obligated to do everything they possibly can to implement their agreement. That trust is absolutely crucial to getting anything done at the Statehouse. When leaders make a bargain, it’s almost always about large, important and politically delicate matters. And nobody can remember a time when those vows have ever been broken.
Until last week, that is.
Go read the whole thing before commenting, please. And keep in mind that even with a 750-word column, there’s not always enough room to fully explain things. That happened this week with my piece as well.
It’s my opinion that the Senate Republicans did not break their agreement with Senate President Jones. They were asking for some additional time because their demands for memoranda of understanding on the capital bill arrived very late. Jones wasn’t willing to give them additional time, probably because he realized that he didn’t have the votes in his own caucus to pass the Chicago casino bill, which was supposed to fund the capital projects, so the SGOPS were a convenient scapegoat.
Also, I forgot to post this yesterday until very late in the day, so I figured I’d wait until this morning.
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Weber vs. Weller?
Tuesday, Aug 21, 2007 - Posted by Rich Miller
* I’m not sure whether he has a chance or not, but Jerry Weller may have a new Democratic opponent…
Jerry Weber, the president of Kankakee Community College since 2001, may soon exchange a career in education for one in politics.
Weber announced Friday that he is launching a “serious exploration'’ of running for the 11th District U.S. Congressional seat currently held by Republican Jerry Weller. Weber, a 56-year-old Bourbonnais resident, would run as a Democrat in 2008. […]
Weber believes one advantage he may hold is name recognition in two regions of the district. Before he came to KCC, he served as a vice president at Heartland Community College in Bloomington.
The 11th District covers the bulk of Will County. It also includes Kankakee and Grundy counties and extends west to Bureau County, with a long narrow territory south to the Bloomington area.
This is a 2008 congressional camaign open thread.
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Morning shorts
Tuesday, Aug 21, 2007 - Posted by Paul Richardson
* Blagojevich nixes higher truck speed limit
* Schools awaiting building funds blast governor
* Schools, others still waiting for state aid
* Property tax hike may be Daley’s only option
* Bill solves dilemma for small public bodies
* Budget battle jeopardizes transit money
* Opinion: Transit chaos is the next stop
Only two years ago in these pages, we warned against the dangers of a “Transit Armageddon,” our metaphor for an impending meltdown of the nearly bankrupt CTA threatening Draconian service cuts and fare increases.
Following normal practice, the Illinois General Assembly at that time band-aided the problem by shifting responsibility for paratransit to Pace and picking up an insufficient share of the costs, only postponing the day of reckoning. Now northeastern Illinois once again faces a looming transit crisis. And frankly, we are beginning to run out of metaphors: Is this an oncoming “train wreck”? Is transit about to “go over the edge of the cliff”?
* Editorial: Crucial funding for interchange awaits Gov’s approval
* Governor acts on hunting, health care bills
* Now tougher for teens to get licenses
* Teen driver’s licenses now harder to get
* Illinois’ new law for teen drivers
* Governor signs new driving rules for teenagers
* Sweeping new rules of the road
* More supervision required for teen drivers
* More rules on teenage drivers
* Law tightens infection control rules in hospitals
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