Speakers announced for Topinka memorial
Monday, Dec 15, 2014 - Posted by Rich Miller
* An interesting lineup…
SCHEDULE FOR WEDNESDAY, DECEMBER 17, 2014:
WHAT: TOPINKA MEMORIAL SERVICE
WHEN: 9:30 a.m.
WHERE: Local 150
6200 Joliet Rd., Countryside
SPEAKERS INCLUDE:
Illinois Governor Pat Quinn
Illinois Governor James R. Thompson
Illinois Governor Elect Bruce Rauner
Illinois Auditor General William Holland
Capitol Fax Publisher Rich Miller
TV & Radio Personality Roe Conn
Topinka Chief of Staff Nancy Kimme
Joseph Baar Topinka
This does not affect my City Club speech. We’re gonna start that on schedule.
* Also, if you’re coming to the City Club thing, make sure to bring a toy. We’re collecting toys for Lutheran Social Services of Illinois’ children’s programs. From Tweed Thornton at the City Club…
Like last year, Lutheran Social Services of Illinois will be on hand before and after the luncheon with Rich Miller to collect wrapped toys for children. The toys should target ages 3-5 and/or individuals can donate gift cards from places where children’s toys are sold.
Lutheran Social Services of Illinois early childhood programs have been in existence for more than 40 years, providing high quality, diverse and culturally sensitive services for children and families in some of Chicago’s most economically disadvantages neighborhoods. LSSI’s mission is to create a stimulating learning environment that promotes social competency and school readiness for preschool age children who are academically and economically at risk.
Please consider donating to them on Wednesday. We look forward to seeing you soon.
More info is here.
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* Pantagraph…
In a sign that replacing Judy Baar Topinka could become an even bigger political battle, Republican Bruce Rauner says he plans to appoint a replacement who will serve the entire four years of the deceased comptroller’s next term.
Just hours after Illinois Attorney General Lisa Madigan said voters should get a say in selecting a replacement for the late comptroller, Rauner issued a statement saying he believes he’s got the Illinois Constitution on his side when it comes to appointing someone to the post.
“The constitution requires that Bruce appoint a comptroller to a four-year term and that is how we plan to proceed,” Rauner spokesman Mike Schrimpf said
That statement sets up a potential showdown between Democrats who control the House and Senate and the newly elected Republican from Winnetka over how to handle the vacancy created when Topinka died unexpectedly Wednesday.
* The full Rauner spokesman quote…
The imminent legal issue on this matter is settled – there are two appointments to fill the Comptroller vacancy. Our further legal analysis finds that the timing for elections of Constitutional officers is established by the Constitution, not by a statute, so a special election would be problematic. The Constitution requires that Bruce appoint a Comptroller to a four-year term and that is how we plan to proceed.
* However, I think supporters of the special election idea would point to this phrase in the “Vacancies” section…
The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law
That certainly leaves open the possibility of a special election if the GA decides to hold one. Con-Con delegates discussed this as well (see page six of the pdf).
* However, the Pantagraph story also contains this passage…
[Attorney General Madigan’s] analysis prompted Senate President John Cullerton, D-Chicago, to begin reviewing dates for when lawmakers could be brought back to town. One date under consideration is Jan. 8.
Um, OK. So, how’s Cullerton gonna do that on his own? I checked in again with the House Speaker’s office this afternoon and received the same reply about a special session that they provided last week. The Speaker wants the executive branch to work this problem out.
In other words, all this talk of a special session to “do something” is for naught unless everyone - first Quinn and Rauner, and then Cullerton, Speaker Madigan and the two GOP leaders - are on board.
A horse can’t walk on two legs, and neither can this special session idea. It’s gonna take more than Quinn and Cullerton to make it happen.
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Today’s number: 132,500
Monday, Dec 15, 2014 - Posted by Rich Miller
* Dave Dahl…
Despite a new report painting Illinois as a job-loser – particularly in terms of the number of jobs it has lost to China in recent years – a state business leader chooses to look ahead.
“The manufacturing sector, beginning in the year 2000, had roughly 900,000 jobs. Today we’re at roughly 600,000,” says Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers’ Association. “Since the year 2010, Illinois has seen a small rebound in manufacturing jobs; we’ve gained about 17,000.”
The Economic Policy Institute says Illinois ranks fourth in the nation in number of jobs lost to China – 132,500 – this century. Denzler says one reason is that Illinois and the states above it – California, Texas, and New York – are among the most populous states in the nation.
* The study is here.
According to the report, Illinois’ 6th Congressional District, represented by Peter Roskam, was one of the hardest hit in the country, with computers and electronic parts accounting for 75.5 percent of the jobs lost.
The 8th CD ranked 56th on the list, with the 10th closely behind at 58th.
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Succession jockeying
Monday, Dec 15, 2014 - Posted by Rich Miller
* Tackiest Facebook page of the week…
People posted links to that page and their own supportive commentary on Grogan’s personal Facebook page, but Grogan apparently deleted them early this afternoon.
* Meanwhile, Laura Washington…
No smoke-filled rooms. No gin martinis. Instead, the politicos and journalists sipped paprika-infused vodka and munched venison tartare last week at the ASGK holiday soiree.
At the prominent political consulting firm’s reception, the buzz was about backroom politics: Who will Gov. Pat Quinn appoint to replace the late, great Illinois comptroller, Judy Baar Topinka? The most intriguing answer I heard: Whoever can help make him a senator.
That is so Machiavellian. And so possible. […]
It’s the most valuable card the lame duck governor has to play. If you want to run for the U.S. Senate, having a statewide office holder in your pocket comes in handy.
I really wish the governor would rise above all this and go out with some class for a change. But I’m not confident that my wish will be fulfilled.
…Adding… ABC 7…
Lieutenant Governor Sheila Simon would like to be named State Comptroller, ABC7 Eyewitness News has learned.
Simon has called Governor Pat Quinn asking to be named to replace Judy Baar Topinka, who died of a stroke Wednesday.
She should save her breath.
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More adventures in misgovernance
Monday, Dec 15, 2014 - Posted by Rich Miller
* Oy…
A critical new report says Gov. Pat Quinn’s 2013 closure of Dwight Correctional Center did not improve conditions for the state’s female prisoners.
In a 40-page investigation expected to be formally released Monday, the John Howard Association said moving more than 1,000 female inmates into a former all-male facility in Lincoln hasn’t lived up to assurances Quinn and his staff offered when the cost-cutting plan was revealed in 2012. […]
the Chicago-based organization found there are 1,985 inmates residing in a facility built to house 1,106.
At times, dozens of inmates must bunk in a gymnasium with access to only two bathrooms. The report also noted a shortage of medical staff and not enough beds for mentally ill prisoners.
As an example, the report noted that 646 prisoners were classified as having serious mental illnesses. But, during a November visit by the group, there were fewer than 160 potential beds to treat them.
* From the report’s “Key Observations”…
In 2013, the Quinn administration closed several correctional facilities in the face of severe prison overcrowding, consolidating the majority of its female prison population in Logan, a male medium security prison, without adequate resources to do so or a viable plan to reduce the prison population.
While the Quinn administration argued repurposing Logan would reduce costs and create a more efficient and rehabilitative environment for the state’s female prison population, it has exacerbated overcrowded conditions, damaged IDOC’s capacity to address the needs of female inmates, and failed to generate meaningful cost savings.
Class action federal litigation has challenged the constitutional adequacy of mental health treatment within IDOC. Recent suicides at Logan expose the need to address the lack of mental health resources for the state’s female prison population.
Without significant reductions in Illinois’ female prisoner population, the best that IDOC’s staff and administration can do with Logan is to try to sustain a precarious, ineffective, and expensive status quo.
Ugh.
* The group documented two suicides in 30 days. More on that topic…
Administrators stated during the November 2013 visit that they did not have enough crisis cells, while the facility averaged 13 watches of varying lengths a week. The average length of time on watch was eight days. On the date of the November 2013 visit, there were six women on crisis watch, with four on suicide watch. At that time, there had been 39 instances of suicide watch the month prior, and 192 suicide watches and 20 instances of self-injurious behavior since Logan became a female facility in March 2013. During the July 2014 visit, administrators stated that they started the day with two women in 10-minute watches and three in 15-minute watches. Crisis cells were located on the Mental Health Unit and Healthcare Unit. During the July 2014 visit, we were told that a newly created caged off portion of a R&C X-house wing could also be used for crisis watch. IDOC stated placement would be based on room availability and only in emergent situations with authorization and reported there are currently 11 crisis beds. […]
Mental health staff commented that they house several women who are “cutters,” and when questioned about why certain inmates in mental health housing reported to JHA that they had experienced periods of months without yard, staff stated that this may be because of self-harming behavior where the inmate might but be able to be safe on yard, given a history of banging her head on the walls or cutting. We were also told that there was not electricity in the cells because the women will stick things in sockets. Staff mentioned that one woman had recently swallowed a battery and that several were on “finger foods” meaning they were restricted from using utensils. JHA appreciates the challenges of managing inmates with serious mental illness, but recommends that Logan take steps to ensure that women can be appropriately supervised and not restricted from yard time unnecessarily. As of August 2014, 213 women in various statuses at Logan had yard restrictions of varying lengths.
…Adding… From IDOC…
The Illinois Department of Corrections (IDOC) agrees with the John Howard Association (JHA) that the ability to provide programs and services is made difficult by the number of inmates and budget constraints. We share JHA’s goals of fewer inmates and more resources in all prisons. The challenges at Logan Correctional Center are numerous, and IDOC has met many of them; we agree that more must be done. We also point out the following:
Logan Correctional Center is crowded but not overcrowded. It has approximately 1,985 inmates in operational space designed for 2,019. The “built to house” number is obsolete, calculated when prisons assigned one inmate per cell. Illinois, like all states, has for decades housed two inmates in most cells. This and added facilities at Logan CC increased its operational capacity to 2,019.
Safety and security record at Logan is consistently outstanding. IDOC tabulates for fiscal years. The numbers total -1- serious staff assault in 19 months of Logan as an all-female facility and -2- serious inmate-on-inmate assaults in the same long period.
Housing inmates in gym space converted to housing last held “dozens of inmates” for only six weeks this summer. Since mid-August, that number has been between zero and 16 (8/10ths of 1% of Logan’s capacity). Though IDOC’s gym housing is safe and secure, we agree with JHA that gym use is not preferable; it is thus not a significant component of housing at Logan.
IDOC was already moving to dramatically increase care to the seriously mentally ill. $8M in Capital Development Board funs have been released for reconstruction and added facilities at Logan. The increased capacity will be rolled out starting in 2015.
Meaningful cost savings absolutely have occurred as a result of closing Dwight. The numbers for FY13, FY14 and FY15 (with six months projected) back up that statement.
Gross reductions from Dwight: $90,940,787
Maintenance of Dwight: -756,000
Added costs at Logan: -42,000,000
Approximate total savings: $48,184,787
This does not factor in the cost of upgrading the aging Dwight facility, had it remained open.
Regarding inmate suicides, the two were committed by seriously mentally ill inmates at Logan this fall and were sad and unfortunate. However, as mental health professionals know, suicide is not completely avoidable among the seriously mentally ill. IDOC doesn’t hesitate to put inmates on suicide watch; these inmates did not present symptoms of risk or ideations of suicide at that time.
Importantly, there had not been a suicide at Logan CC in five years, including the first 1.5 years of its transition to a women’s prison, the most challenging time in such a transition. IDOC’s overall suicide rate is among the lowest in U.S. prison systems (4-6 in each of recent complete calendar years) and its death rate from all causes is 1.61 per 1,000 people—lower than every other comparable-size correctional system in the country, according to federal statistics. The general U.S. population death rate is 8.01 per 1,000 people.
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Question of the day
Monday, Dec 15, 2014 - Posted by Rich Miller
* Judy Baar’s passing knocked the annual awards out of the picture for a while. We’re now way behind schedule, so we need to get back on track.
Comptroller Topinka was runner-up last year for the Best Statewide Officeholder Golden Horseshoe, so I’d ask for acclamation on giving her the award this year and naming it after her going forward. Hearing no objections, it is so ordered.
* OK, we have two other awards to give today. Voting was close last week, but the 2014 Golden Horseshoe for Best Democratic Illinois State Senator goes to Andy Manar…
Sen. Andy Manar for the Senate not for his commendable work on school funding but for navigating through a tricky district incredibly well, so well that he doesn’t get credit. Conservatives I know love the guy despite knowing many votes he has taken that drive them crazy. Liberals I know love the guy too despite a few votes he has taken. Even his political enemies respect him. He manages complex policy issues well and he manages the politics of a conservative district well which is why he was easily re-elected. Not too many members of the Senate represent districts as difficult as Sen. Manar.
* The 2014 Golden Horseshoe for Best Democratic Illinois State Representative goes to Mike Zalewski…
He’s shepherded some huge issues through the State House and been a key negotiator on others. He has the respect of everyone in the chamber and has the ability to reach across political and geographic barriers. His future is exceptionally bright.
* Today’s categories, with last year’s winners in parentheses…
* Best Illinois State Senator - Republican (Senate GOP Leader Christine Radogno)
* Best Illinois State Representative - Republican (Rep. Ed Sullivan)
* As always, please do your very best to nominate in both categories and make sure to explain your nominations or they won’t count. Thanks.
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* From an Attorney General Lisa Madigan press release…
The State now faces two issues relating to the Office of the Comptroller. First, the Office of the Comptroller is vacant due to the passing of the sitting officeholder. Second, because Comptroller Topinka was also the Comptroller-elect, her passing leaves the State without a Comptroller-elect who can begin serving as Comptroller when the new term begins January 12, 2015.
The legal analysis of these issues is based on a review of the Illinois Constitution and statutes, as well as the official documents related to the adoption of the Constitution. These documents include the official information distributed to the voters, the explanation provided by the committees that drafted the provisions, and the comments of the Constitutional Convention’s delegates.
The language of the Constitution and the official documents related to its adoption address both of the issues.
Article V, section 7 states:
If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor.
As this language makes clear, the Constitution details two distinct scenarios in which the Governor is authorized to fill the Office of Comptroller with an appointee – when the Comptroller-elect “fails to qualify” and when the Comptroller’s “office becomes vacant.” An officer-elect, such as the Comptroller-elect, “fails to qualify” to begin serving in office when, for example, he or she is unable to take the oath of office.
In addition to the language of section 7 of the Constitution, it is clear from the report of the committee drafting this section and the debates of the delegates that they considered a failure to qualify for an office to be separate and apart from a vacancy in office. The committee report and debates establish that the drafters specifically anticipated and directly addressed the unfortunate situation the state faces with the passing of the incumbent Comptroller who is also the Comptroller-elect by adding the phrase “fails to qualify” to section 7 and, as a result, authorizing the Governor to make an appointment.
Based on the language in the Constitution and the discussion during the drafting, it is my conclusion that a vacancy takes place when an officer is serving in the office and can no longer continue to do so, such as here, where the Comptroller has passed away while in office. A failure to qualify, on the other hand, will not occur until an officer-elect cannot be sworn in and thus qualify to begin serving.
Thus, the death of Comptroller Topinka creates a vacancy that the Constitution authorizes Governor Quinn to fill.
Because Judy Baar Topinka was also the Comptroller-elect, she will not be able to take the oath of office on January 12, 2015. As a result, on that date she will fail to qualify to serve as Comptroller. At that time, the sitting Governor – current Governor-elect Rauner – will be authorized by the Constitution to appoint a successor to hold the office.
Although the current vacancy in the Comptroller’s office and the anticipated failure of the Comptroller-elect to qualify to begin serving in office on January 12, 2015, are both the result of the passing of Judy Baar Topinka, the Constitution treats them as separate events – one occurring immediately in the passing of the current Comptroller and the other occurring when the Comptroller-elect will be unable to be sworn into office and qualify to begin serving the term that starts on January 12, 2015. In each case, the sitting Governor has the authority to make an appointment to fill the Office of Comptroller. In this situation, Governor Quinn has the authority to fill the current vacancy and Governor-elect Rauner, once he is sworn into office, will have the authority to make an appointment to fill the Comptroller’s office due to the failure of the Comptroller-elect to qualify.
Further, while the current law allows an unelected Comptroller to serve in office for four years without the approval of Illinois voters, it is a fundamental principle in a democracy that the people should elect the officers who represent them. Although the drafters of the 1970 Constitution provided that the Governor should fill the office of Comptroller with an appointee in certain circumstances, they also recognized and ensured that the General Assembly could choose to provide by law for a special election when an appreciable time remains in an uncompleted term.
The State is now facing the undemocratic circumstance in which an appointee could serve the Comptroller’s full four-year term, notwithstanding that there is a statewide election in 2016 that could provide the voters with the opportunity to elect a successor to serve half of the term.
I urge Governor Quinn, Governor-Elect Rauner, the legislative leaders and the members of the General Assembly to support and move forward with a new law allowing the people of Illinois to vote, at the next regularly scheduled statewide election in 2016, to determine who will serve as Comptroller until the 2018 election.
* One of the arguments AG Madigan makes is that the old state constitution was changed to address this very issue. Click here and read pages 6-8 and 13 (Wayne Whalen’s commentary at the bottom of that page) for more info.
*** UPDATE 1 *** I asked Gov. Pat Quinn’s office for a response. It ain’t much, but here it is…
The Governor appreciates the Attorney General’s counsel and is reviewing it.
*** UPDATE 2 *** From Gov.-elect Bruce Rauner…
“It is unfortunate we are even having this discussion less than a week following Judy’s death - now is a time we should be honoring her legacy.”
“I appreciate Attorney General Madigan’s thoughtful and thorough review of this matter. There is now clear bi-partisan agreement that the legal question is settled: there are two appointments – one to fulfill the remainder of Comptroller Topinka’s term and another to fulfill the term to which Judy was elected on November 4th.”
“With less than a month remaining in the current term, I continue to believe the best course of action for the people of Illinois is to maintain continuity in the office and respect the wishes of the Topinka family.”
*** UPDATE 3 *** From House Republican Leader Jim Durkin…
“We are pleased that the Attorney General’s legal analysis is in line with what Governor-Elect Rauner and I’ve been saying over the past several days that there must be two appointments for comptroller. Thanks to the quick response by Attorney General Lisa Madigan. We can now put this question behind us and instead honor the achievements and extraordinary life of Judy Baar Topinka.”
*** UPDATE 4 *** From Senate President John Cullerton…
Illinois suffered a terrible loss with the passing of Judy Baar Topinka. In the wake of this tragedy, we face unprecedented challenges regarding the fiscal future of the state and the leadership of the comptroller’s office. Even as we continue to mourn, we are compelled to consider the appropriate action to fill the vacancy she left.
There is a clear legal dispute with many unresolved questions about the appointment authority of Governor Quinn and Governor-elect Rauner. This will undoubtedly be litigated. That reality, shouldn’t stop us from recognizing the fact that voters should be allowed to elect a comptroller of their choosing in 2016. We need a special session to immediately consider legislation for a special election.
Legislative action can ensure that under certain circumstances the people of this state have the opportunity to elect constitutional officers of their choosing in a no cost manner that is consistent with special elections for Illinois senators. I trust that the legislature can honor Comptroller Topinka’s memory and the will of the voters as we approach these constitutional questions in a very sensitive time.
*** UPDATE 5 *** Senate Republican Leader Christine Radogno…
“The Attorney General’s legal analysis should be the definitive end to any debate. Two appointments are necessary to fulfill the unexpired term and the upcoming term of our beloved Comptroller Judy Baar Topinka. This confirms the internal review we conducted last week. Governor Quinn has the authority and responsibility to choose a successor for the current unexpired term. Governor-elect Rauner, upon taking office on January 12, has the authority and responsibility to name the Comptroller for the complete four-year term.”
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Honoring and remembering JBT
Monday, Dec 15, 2014 - Posted by Rich Miller
* My Crain’s Chicago Business column…
When the shock finally wore off after learning that Illinois Comptroller Judy Baar Topinka had died, I started wondering what she’d want to happen next.
Who would she want to replace her? How would she want this transition handled? How would she want to be remembered?
I figured she’d probably want Rep. Tom Cross, R-Oswego, to take her place. Topinka helped persuade Cross to run for state treasurer.
And that’s when it hit me. I’m not sure why I was so dense. Blame it on the grief.
Go read the rest before commenting, please. Thanks.
* My syndicated newspaper column…
Comptroller Judy Baar Topinka had a stroke the morning of Dec. 9, but that’s not what killed her. In fact, by that afternoon, she announced she was going to walk to the restroom. Her chief of staff Nancy Kimme told her not to try because she was paralyzed on her left side. In mocking defiance, Topinka started kicking her no longer paralyzed leg.
By early evening, medical staff told Topinka that she’d be out of the hospital in a few days and would then need three weeks of rehabilitation. The indestructible Topinka appeared to have won again, just like she did after she fell and broke her hip and badly injured her back after giving a speech in 2012. The accident slowed her down, but it never stopped her, never silenced her, never broke her spirit, never stopped her from running for re-election.
What finally felled Topinka was completely unexpected. Hours after her speedy recovery, Topinka fell asleep. A massive blood clot somehow withstood her blood-thinning medication and got around a clot trap installed beneath her rib cage and entered her lung.
The end came quickly.
In a matter of seconds, we lost not only one of our state’s strongest voices for financial prudence, its most consistently successful female statewide elected official, its most pro-union, pro-gay rights Republican, but also its most human politician.
My brother Doug met Topinka when he was with me at an event. Doug posted this on his Facebook page the day she died: “She was the first statewide elected official I ever met that I thought ‘Hey, she’s just a regular person like the rest of us.’”
Judy only talked down to dunderheads. Everyone else was treated like an old friend, and she just had that way about her that you knew she meant it.
I once had lunch with Judy in her west suburban state Senate district. She took me to a local Bohemian place and I barely got to talk to her. She knew, by name, just about everyone at that restaurant. People literally lined up to shake her hand and chat with her the entire time we were there. She’d hug them, ask about their children, their aunts, their cousins, mostly by name. She never lost that smile, even while she was eating.
She often told stories about when she served in the Illinois House of Representatives during the height of the Equal Rights Amendment debate. Ultraconservative women, she’d humorously recall, would often grab her arm, fall to their knees and pray for her.
What did you do? I asked.
“I let them pray!” the ERA supporter hooted. She thanked them for their prayers and continued on her merry way.
Topinka was elected to the Illinois Senate in 1984, after first building a House constituent services program unlike almost anywhere else. Her phone number was always public, and she would get calls at her home at all hours, once from a constituent during the middle of the night with a cat up a tree. She served not only her own constituents, but also those who lived in the neighboring district represented by former Democratic Senate President Phil Rock, who was often too busy with the affairs of state to handle mundane constituent requests.
Born to immigrant parents, Topinka graduated from Northwestern University’s Medill School of Journalism. She went on to write a column called “Let’s Talk” for the Berwyn-Cicero Life newspaper. Former state Rep. Jack Kubik, who once represented half of Judy’s Senate district, said it was the most-read column in his family’s newspaper. It was all about political stuff that nobody else was writing about. The two of us were a natural fit.
I first encountered Judy not long after I was hired as Hannah Information’s Statehouse columnist in 1990. She was fascinated by the company’s “new wave” technology and my “alternative” form of journalism. Her Senate office quickly became my second home.
Few would talk to me back then because I wasn’t anybody. We were both “nobody what nobody sent” and we reveled in it. Topinka was elected to her first House term over the opposition of the local party bosses. I started writing about Statehouse politics for a little technology startup.
Judy helped teach me how to be successful in this crazy business. She also taught me to treat strangers and acquaintances like old friends, because one day they could be.
I loved that woman.
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