Quinn under intense fire for 11th hour moves
Thursday, Jan 15, 2015 - Posted by Rich Miller
* Some of former Gov. Pat Quinn’s last-minute clemency decisions are raising hackles…
Ten years ago next month, Howard Morgan, a railroad cop and former Chicago police officer, was stopped driving the wrong way on a one-way street. Morgan and the four arresting officers had words, then gunfire. Three of the officers were wounded.
Morgan was shot 28 times, but survived. He was convicted of attempted murder and sentenced to 40 years, essentially a life sentence. […]
Morgan’s family and supporters have argued for years that he was the victim of overly aggressive cops and overzealous prosecutors, but his release has infuriated State’s Attorney Anita Alvarez who contends the executive clemency process is without any explanation or consideration.
She calls it a “…last minute secretive maneuver that puts the rights of victims of crime and their families at the bottom of his list of priorities.”
Fraternal Order of Police President Dean Angelo also condemning the decision as
“…an 11th hour decision that’s a slap to the faces of the officers wounded that night.”
* And…
[Tyrone Hood], 51, was found guilty in the death of Illinois Institute of Technology basketball standout Marshall Morgan Jr. and was sentenced to a half century in prison. But Hood has insisted through the University of Chicago’s Exoneration Project that evidence pointed to someone else. Cook County prosecutors have re-examined the case.
[Anthony Dansberry], 52, had been serving a 60-year sentence for murder and a 15-year term for robbery in connection with the death of a 77-year-old woman. Attorneys have argued on Dansberry’s behalf that he couldn’t read and was coerced into signing a confession. […]
Alvarez, through spokeswoman Sally Daly on Monday, called the clemency process a “secretive maneuver that puts the rights of victims of crime and their families at the bottom of the list of priorities.”
On Wednesday, Daly told the AP that Quinn didn’t allow for “substantive hearings” in which prosecutors and victims’ families could weigh in. Prosecutors, Daly added, were left “without any explanation or justification as to why the defendants were selected to have their sentences commuted.”
* And more…
The state’s attorney in southwestern Illinois’ Madison County, Tom Gibbons, considers it “appalling” that Quinn cutting in half the prison term of a woman who fatally set her husband on fire.
Quinn offered no explanation for reducing Tammy Englerth’s 40-year prison sentence for the 2005 death of 30-year-old Christopher Englerth. She’s now eligible for parole in 2025, rather than in 2045 as first projected.
Her clemency petition says she was chronically abused while married.
* More…
Champaign County State’s Attorney Julie Rietz expressed dismay over Quinn’s decision on [former University of Illinois student Joseph Kupiec], saying she is “offended by it.” […]
What is most striking is how little the facts mattered in Quinn’s review. There is a complete disconnect between Kupiec’s version of events and court records, something easily discovered had the normal review process occurred. […]
“We haven’t even done our hearings on this case. (Gov. Quinn) didn’t even wait for us to make our recommendations,” said Kenneth Tupy, counsel for the Illinois Prisoner Review Board. […]
(T)he victim said Kupiec’s account is “just not accurate at all.”
* And then there’s this one…
Aaron Ammons, a former drug user with a felony conviction who went on to become a community activist and help run his wife’s successful [Illinois House[ political campaign, received a pardon and expungement of his criminal record this week. […]
With a pardon and expungement, Ammons is now clear to do things he could not have done before, from coaching basketball to serving on city council.
Carol Ammons resigned from her seat on the council on Friday, and Aaron Ammons said he plans to apply for his wife’s seat.
He filed the paperwork for the pardon on Jan. 2. On Monday, aware that was the last day it could happen, Ammons was “on pins and needles.” He was notified of the news Monday by The News-Gazette, which obtained a list of Quinn’s last-minute pardons.
* Columnist Jim Dey thinks that ten-day process was overtly political…
In granting a political favor to the husband of a fellow Democratic officeholder, Quinn short-circuited the traditional review process that includes a hearing and a formal recommendation by the Illinois Prisoner Review Board.
The full clemency list is here.
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Question of the day
Thursday, Jan 15, 2015 - Posted by Rich Miller
* SJ-R…
Gov. Bruce Rauner used a Bible with a historical connection to Springfield on Monday when he was sworn in as governor.
Rauner used a Bible supplied by the Illinois Historic Preservation Agency that had belonged to Springfield heiress and philanthropist Susan Lawrence Dana, who commissioned architect Frank Lloyd Wright to design and build her home — what is now the Dana-Thomas House State Historic Site.
* And speaking of that Bible, from the twitters…
Heh.
* That snarky Twitter account was on fire the day Rauner was sworn in. Many of the tweets are unprintable for this site, but here are a few from just before and immediately after Rauner took office…
* OK, let’s get back to the right hand on the Bible thing. Check out this photo taken during Rauner’s practice session…
Both Rauner and the judge are holding up their left hands, just like they did on Inauguration Day.
* The Question: Is this some sort of plot? Explain.
Snark is obviously encouraged.
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* From a press release…
Governor Bruce Rauner signed Executive Order 15-10 today to increase government transparency.
Under Executive Order 15-10, Rutan-exempt employees will be published on the Illinois Transparency and Accountability Portal (ITAP) website, finally giving the people of Illinois a way to easily find the state’s political hires.
“The IDOT hiring scandal proved the public deserves a way to easily find out who are all the political appointees in state government.” Gov. Rauner said. “We need to restore faith in state government if we expect the people of Illinois to help the government in its mission. This Executive Order is a first step towards earning back the people’s trust.”
The Executive Order also instructs the Illinois Department of Central Management Services (CMS) to assist units of local government in providing information about their employees for posting on the ITAP website.
“Taxpayers at every level of government deserve to know more about how their money is being spent,” Gov. Rauner added. “The action we are taking today will help build a more open and accountable government.”
The full EO is here.
* Rauner also had a few other things to say today…
* “Since the election, my primary focus has been recruiting. Recruiting the most talented team we can possibly have.”
* Asked whether he’ll undo Quinn’s executive order mandating that state contractors pay workers at least $10 an hour: “I won’t comment on specific things. My bias is to take action to undo pretty much everything that Gov. Quinn did since the election since every time we look most of it’s bad.”
* “There’s so much to do, there is so much to do.”
* Communication with legislative leaders by previous governor was, “Lacking or frigid.”
* “People who disagree don’t have to be disrespectful to each other… We can still like each other and respect each other even when we’re cracking each others’ heads…”
* “The bureaucracy in Illinois has run amok, and I’m going to change that.”
* On that $20 million campaign fund: “All that is is a way for me to get involved in the process going forward… There’s an ongoing campaign every day… around reform… We’ve got to get our message to the voters… There’s going to be an ongoing process, every month. It’s not just two years until the next election. It’s a process to communicate with people in this state so they understand what’s going on.”
* Raw audio…
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Rauner to keep med-mar coordinator in place
Thursday, Jan 15, 2015 - Posted by Rich Miller
* There are most certainly bumps ahead, but this is important…
The state’s medical marijuana czar is staying put as the new governor issues pink slips to some state employees.
Bob Morgan, a lawyer and the coordinator of the Illinois Medical Cannabis Pilot Program, is “staying aboard for now,” said Gov. Bruce Rauner’s spokesman, Lance Trover.
The news was welcomed by some worried that Morgan would be immediately fired by the Republican Rauner, as he cleans house. The program has already suffered setbacks and delays because former Gov. Pat Quinn did not issue the business licenses needed to get the program going.
“It’s an excellent choice by Gov. Rauner,” said Rep. Lou Lang (D-Skokie), who sponsored the medical marijuana legislation. “I’m proud that he did that.”
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Shields up!
Thursday, Jan 15, 2015 - Posted by Rich Miller
* From a January 12th Daily Herald story…
Both Sanguinetti and Rauner greeted well-wishers at Illinois’ Old State Capitol Monday. Sanguinetti said there she is not answering any questions at this time, but will “very soon.”
* Assistant managing editor Jim Slusher takes gentle exception today…
As a Wheaton resident, Sanguinetti holds special interest for us at the Daily Herald. She’s a local product, now a heartbeat — or, perhaps taking the less-often-considered Pat Quinn route, one felony conviction away — from becoming the chief executive of the state. We’ve wanted to ask her a few questions since she and her boss Bruce Rauner won the election last November but we’ve been repeatedly left to place our hope in that phrase “very soon.”
We can live with that. She is the lieutenant governor, after all, and the Pat Quinn experience notwithstanding, the likelihood is not strong that she will soon become a household name outside of the West and Northwest suburbs. We’re confident that soon enough she’ll sit down with reporters from her hometown newspaper to discuss what it’s like to make the transition from local city councilwoman to the center of political power in the state and perhaps provide some insights into how she’ll shape an office that has few official duties. […]
So far, during the campaign and in the weeks since it ended, the Rauner reputation has become one of fierce control, though it’s important to point out that the governor and his staff are still at the very early stages of a long transition and have made some obvious attempts to cooperate with us pesky journalists.
But is so much control a good strategy? Time will tell. Pundits are quick to point out that too much of it can lead people to wonder what a politician really has to offer — or what he or she may be hiding. Perhaps sometime “very soon,” we’ll see more detail inside a camp that so far has been very cloistered and realize our worries and speculations were unfounded. For now, we’ll count on that.
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Duckworth to be honored today
Thursday, Jan 15, 2015 - Posted by Rich Miller
* Yet another landmine placed by former Gov. Pat Quinn…
*** MEDIA ADVISORY ***
Representative Duckworth, US Army Iraq Veteran To Receive the Abraham Lincoln Veteran Champion Award
Tammy Duckworth epitomizes the veteran who returns from military service and becomes a great asset to her fellow veterans, community, and country. She is an Iraq War Veteran, former IDVA Director, former Assistant Secretary of Veterans Affairs, and currently represents the Illinois 8th District in Congress. In 2004, Duckworth deployed to Iraq as a Blackhawk helicopter pilot for the Illinois Army National Guard and was one of the first Army women to fly combat missions during Operation Iraqi Freedom. Her helicopter was hit by hostile fire on Nov. 12, 2004, and Duckworth lost her legs and partial use of her right arm as result. She was awarded a Purple Heart for her combat injuries, and also earned the Meritorious Service Medal, Air Medal, Army Commendation Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Armed Forces Reserve Medal with M Device, Army Service Ribbon, Army Reserve Component Overseas Training Ribbon, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Expert Marksmanship Badge (Pistol and Rifle Bars), and the Army Aviator Badge. She is active in her community, in volunteer service, and recently retired from the National Guard. She and her family reside in Hoffman Estates.
The Abraham Lincoln Veteran Champion Award (ALVCA) highlights and honors Illinois veterans whose contributions in service to the veteran community and their local communities are truly above and beyond. Nominees are evaluated on the basis of their leadership, dedication, innovation, and impact in serving these communities. ALVCA recipients are those whose efforts add to the powerful narrative that veterans are dedicated, lifelong public servants from whose efforts all of Illinois’ communities stand to benefit. In contributing to this narrative through their service to veteran and local communities, the ALVCA recipients not only impact the lives of those they serve, but also the overall advocacy effort for Illinois veterans. She was nominated in early 2014 by Theresa Mah, former advisor to then-Governor Pat Quinn, for the award.
IDVA Interim Director Harry F. Sawyer will present the award on behalf of Governor Bruce Rauner, which includes a framed proclamation as well as a State Flag.
Um, huh?
Duckworth has been mentioned repeatedly as a possible Democratic opponent for US Sen. Mark Kirk, who probably won’t be happy about this.
But since it was already a done deal, the Rauner folks couldn’t stop it without looking like jerks, so they went ahead.
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Legislative inauguration tidbits
Thursday, Jan 15, 2015 - Posted by Rich Miller
* Tribune…
Noting recent budgets have been approved with only Democratic votes, Madigan pointedly said to GOP members that House Democrats “wish to welcome you back — back to the active participation of state government.” […]
“Now with the loss of revenue caused by the expiration of the Illinois income tax increase, there will be many difficult roll calls up ahead. And we Democrats are very anxious to work together on those tough roll calls,” Madigan said, turning to his cheering colleagues. “Right, everybody?” […]
Back in the Senate, Radogno admonished Democrats and members of her own Republican Party to listen to each other and not to rely on easy ways to avoid confronting the state’s problems.
“We will only be successful if our knee-jerk response to other people’s ideas is not to fall back in the comfort of partisan rhetoric and run for the cover of special interests,” she said.
* Sun-Times…
[House Majority Leader Barbara Flynn Currie] told the crowd of hundreds in Sangamon Auditorium that the Southwest Side Democrat is fully capable of working with a Republican governor.
“His record shows he works well, even better with the Republican than the Democratic variety,” Currie said. […]
[Speaker Madigan] said the No. 1 issue Illinois will face is the deficit, which he estimated at $5.7 billion for the next budget.
Madigan vowed to protect the working class, even while slashing the budget deficits. And he said the state must focus on education, from early childhood education to higher education.
* SJ-R…
“Governor, we need to raise the minimum wage,” Cullerton said. “The same voters who sent us here want a higher minimum wage in Illinois. It’s time to deliver.” […]
Cullerton pledged to work on streamlining the process for businesses to complete the necessary paperwork to begin operating in Illinois.
And he said it is time for lawmakers to prove their oft-repeated campaign promises that education is a top priority.
“If education is indeed our top priority, it is time to back it up,” he said, citing the funding divide among public schools.
* Erickson…
With Democrats firmly in control of the legislature, Rauner’s presence in the Capitol could be a recipe for Washington-style gridlock or it could represent a new era of bipartisanship at a time when the state is in a financial tailspin.
State Sen. Bill Brady, who had challenged Rauner for the GOP gubernatorial nomination last year, said the political newcomer represents a fresh start in a state battered by bad fiscal news.
“Even the Democrats haven’t been happy with the last 12 years. We all know the failures of Rod Blagojevich. We all know the shortcomings of Pat Quinn. Bruce Rauner brings a new approach,” said Brady, R-Bloomington.
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* Bruce Rushton at the Illinois Times…
A lawyer once at the center of disputes between Attorney General Lisa Madigan and former Gov. Rod Blagojevich is now Gov. Bruce Rauner’s top adviser on environmental issues.
“Oh my God,” exclaimed former assistant attorney general Thomas Davis when told that Robert Alec Messina has been tapped by Rauner to be the governor’s policy adviser on energy and the environment.
As general counsel for the Illinois Environmental Protection Agency under Blagojevich, Messina in 2007 wrote a letter to Madigan’s staff saying that the IEPA would no longer refer cases to the attorney general for enforcement. Criminal enforcement referrals that had already fallen stopped entirely, with no criminal cases being referred from IEPA to the attorney general for at least two years.
Referrals began dropping in 2005, when Madigan launched an investigation into allegations that Blagojevich had been trading jobs for campaign contributions. The rift deepened when Blagojevich cut funding for the attorney general’s office and Madigan responded by threatening to keep fines collected from polluters that otherwise would have gone to fund other agencies. […]
In 2009, eight days before Blagojevich was impeached, Messina wrote a letter to Michael Beyer, chief executive officer of Macoupin Energy, promising that IEPA would work “in a cooperative spirit” with the company to address water pollution at a coal mine near Carlinville that the company wanted to buy from ExxonMobil. Macoupin Energy subsequently bought the mine, which had been idle, and restarted operations under ExxonMobil’s permit, even though the permit wasn’t supposed to be transferable under terms of its initial approval in the 1990s. […]
Macoupin Energy is a subsidiary of Foresight Energy Services, a top donor to Rauner’s inauguration committee that gave between $50,000 and $100,000 to help pay for inaugural festivities. Foresight donated $10,000 to Rauner during the campaign but also gave $48,500 to former Gov. Pat Quinn. […]
“(He’s) extremely, extremely pro-business,” said [Phil Gonet, president of the Illinois Coal Association], who served on Rauner’s transition team. “I couldn’t be happier with his appointment there. I think it is in keeping with what the transition team said was important in improving the business climate in Illinois.”
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A new study by the Institute on Taxation and Economic Policy (ITEP) and the Fiscal Policy Center at Voices for Illinois Children finds that the lowest income Illinoisans pay nearly three times more in taxes as a percent of their income compared to the state’s wealthiest residents.
The study, Who Pays?, analyzes tax systems in all 50 states and factors in all major state and local taxes, including personal and corporate income taxes, property taxes, sales and other excise taxes. Unfortunately, Illinois ranks fifth worst in ITEP’s “Terrible 10” states with the most unfair, or regressive, tax systems. Among Midwestern states, Illinois is the worst.
One positive aspect of Illinois’ tax system is the state’s Earned Income Tax Credit, which lets low- and moderate-income working families keep more of their earnings to help pay for things that help them keep working, such as child care and transportation. To improve tax fairness in Illinois, lawmakers should increase the value of the state’s Earned Income Tax Credit.
“Illinois has the most unfair tax system in the Midwest. As a percentage of their income, the poor pay more, and the rich pay less in taxes here than in any of our neighboring states.” said David Lloyd, director of the Fiscal Policy Center. “That’s what happens when taxes are not based on ability to pay, but rather on a flat rate.”
Illinois’ tax system is regressive, because the lower one’s income, the higher one’s tax rate. This is in part because Illinois, unlike most other states, does not have an income tax where taxpayers with higher incomes pay a higher rate and taxpayers with lower incomes pay a lower rate. Without such a fair income tax, there is nothing to offset the higher share of income that poorer taxpayers pay in sales and property taxes.
How Illinois taxes residents matters for a variety of reasons. In recent years, anti-tax advocates have pushed for tax policies across the country that would reduce tax rates for the wealthy and businesses. In Illinois, the recent income tax cut disproportionately benefits the wealthy, while many of the proposed ideas to partially offset the deep revenue losses would increase taxes on poor and middle-income families.
There’s also a more practical reason for Illinois and all states to be concerned about regressive tax structures, according to ITEP. If the nation fails to address its growing income inequality problem, states will have difficulty raising the revenue they need over time. The more income that goes to the wealthy (and the lower a state’s tax rate on the wealthy), the slower a state’s revenue grows over time.
“In recent years, multiple studies have revealed the growing chasm between the wealthy and everyone else,” said Matt Gardner, executive director of ITEP. “Upside down state tax systems didn’t cause the growing income divide, but they certainly exacerbate the problem. State policymakers shouldn’t wring their hands or ignore the problem. They should thoroughly explore and enact tax reform policies that will make their tax systems fairer.”
They’re obviously referring to the governor’s service tax idea when they talk about proposals that would “increase taxes on poor and middle-income families.”
* The study is here.
From the intro…
This study assesses the fairness of each state’s tax system by measuring state and local taxes paid by non-elderly taxpayers in different income groups in 2015 as shares of income for every state and the District of Columbia. The report provides valuable comparisons among the states, showing which states have done the best — and the worst — job of providing a modicum of fairness in their overall tax systems. The Tax Inequality Index (Appendix B) measures the effects of each state’s tax system on income inequality and is used to rank the states from the most regressive to the least regressive.
The ten most regressive…
* From the Illinois page, this is the percentage impact of state and local sales and excise taxes based on family income…
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* From the governor’s office…
Readout of GOMB Meeting with Agency Chief Financial Officers
SPRINGFIELD – Tim Nuding, director of the Governor’s Office of Management and Budget, led a meeting and conference call with state agency chief financial officers to discuss Executive Order 15-08 addressing the state’s fiscal crisis.
Nuding stressed the dire fiscal condition of the state and the need to eliminate a mid-year budget hole totaling nearly $1.5 billion.
He strongly emphasized the seriousness of the executive order and that agencies must aggressively determine spending that can and will be halted.
He also asked agencies to begin building their reserves as much as possible by retaining money from items like unspent grants wherever applicable.
Nuding made clear that the Administration is preparing to responsibly manage the inherited budget hole without inter-fund borrowing and the governor does not want to push more unpaid bills into next year.
Last, Nuding said that the governor is not afraid to take the arrows and do what it takes so we can get to the point where Illinois doesn’t have fiscal crises year after year.
Those CFOs are Quinn holdovers, so we’ll see how much they cooperate.
The executive order referenced above is here.
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Question of the day
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* Yesterday, Gov. Bruce Rauner told reporters that he had been told by the Senate that he would be addressed as “His Excellency” during today’s inauguration ceremony, over which the governor presides.
Rauner said he didn’t want to be addressed with that honorific, saying they should just refer to him as “Governor.” But I’ve already heard him called “Your Excellency” at least once today.
* From Wikipedia…
Excellency is an honorific style given to certain members of an organisation or state. Once entitled to the title “Excellency”, the holder usually retains the right to that courtesy throughout his or her lifetime, although in some cases the title is attached to a particular office, and is held only for the duration of that office.
Generally people addressed as Excellency are heads of state, heads of government, governors, ambassadors, certain ecclesiastics, royalty, aristocracy, knights and military, and others holding equivalent rank (e.g., heads of international organizations, high commissioners in the Commonwealth of Nations).
It is sometimes misinterpreted as a title of office in itself, but in fact is an honorific that precedes various titles (such as Mr. President, and so on), both in speech and in writing. In reference to such an official, it takes the form His/Her Excellency; in direct address, Your Excellency, or, less formally, simply Excellency.
* The Question: Your own suggestion for a new honorific for Gov. Rauner?
Keep it light and have fun, please.
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The sky is falling!!!
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* Talk about over the top…
In a political move reminiscent of Gov. Rod Blagojevich, Gov. Bruce Rauner
will make Rep. Wayne Rosenthal (R-Litchfield) the head of the Illinois Department of Natural Resources, multiple sources said.
That breaks campaign promises to have a professional head the agency.
Instead, it will be Rosenthal, a retired Illinois Air National Guard Brigadier General who operated the family’s grain farm. He is an avid hunter, who established a game preserve.
The decision, the exact opposite of shake up Springfield, is doubly insulting because sportsmen and women were some of Rauner’s staunchest supporters and credited with helping him win a tight primary.
That lede is just outrageously ignorant of history. Blagojevich? Come on, man.
Rosethal is a highly respected legislator and is deeply involved in conservation issues. The Rauner team was blown away when they interviewed him. I gotta figure sportsmen and sportswomen are gonna like him.
* And I’m not sure that Rauner promised to appoint a “professional” to lead the department. For instance…
He spoke about his concerns regarding the state’s Department of Natural Resources, saying there are problems there he hopes to fix.
“We’ve had folks in the department who don’t have expertise in natural resources or how to fix. We need folks who really know the biology, the ecology, and who really know the hunting and fishing in the department. And I’ll restore that,” said Rauner.
Rauner says he hopes to accomplish that by hiring experts and properly funding the department.
Those experts would be on a lower rung than the director.
Also, this…
When asked what he would specifically do to improve the IDNR, he initially expressed his love of the Illinois outdoors. Bruce Rauner is an avid hunter, having taken many deer since his youth. He and his family hike and fish and truly understand the importance of this state’s natural resources.
First, he stated, he would evaluate all IDNR management positions and replace any one not qualified to do their assigned job. He suggested that many of IDNR appointed managers were never capable of doing what they were hired for, and thus have failed to deliver. He stated that regardless of whether it is the management of deer or any natural resource, he would assign “qualified people” in those fields to ensure that our natural resources received the expertise and attention they deserve. He fully comprehends the need to balance sound resource management with sportsmen opinion.
The director oversees these managers, who do, indeed, need to be qualified professionals.
* A less hostile take…
At first glimpse, naming a legislator to a cabinet position doesn’t seem like a major “shake-up” of things. And the last time we had a legislator atop DNR (Joel Brunsvold) things went poorly. Then again, things didn’t go real well under a “resources conservation professional,” the phrase that became common under departed Director Marc Miller.
Miller’s problem was not a lack of conservation knowledge, but an inability to get things done and what appeared to be a relative lack of power in the administration. Here’s hoping Rosenthal can get Rauner’s ear now and then and stand up to do the things that need to be done at the DNR. And that list is long.
Brunsvold did a great job. His problem was that Blagojevich was determined to slash IDNR’s budget.
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Victors, spoils, etc.
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* No surprise…
Doug Scott is out as chairman of the Illinois Commerce Commission.
Scott was among the first wave of former Gov. Pat Quinn appointees removed from their positions in Gov. Bruce Rauner’s first full day as governor yesterday, a Rauner spokesman confirmed.
Quinn reappointed Scott as head utility regulator in Illinois, but he was never confirmed. The Rauner spokesman said there’s no word yet on who will be named to take his place.
In the meantime, outgoing commissioner John Colgan is chairing today’s meeting, an ICC spokeswoman said.
* No surprise…
Illinois State Fair manager Amy Bliefnick is out after 10 years in the job.
Bliefnick confirmed Wednesday she received her notice from the office of Republican Gov. Bruce Rauner. Bliefnick, who was appointed by Democratic Gov. Rod Blagojevich in 2005, said she would remain on salary through Jan. 31 but that her final day would be Monday.
* I’m sure the Tribune editorial board will be up in arms if Jaffe isn’t reappointed…
Rauner Tuesday revoked the appointment of Illinois Gaming Board Chairman Aaron Jaffe, who had been reappointed to the post by former Gov. Pat Quinn in August 2013 but never reconfirmed by the Illinois Senate.
Senate Democrats said Tuesday Rauner’s action means Jaffe is out, leaving the Gaming Board without enough members to do business.
Or does Jaffe instead serve until “a successor is appointed and qualified,” as described on the state’s website about the job?
Asked Wednesday morning if he is still chairman of the Gaming Board, which regulates casinos and video gambling in Illinois, Jaffe said: “I have no idea.”
“I haven’t received any emails, telephone calls or anything else,” Jaffe said.
Rauner said yesterday that all of the appointments are under review and some could be resubmitted. He didn’t seem to be aware of the fact that the Gaming Board doesn’t have a quorum.
* I expect more stories like this one…
A Bloomington man is left wondering what happened to his state appointment.
Among the nearly 200 state appointments Republican Gov. Bruce Rauner has nixed was that of Dan Deneen as a court-appointed public guardian, a post he was first appointed to by the last Republican governor, George Ryan in 2002.
Deneen told WJBC’s Scott Laughlin, there should be no politics involved.
“Fifty years ago it was a political position where a state Senator would nominate one of his friends as public administrator to handle some of these probate estates and receive nice fees, but that’s no longer the case,” Deneen said, adding he’s not paid by the state but from family estates.
“That’s the crazy thing, it doesn’t cost the state a dime,” Deneen said.
Deneen added his appointment was backed by state Sen. Bill Brady (R-Bloomington). He’s asking local lawmakers and other court officials to try to figure out what happened.
Again, Rauner may resubmit some of these folks.
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Cullerton sends warning on executive orders
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* Subscribers know more about this general topic…
Cullerton suggested some of the executive orders Quinn issued may have exceeded his executive authority, pointing specifically to two dealing with immigration.
“There was a couple he did on immigration that exceeded his authority,” Cullerton said. “So we’re going to put legislation in, as we have numerous times. We’ve rejected Gov. Quinn’s executive orders three or four times in the last six years. What you do then, is, if it’s a good idea, you put a new bill in and pass the new bill.”
The comments also could be viewed as a warning to Rauner as he begins to flex his executive powers that Democrats who control the legislature will not take kindly to attempts to undermine their authority.
Indeed.
* From the Illinois Constitution…
SECTION 11. GOVERNOR - AGENCY REORGANIZATION
The Governor, by Executive Order, may reassign functions among or reorganize executive agencies which are directly responsible to him. If such a reassignment or reorganization would contravene a statute, the Executive Order shall be delivered to the General Assembly. If the General Assembly is in annual session and if the Executive Order is delivered on or before April 1, the General Assembly shall consider the Executive Order at that annual session. If the General Assembly is not in annual session or if the Executive Order is delivered after April 1, the General Assembly shall consider the Executive Order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session.
Such an Executive Order shall not become effective if, within 60 calendar days after its delivery to the General Assembly, either house disapproves the Executive Order by the record vote of a majority of the members elected. An Executive Order not so disapproved shall become effective by its terms but not less than 60 calendar days after its delivery to the General Assembly.
* OK, Quinn filed two executive orders regarding immigration the other day…
* Executive Order Establishing Governor’s New Americans’ Welcoming Initiative
* Executive Order Establishing Governor’s New Americans Trust Initiative
Cullerton’s problem with the New Americans’ Welcoming Initiative is that Quinn didn’t have the authority to mandate new positions in each agency or offices.
* From the Trust Initiative EO…
No law enforcement agency under the jurisdiction of the State of Illinois, including but not limited to the Illinois State Police, Illinois Conservation Police, and the Secretary of State Police, may detain or continue to detain any individual solely on the basis of any immigration detainer or administrative immigration warrant, or otherwise comply with an immigration detainer or administrative immigration warrant, including communicating an individual’s release information or contact information, after that individual becomes eligible for release from custody.
No law enforcement official under the jurisdiction of the State of Illinois, including but not limited to the Illinois State Police, Illinois Conservation Police, and the Secretary of State Police, shall stop, arrest, search, detain, or continue to detain a person solely based on an individual’s citizenship or immigration status or on an administrative immigration warrant entered into the Federal Bureau of Investigation’s National Crime Information Center database, or any successor or similar database maintained by the United States.
The Senate President’s office says there are some “law enforcement jurisdiction issues.”
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*** UPDATED x1 *** Slow down, please
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* The Secretary of State’s office says Gov. Bruce Rauner’s move to sweep away former Gov. Quinn’s late term appointments all had to be refiled because his legal team put the wrong General Assembly number on the letters.
Oops.
Rauner’s office just filed this appointment of IDOT Secretary Erica Borggren as its new acting secretary, but also accidentally appointed her the new acting CMS director…
Sheesh.
*** UPDATE *** Team Rauner just filed a corrected letter.
Measure twice, cut once.
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AG Madigan files pension appeal brief
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* Metro News Service…
State officials are still trying to convince judges that the pension law doesn’t violate the Illinois constitution.
Attorney General Lisa Madigan filed an opening brief with the Illinois Supreme Court this week, arguing lawmakers can make changes to pension benefits in an emergency situation.
* Tribune…
I(L)awyers for the state argued that the government’s so-called emergency police powers — the ability to take action to ensure the functions of government — trump the protections of the pension clause.
State lawyers said the ability to fund necessary government services, as well as to continue paying out pensions, has been severely hampered by paying an increasing amount of the state’s checking account to fund the pension systems.
“According to the circuit court’s holding, for example, faced with an epidemic requiring the state to purchase and distribute vaccines or other costly medication, the state could not even temporarily reduce pension benefits to cover those costs,” lawyers for the state argued.
“Nor, in a period of prolonged deflation … could the state reduce pension benefits even if the corresponding rise in benefits caused by 3 percent annually compounded COLAs caused every dollar of state revenue to be spent on pension benefits,” the state filing said.
* The full filing is here, so go have a look-see.
* The AG’s office also sent several amicus briefs which have not yet been filed…
(1) City of Chicago
In its brief, the City of Chicago discusses the massive pension crisis that it faces, with liabilities that are growing by millions of dollars a day and explains why it cannot solve the problem without reform that could be threatened if the circuit court’s absolute rule were upheld. The first part of the brief in particular includes specific information about the scope of the City’s pension crisis, including that the annual underfunding for just two of the City’s pension funds ($900 million) exceeds the total projected property tax receipts for 2015 ($830 million) and that the City has the lowest credit rating of any major city other than Detroit.
(2) Illinois Municipal League
The Illinois Municipal League is a not-for-profit association of 1,121 Illinois municipalities. Its brief explains that many municipalities in Illinois are in financial crisis and will face a choice between paying full pension benefits and maintaining public safety. Pages 8-16 of the brief provide examples, including examples of municipalities whose police and/or fire pension funds are less than 30% funded.
(3) The Civic Committee of the Commercial Club of Chicago
This brief focuses primarily on the importance of upholding the pension reform law for the economy of the State.
(4) Will-Grundy Center for Independent Living, Transitions Mental Health Services, Mental Health Centers of Illinois, Youth Network Council (D/B/A Illinois Collaboration on Youth), and Omni Youth Services
This brief addresses the consequences of the pension crisis for social services in the State. It points out that currently one out of every five budget dollars is spent on pension obligations and that since 2000, the State has cut spending on human services by $2 billion in real, inflation-adjusted dollars, and it talks about some of the specific consequences of these cuts. Page 9 of the brief shows pie charts of the portion of the State’s revenue that have been and will have to be spent on pensions.
(5) Chicago Public Schools, Chicago Park District, and Chicago Transit Authority
This brief describes the reforms that the CPD and the CTA have already undertaken, in cooperation with the unions that represent their employees, and it explains why a categorical rule that the police powers can never apply to pension contracts could threaten those otherwise successful reforms. Similarly, it explains why the CPS desperately needs to enact some form of pension reform.
There are four other amicus briefs that focus in different ways on the fact that the contractual rights in the Pension Clause are not intended to be absolute. They are:
(6) Contracts Professors Katharine Baker, Wendy Epstein, and Adrian Walters
These contracts professors explain that all contracts incorporate implied terms and that therefore no contract is absolute.
(7) Constitutional Law Professors Tom Ginsburg, Tonja Jacobi, Zoë Robinson, Mark D. Rosen and Christopher W. Schmidt
The constitutional law professors explain in this brief that constitutional rights are not absolute, even when they are couched in absolute language, as they often are.
(8) International Municipal Lawyers Association
This brief argues that the federal Constitution prohibits a state from surrendering its core police powers and the court should give deference to the General Assembly’s understanding of the Pension Clause.
(9) Illinois Policy Institute
This brief describes the purpose of the Pension Clause, which was to elevate public pensions to contractual rights from their previous status as gratuities that could be changed at any time by the legislature. It argues that such contractual rights are not absolute, and it discusses cases from other States interpreting similar constitutional provisions.
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Englander to run Rand Paul’s campaign
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* US Sen. Rand Paul has tapped Bruce Rauner’s campaign manager Chip Englander as his own presidential campaign manager…
In an interview Tuesday, Englander argued that Paul’s unconventional positions would lay the foundation for a potent Republican coalition. Paul has articulated mostly non-interventionist views on foreign policy, while taking hardline stances against tax hikes and President Obama’s health-care law domestically. […]
Englander, 33, who spent much of his early career working in California politics, last year managed Republican Bruce Rauner’s campaign for governor in Illinois, guiding the wealthy businessman through a competitive primary and then to a decisive win in the general election - in part by outpacing Democrats in some urban areas and steering clear of hot-button social issues.
Stafford cited the work of Englander in helping Rauner win a blue state where Republicans have had scattered success as a key reason why Rand Paul settled on him. He also focused on Englander’s management of Rauner’s sprawling network of volunteers and a campaign budget of nearly $70 million. […]
Englander said in the interview, “We built 83 offices and got together 10,000 volunteers and knocked on millions of doors. Some politicians run campaigns from television studios. That’s not the way I do things, and that’s not the way you win.” […]
In a memo being shared with Paul’s donors and allies, Englander is being touted as the Republican who engineered a victory in a state “Obama won by 25%” and “drew in new types of voters to win the state, including winning a majority of moderates, unprecedented for a Republican.”
* Like Rauner, Paul has openly and eagerly courted African-American votes…
“He’s a different voice in the arena that we don’t traditionally hear,” says Lorraine Miller, acting head of the NAACP, who expects to invite Paul to speak at the organization’s July national conference in Las Vegas.
* The Paul campaign tightly controlled the rollout. Tribune…
Chip Englander, currently a senior adviser during Rauner’s move into the governor’s office, would not discuss the move on the record with the Tribune on Tuesday. But Englander provided an interview with The Washington Post in which he lauded Paul’s campaign skills.
I developed a healthy respect for Englander over the course of the past year. He grew from a brash outsider with a distinct chip on his shoulder (pardon the pun), to a competent, even visionary professional who also put together one heckuva team.
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Pledges of bipartisanship, but no specifics yet
Wednesday, Jan 14, 2015 - Posted by Rich Miller
* Gov. Bruce Rauner met with the four legislative leaders yesterday. Not much was disclosed. SJ-R…
“There were no specifics today,” said House Speaker Michael Madigan, D-Chicago. “Everybody was very forthcoming in terms of exchanging information. We all agreed to work together to solve the problems.”
“I just think we have to wait and see what the governor wants to do,” said Senate President John Cullerton, D-Chicago. “He did not give me any specifics about his budget, but the most important thing we do down here is pass a budget.”
House Republican Leader Jim Durkin of Western Springs said it was the first time in the 1½ years he’s been the House GOP leader that he’s had a meeting with a governor and other leaders. […]
Senate Republican Leader Christine Radogno of Lemont said the discussion included some “big, general areas like school funding, but no particular ideas.”
* Even so, at least one direct message was sent by Senate President John Cullerton. Sun-Times…
Cullerton told reporters he urged the governor to do everything possible to get Republicans to pass a state budget.
He said he hopes Rauner persuades his party to participate in the budget process, something Republicans haven’t done in the six years he’s spent as Senate president.
“He’s got to tell his members, if he wants to blame it on the past Democrats that were in charge, that’s fine with me,” Cullerton said. “Whatever it takes for him to get his members to participate in the budget process, let him do it.”
* Heh…
“First off we have someone that was actually capable of running a meeting and moving the discourse forward in a productive manner,” [Senate Republican Leader Christine Radogno] said.
* And…
While House Speaker Michael Madigan declared he was prepared to cooperate with Rauner, questions still remain about whether the two will be able to find common ground after Rauner labeled Madigan and Cullerton “corrupt.”
“It will be difficult if somebody wants to make it difficult, but that’s not going to be me. I plan to commit to the people of the state of Illinois, and to Gov. Rauner, to work cooperatively to solve the problems of the state,” Madigan said.
Asked if there were any apologies made during the closed-door meeting about the campaign mudslinging, Madigan said “none were offered.”
“I didn’t think that I was required to offer any,” Madigan said, laughing.
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