Question of the day
Wednesday, Jan 6, 2016 - Posted by Rich Miller
* More from today’s appearance by Gov. Rauner on Dan Proft’s show…
Proft: …A story this week about a city attorney who failed to disclose evidence that you’re required to disclose in discovery and now a judge has had to intervene yet again and say there’s going to be a new trial in the wrongful death case of someone else who was killed by a Chicago Police Officer back in 2011. It seems like we need an ARDC investigation, a state investigation—not that Lisa Madigan will do it—, a federal investigation; we need a lot of investigations into a lot of the moving parts in city government.
Rauner: Well that’s right, unfortunately what I’ve heard in the last two days is that Mayor Emanuel has come out and he’s opposed to a federal investigation of the legal department for the City of Chicago, right immediately after one of the attorneys for the city has been accused by a judge of withholding evidence. It’s so…
Proft: Mind-boggling
Rauner: It is. How tone-deaf can you be? I mean how—it’s incredibly disappointing. Why would the mayor fight the investigation of that department, given these facts? Just the way he fought the federal investigation—the civil rights investigation—of the shooting incident. It’s just out of touch and it’s a failure of leadership.
* The Question: Do you agree or disagree with Gov. Rauner’s decision to speak out on this topic? Take the poll and then explain your answer in comments, please.
survey tools
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* WREX…
Gov. Rauner spoke in Watseka this morning, saying there doesn’t seem to be support for a budget agreement in January.
“Some of my fiends who are members of the Democratic Caucus in the general Assembly, and I’ve got friends on both sides of the aisle, are telling me that [House Speaker Madigan] is indicating that maybe he won’t be taking any tough votes until the primary is done on March 15. I think that will be very unfortunate,” Rauner said.
A spokesman for Speaker Madigan told 13 WREX that Madigan has been saying for several weeks that a budget deal would come sometime in April.
Actually, it could be January, of next year. Maybe.
*** UPDATE *** Brown in comments…
I told the reporter it was the governor who said April before the holidays. The Speaker believes the budget is the state’s #1 issue and should be resolved as quickly as possible.
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* From the twitters…
* Click here to listen. The governor once again kicked the mayor when he’s down (I’m sure that’ll help) and blamed pretty much all the state’s problems on Speaker Madigan. Some Rauner quotes…
It’s so unfortunate the way the mayor is failing the people of Chicago and he’s looking to blame other people for it.
The mayor has done virtually nothing to reform and transform the government of Chicago and the schools of Chicago.
He’s afraid to take on Speaker Madigan… He’s afraid. He’s hiding behind the Speaker.
[Q: Why is the mayor afraid of Madigan?] The Speaker has been the most powerful politician in the state of Illinois for decades. It’s the main reason we’re in such big trouble as a state. And he’s head of the Democratic Party. He controls tens of millions of dollars in political funds, and he controls a massive army of patronage workers and lobbyists and the judges and politicians and you know what he’s an intimidating figure for the Democratic politicians who are under him.
The reason we don’t have a budget is that the existing majority in the Legislature, led by Speaker Madigan, likes the status quo and they don’t want to make any changes whatsoever.
We’re in this long-term, slow death spiral. The reality is, who’s doing well in Illinois is the political class led by Speaker Madigan. The political class is doing great, the lobbyists, the politicians, the insiders [in] the government, the folks who make money from the taxpayers are doing great. But the taxpayers themselves, homeowners, school children, small business owners, your average working family is hurting in Illinois. And unfortunately the Speaker is not sensitive to that. He likes the power. He’s got a great system, he controls it. And right now they’re unwilling to change. And without change, we’ll never get a true balanced budget.
Summary: “Because… Madigan!”
If only life was that simple.
* Certain pundits, columnists and editorial writers will eat this stuff up and shout huzzahs from their own little rooftops. It makes for great copy and reinforces the beliefs of his base, but that isn’t governing.
He’s not completely wrong, of course. Madigan must take his share of the blame - and there’s plenty of it. But can you behave like this and actually get something done? Why would anyone cut a deal with a guy who talks like this?
And does he want to get anything done or is this war gonna continue as long as he’s in office? Right now, it sure looks like it ain’t gonna end.
Madigan needs to give. No question. But the governor also needs to govern.
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Taking us for fools
Wednesday, Jan 6, 2016 - Posted by Rich Miller
* Tribune…
Mayor Rahm Emanuel said Tuesday it’s “not possible” that City Hall’s Law Department is part of the cover-up culture he’s acknowledged exists at the Chicago Police Department — a day after a federal judge ruled that a city lawyer intentionally concealed evidence in a trial over a fatal Chicago police shooting.
Emanuel also said it’s not necessary for the U.S. Department of Justice to add the Law Department to its investigation into the Police Department’s use of excessive force. And the mayor gave a vote of confidence to his top attorney, saying Stephen Patton would ensure the city’s legal team is operating “at the highest level that the public should expect.”
The mayor’s defense of Patton, a confidant, comes as a federal judge has cited and rebuked five city attorneys within the last year for withholding evidence in two separate police misconduct cases. In the most recent of those rulings Monday, U.S. District Judge Edmond Chang faulted lax training and oversight at Patton’s department for hampering the production of Police Department records when officers are accused of misconduct. […]
“There is zero tolerance for not only violating the public trust, but your professional standards and there will be no place for that,” Emanuel said. “Once the decision was made, the lawyer and the city parted ways.”
“Zero tolerance”? Then how come Jordan Marsh was on the law department payroll until just the other day? He admitted to the cover-up in September, for crying out loud, and we’ve known about this story for almost a year.
Zero tolerance for what, exactly?
[Fixed some coding problems which deleted some of my words.]
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Caption contest!
Wednesday, Jan 6, 2016 - Posted by Rich Miller
* From House Speaker Michael Madigan’s Democratic primary opponent…
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* From the very end of Elizabeth Campbell’s Bloomberg story entitled “Illinois ‘going to be penalized’ in upcoming bond sale”…
“I don’t know that we’ve hit the bottom,” said Richard Ciccarone, Chicago-based CEO of Merritt Research Services. “There’s a lot of things yet to happen.”
Ain’t that the truth.
As we learned under Rod Blagojevich, things can always get worse.
* OK, now scroll back up…
Since it last sold general-obligation bonds in April 2014, the Illinois Supreme Court threw out the state’s effort to cut workers’ benefits to help close a $111 billion pension-fund deficit. Its credit rating has been cut. And temporary tax increases have expired, leaving Republican Gov. Bruce Rauner and Democratic lawmakers locked in a record-long impasse that’s left the state without a budget for more than six months.
The $480 million of federally tax-exempt bonds scheduled for sale Jan. 14 will illustrate the cost of Illinois’ long-building strains, which have caused investors to demand higher premiums to buy its bonds. The state’s 30-year securities yield 4.67 percent, about 1.8 percentage points more than top-rated debt. That gap has risen by more than half a percentage point since April 2014 and is the highest among the 20 states tracked by Bloomberg.
“They’re definitely going to have to pay a higher yield,” said Dan Solender, head of municipals at Lord Abbett & Co. in Jersey City, N.J., which manages $17 billion of the debt, including Illinois bonds. “They’re going to be penalized compared to other bonds of similar ratings.”
We’ll have to wait and see whether the “bond vigilantes” will be as harsh on Illinois as predicted above. It hasn’t really happened in the past. Sales have been heavily over-subscribed.
* And while we’re on this topic, the Illinois Policy Institute’s news service has a story up about the governor’s borrowing plan…
Chris Edwards, an economist with the Cato Institute, says funding road construction and transit projects should be funded by current revenues or cuts in lower priority budget areas because going into debt by selling bonds pushes the costs onto future generations. Edwards says Illinois is the last state that should want to go further into debt because a variety of factors, including having the most unfunded state pension plans.
“That means that in the future Illinois taxpayers will not only have to pay back the money for the bonds they’ll have to probably chip in to pay for this overextended state retirement system.”
Edwards says Illinois’ worst-in-the-country credit rating will also mean selling the bonds will cost taxpayers more because of higher interest rates, however the governor’s office says there was no change in the state’s general obligation bond ratings from the three major ratings agencies. The governor signed a capital bill last summer that gives the state authority to spend bond funds with dedicated revenues to cover the payments.
My own opinion is the state shouldn’t sell a 30-year bond to pay for repairs that will only last 10 years.
Other than that, borrowing for infrastructure is totally legit in my mind.
* And here’s more from Bloomberg’s Campbell…
Chicago Board of Education bonds tumbled to the lowest since September as Illinois Governor Bruce Rauner said he wouldn’t bail out the cash-strapped school system.
The public school system known as CPS has said it needs $480 million from the state to close a budget gap and will face cuts and “unsustainable” borrowing without the funds. Chicago Mayor Rahm Emanuel and CPS Chief Executive Officer Forrest Claypool have called for the help, saying the system receives less state money than other Illinois districts. CPS is the only state district that pays for its teachers pensions. Rauner has said he’ll help out only if Emanuel supports structural changes that he has proposed such as limits on collective bargaining.
“Let’s be clear Chicago Public Schools are in dramatic trouble,” Rauner told reporters on Monday. “They’re looking at a disaster somewhere in the next nine months in the Chicago public schools.”
The Chicago Board of Education’s federally tax-exempt, general obligation bonds traded for an average of 82.45 cents on the dollar on Monday, the lowest since Sept. 28, to yield 6.4 percent, according to data compiled by Bloomberg. The securities, the most-actively traded over the last three months, have a 5 percent coupon and mature in December 2042.
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* Insurance companies which charge higher premiums to their most loyal customers, and are being stopped in other states, but not in Illinois…
Last month, Connecticut became the 16th state to issue a bulletin barring insurers from using “price optimization” in ways that would charge customers with the same risk profile different rates based on their propensity to shop or their likelihood to switch providers. Indiana took similar action in July.
Anne Melissa Dowling, Gov. Bruce Rauner’s choice in May as insurance director, came from Connecticut, where she had been acting director of that state’s Insurance Department.
In a statement, the Illinois department says: “As there is no agreed-upon definition as to what is entailed in the term ‘price optimization,’ we don’t plan to address an undefined notion. We are, however, aware of many new and innovative pricing models, responding to the market demand for more individualized pricing.”
* Crain’s looks at a growing “industry”…
In 2013, though, Keller stepped off the path again, this time with Adam Gerchen, whom he had met at Alyeska Investment Group, a Chicago hedge fund. Together they founded Gerchen Keller Capital to finance litigation in exchange for a cut of the resulting judgment or settlement. Gerchen, 34, is CEO, and Keller, 36, managing director. Travis Lenkner, 36, joined soon after as a partner and managing director.
Gerchen was a former Goldman Sachs banker and Harvard Law School graduate who had never practiced law, while Lenkner, a senior counsel at Boeing, knew Keller from their time clerking together for Supreme Court Justice Anthony Kennedy. The trio’s collective background was dubbed “resume porn” by David Lat, founder of legal news and gossip website Above the Law.
Today, Gerchen Keller Capital is the largest firm of its kind in the world. Starting out with $100 million from a dozen investors (two were anchors), the Chicago-based business has grown to $1.4 billion in assets under management. In addition to funding early stage lawsuits, it buys legal fee, judgment and settlement receivables from finished cases. It has invested an average of $6.7 million per case since inception and an average of $10 million per case in the past year. The pension fund for Michigan’s state employees has invested $3.5 million with it, and Texas’ pension fund has put in $28.7 million. The firm is profitable, Lenkner says.
The rise in litigation financing in the last decade has attracted attention from lawyers, investors, clients, business lobbyists and the U.S. Senate. There’s the potential to make serious money: Burford Capital and IMF Bentham, public companies based in the United Kingdom, boast respective returns of 71 and 158 percent. There’s also the potential for serious humble pie: Juridica Investments in Guernsey announced in November it would stop investing in new cases after it poured $3.5 million into a trade secrets case expected to yield $9.4 million—and got $2 million back instead. In August, Republican Sens. Chuck Grassley of Iowa and John Cornyn of Texas sent a letter to Burford Capital execs demanding to know the scope of its investment in U.S. cases.
* And Pro Publica looks at workers’ comp “cost containment” companies…
While lawmakers have clamped down on payments to workers, doctors and lawyers, little scrutiny has been given to these “cost containment” firms — even though today they arguably have more influence on how injury benefits are handled than insurers and employers.
Highlighting the bounty, there are now more than 150 workers’ comp conferences a year. There’s one for the American Society of Workers Comp Professionals, one for the Association of Workers’ Compensation Professionals and one for the Association of Workers’ Compensation Claims Professionals. At least 26 have golf tournaments. […]
Last year, workers’ comp insurers in California spent 36 percent of premiums on overhead — more than they spent on medical care. That’s over twice what group health plans can spend on administrative costs under the Affordable Care Act.
A glimpse of the Vegas expo shows why. There were companies that provide networks of doctors and companies that review medical bills, firms that provide expert medical opinions and firms that specialize in complex claims. There were defense lawyers, data processing firms, rehab facilities, surveillance companies, outside claims shops, occupational medicine clinics, pain management services, translators, schedulers, headhunters and associations promoting other conferences.
There were labs that test injured workers’ urine for illegal drugs. There were even labs that test urine to ensure workers are taking the prescribed drugs instead of selling them.
In California, the amount of money that insurers spend on medical cost containment programs has more than doubled from $197 million in 2005 to $471 million in 2014, according to the state workers’ comp ratings bureau.
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* Robert Feder…
It’s only the first week in January, but I’m pretty sure we can already declare the dumbest TV executive of the year.
Dan Salamone, an executive producer at Fox-owned WFLD-Channel 32, this week told the women who report on “Good Day Chicago” not to wear hats during their outdoor live shots this winter, sources said Tuesday.
Salamone’s directive, which he did not issue to male reporters, said the women would “look a lot better without hats” and should go without them from now on. He’d be willing to make an exception, he said, “if it’s 20 below.”
* From last August…
“Growing the ratings in this time period is a big challenge and very important to the company,” Salamone told friends on Facebook. “I’m ready to dig in and help the entire team produce newscasts that will have the Windy City talking!” […]
Reputed to be an innovative news manager, Salamone attracted national attention in 2012 when he used puppets on the air to re-enact testimony from the corruption trial of a county commissioner after cameras had been barred from the courtroom.
From puppets to women’s winter hats.
Such innovation.
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Then and now
Wednesday, Jan 6, 2016 - Posted by Rich Miller
* Rockford Register-Star, June 19, 2013…
Rauner discussed four priorities: “I want to make Illinois the No. 1 state in America for economic growth and job creation. Right now we’re among the worst. I want to make us pro-business, pro-job creation.”
Second, “I want to make Illinois government the most efficient, transparent in America.”
Third, “I want to make the education system the best in America. … Today, the politicians in Springfield are cutting school funding, doing special deals with teacher unions, allowing bad teachers to stay in the system through tenure. We’ve got to change our schools so they’re responsive to our schoolchildren, our parents and our property-taxpayers.”
Rauner’s fourth priority is term limits. Public service shouldn’t be a lifetime, wealth-building career, he said. “Everybody (should) serve eight years and you’re out. No more Madigan power structure for 30 years.”
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* Press release…
State Representative David McSweeney (R-Barrington Hills) hopes to help create manufacturing jobs in Illinois by exempting manufacturers from the state’s income tax.
“We need to have a strong manufacturing base to have a strong Illinois economy,” McSweeney said. “We continue to lag in job creation and manufacturing companies are generally not considering Illinois as a top tier choice for expanding. Eliminating the income tax on manufacturers will create a strong incentive for manufacturing companies to consider locating to Illinois and it will encourage existing Illinois manufacturers to stay in Illinois and even expand their operations here.”
House Bill 4381 would allow existing and new manufacturing operations (corporations as well as LLCs and LPs) to fully deduct their net income, which essentially would exempt them from the state’s income tax. For a manufacturer with $10 million of Illinois net income, HB 4381 would reduce that manufacturer’s tax liability by $525,000 ($10 million x 5.25% corporate tax rate).
While manufacturing jobs have increased in other states, Illinois continues to shed manufacturing jobs. From 2001-2015, Illinois manufacturing jobs have decreased by 38.9%.
“We have to get the Illinois economy moving again and reviving the manufacturing sector is an important step we need to take,” McSweeney said. “The current policies are not working. Raising taxes has only served to drive middle class jobs away from Illinois. Let’s lower taxes and create incentives for manufacturers to invest in Illinois.”
Representative McSweeney has asked the Commission on Government Forecasting and Accountability (COGFA) to review the full revenue impact of HB 4381. McSweeney said, “The best way to create new revenues for the state is to create new jobs and thus new taxpayers. I’m confident that my proposal will create new jobs.”
HB 4381 has been filed and is awaiting assignment to a legislative committee.
Your thoughts on this idea?
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