Quibbles
Thursday, Feb 4, 2016 - Posted by Rich Miller
* The Tribune writes about Gov. Rauner’s executive order yesterday forming a new privatized economic development agency. Rauner opposed legislation last year which would’ve sunsetted his agency in three years…
“The biggest difference is this isn’t going to die in three years,” Rauner said. “It can’t be subject to the political games the legislature is attempting to play with this.”
That’s not necessarily true. Because Rauner established the arrangement by executive order, the next governor could reverse it. Rauner is up for re-election in 2018.
* The governor also claimed that the executive order made sure the agency would be subjected to FOIA…
In his remarks, Rauner said ILBEDC would be subject to same Freedom of Information Act requirements to turn over documents and records when requested. But DCEO director Jim Schultz seemed to contradict Rauner’s statements after the speech.
“The executive order does not require that,” Schultz said when asked if the corporation was subject to FOIA requests. “We’re going to post all of our board minutes. Any grants or tax incentives that we negotiate will be posted online. So effectively, addressing the FOIA would be subject to audit. We’re going to post all the…donations and what they’ve made to corporations, so it’s effectively going to be the equivalent of FOIA without the requirements of FOIA.”
Transparency with this kind of public-private partnership has been an issue with Democratic state lawmakers.
“Our main concern has been that public accountability follow public dollars,” said John Patterson, spokesman for Senate President John Cullerton. “We hope the governor shares that as a priority if he is moving forward on his own.”
* On to a different topic…
“President Obama has come out strongly in favor of both term limits and redistricting reform,” Rauner said, seemingly without equivocation — which raised some eyebrows. […]
But back to Rauner’s claim that he and President Barack Obama are of like mind when it comes to redistricting. It’s not like Obama endorsed the governor’s plan. Still, the President’s sentiment on the topic, at least, was pretty clear.
When though, I wondered, did Obama talk about term limits? Nothing came to mind, and a Google search didn’t easily come up with anything definitive. […]
[The governor’s press staff] pointed me to a speech the President gave last June, before a conference of African nations.
Rauner’s office points out that during it, Obama said “nobody should be president for life,” and “your country is better off if you have new blood and new ideas. I’m still a pretty young man, but I know that somebody with new energy and new insights will be good for my country. It will be good for yours, too, in some cases.
“Yes, in our world, old thinking can be a stubborn thing,” Obama said before the African Union. “That’s one of the reasons why we need term limits — old people think old ways.” […]
Say what you will about Madigan’s power, he’s no dictator. Obama was speaking about the need for presidential term limits in a continent whose people have suffered under brutal dictatorships — regimes ruled by blood and war.
- My New Handle - Thursday, Feb 4, 16 @ 2:10 pm:
I made the same comment a few days ago here, that Obama speaking of presidential term limits was pretty a very thin argument for term limits of legislators, esp. since presidential limits are already law.
- Been There - Thursday, Feb 4, 16 @ 2:12 pm:
I just realized that if Rauner sticks to self terming himself to 2 terms like the presidents have to we only have 7 more years until something gets done. God only knows what this state will look like by then.
- Andy Nymous - Thursday, Feb 4, 16 @ 2:12 pm:
The primary argument against the sunset is that the superstars won’t take the job if they might be out of a job in three years. Doesn’t Rauner believe in the free market, and that superstar talent will be able to find employment outside the ILBEDC if they are the top professionals in their field?
- Corporate Thug - Thursday, Feb 4, 16 @ 2:15 pm:
The Governors state mentor up north did this and had massive problems when he privatized their Economic Development agency.
http://www.chicagotribune.com/news/local/breaking/ct-scott-walker-jobs-agency-20150619-story.html
The more transparent the better, Governor.
- Mouthy - Thursday, Feb 4, 16 @ 2:18 pm:
I agree with the President on Gerrymandering of districts currently employed across the country.
https://www.washingtonpost.com/video/politics/obama-calls-to-end-gerrymandering/2016/01/13/d4422716-ba6e-11e5-85cd-5ad59bc19432_video.html
In this respect this should be dealt with in a non partisan way on a Federal level. There’s no doubt that this helps the Democratic legislature stay in power but it would be unfair to stop it here and not in other places.
The argument for term limits always seems to be defended with the use of a statement denying the need simply because elections are cited as the ultimate term limit. That is true in a non gerrymandered state but here and other places it doesn’t ring true. I, myself, am in favor of the elimination of gerrymandering across the country and it that’s done the cry for term limits will fade…
- Austin Blvd - Thursday, Feb 4, 16 @ 2:18 pm:
The problem Obama faces with gerrymandering is that it created a Republican majority in Congress.
- Team America - Thursday, Feb 4, 16 @ 2:20 pm:
@Been There - you are counting every day of Rauner’s tenure but the fact that Michael Madigan has been in office since 1971 doesn’t bother you at all. Got it.
- Anon221 - Thursday, Feb 4, 16 @ 2:20 pm:
If the employees of Rauner and Co., LLC and their subsidiary ILBEDC haven’t taken the FOIS/OMA training, they might want to…
http://foia.ilattorneygeneral.net/Default.aspx
- wordslinger - Thursday, Feb 4, 16 @ 2:22 pm:
–“The biggest difference is this isn’t going to die in three years,” Rauner said. “It can’t be subject to the political games the legislature is attempting to play with this.”–
A revealing insight into the governor’s understanding of American democracy.
Nothing is “permanent” or not subject to change.
Laws can be passed to trump any executive order. You can amend the Constitution, for crying out loud.
To think that an executive order is engraved on a stone from Mt. Sinai is the height of ig…, um, lack of applicable information.
- Anon221 - Thursday, Feb 4, 16 @ 2:23 pm:
The acronym game
Had ADME, DoIT, now…. I’L(L) BE DC- sorry, been a long day!
- Whatever - Thursday, Feb 4, 16 @ 2:24 pm:
His executive order says that his authority for creating the private economic development corporation is Article V, Section 8, of the Constitution, which says, “The Governor shall have the supreme executive power, and shall be responsible for the faithful execution of the laws.” I guess that means he can do whatever he wants, including outsourcing functions assigned to DCEO by law. I also wonder if any of the functions this new corporation will perform would be performed by bargaining unit employees if left inside DCEO, but that’s way outside my area.
- Jack Stephens - Thursday, Feb 4, 16 @ 2:26 pm:
@mouthy:
I agree, partly.
End gerry mandering is part of the problem.
Also “money” is not speech….so that needs to change to.
And the “cons” requirement that you have to be “xtian” in order to run for office.
Just some thoughts.
- Oswego Willy - Thursday, Feb 4, 16 @ 2:26 pm:
- Team America -
Rauner’s gutting of Social Srvices in Illinois may take a decade to full recover.
One year of Rauner has caused significant damage, some irreversible.
K? K.
To the Post,
Those thinking Madigan is a dictator are the same… people… gleefully calling Illinois Madiganistan avd ignore the tenures of Thompson, Edgar, and Ryan as Governors.
- Homer J. Quinn - Thursday, Feb 4, 16 @ 2:26 pm:
hey if they Superstars don’t want to risk losing their jobs when rauner’s one term is over… MAYBE THEY SHOULD FORM A UNION.
- Earnest - Thursday, Feb 4, 16 @ 2:31 pm:
Perhaps he could have collaborated with the House and Senate on creation of the agency with the sunset and shown an ability to work with someone else. When recruiting, he could have committed to the partners that he would continue the project via Executive Order if it was not renewed by the House and Senate. Same outcome, though a less effective distraction from his course of destruction.
- Abe the Babe - Thursday, Feb 4, 16 @ 2:36 pm:
To the “sunset” comments. Governor, you got 90% of what you wanted in the DCEO bill. And that apparently wasn’t enough. Do you know what every other governor in this country would have done under that scenario? They would have grumbled behind doors and held a splashy press conference the next day.
Most new laws, agencies, programs are slapped with a sunset provision for good reason… to see how things go. It doesn’t mean they die, all it means is you will have to justify that this was a good idea three years from now. The fact that you gave up a big, and perhaps only, legislative achievement for a sunset provision is very telling and makes our current designed crisis that much better to understand.
Remember when Daley said “cuckoo” when asked about Blago. Yeah I hear that in my head sometimes these days.
- Team America - Thursday, Feb 4, 16 @ 2:38 pm:
OW - Dr. Madigan lets the patient’s wounds fester for 40 years and Dr. Rauner performs an amputation on the critical patient within one year to try to save her = all Rauner’s fault. Maybe your are right, let’s just go back to doing it all Madigan’s way and it’ll work out fine. /s/
- Jack Stephens - Thursday, Feb 4, 16 @ 2:39 pm:
abe & wordslinger:
Both of your posts are spot on.
- JPK77 - Thursday, Feb 4, 16 @ 2:41 pm:
Yes, the Governor does have supreme executive power. He does not however, have legislative authority and that’s precisely what this EO does.
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.”
You’ll notice the word “create” is missing from Section 11. Creating a new agency, organization, corporation or whatever kind of entity ILBEDC is supposed to be is up to the General Assembly, whether its HB574 or another bill. Simply decreeing it in the form of an executive order usurps that authority from the GA and seems likely to run afoul of Illinois’ separation of powers clause.
Section 10 of the State Agency Entity Creation Act also likely creates some real problems for the ILBEDC.
(20 ILCS 15/10)
Sec. 10. Agency limitations. After the effective date of this Act, no State agency, or any officer or employee of a State agency, may create or participate in the creation of any corporation, joint venture, partnership, association, or other organizational entity that expands the powers, duties, or responsibilities of the State agency unless specifically authorized by the General Assembly by law. This Act does not restrict any State agency from creating any organizational entity that is within or a part of the State agency.”
- Honeybear - Thursday, Feb 4, 16 @ 2:42 pm:
What concerns me is Rauner saying FOIA and Shultz saying FOIA-like. That concerns the living crap out of me. I think by law it has to be FOIA. I had to take the aforementioned training. I believe that is in there. I’m sorry but the ILBEDC doesn’t smell right. I didn’t like DCEO before and now I’m even more leery.
- Oswego Willy - Thursday, Feb 4, 16 @ 2:44 pm:
===Dr. Madigan lets the patient’s wounds fester for 40 year===
With Thompson, Edgar, Ryan… Including Edgar’s Social service plan Ken Dunkin decided need… tweaking…
===Dr. Rauner performs an amputation on the critical patient within one year to try to save her = all Rauner’s fault.===
Rauner chose, Rauner owns. Diana Rauner’s vouching seems as hollow as this “Doctor” snark.
===Maybe your are right, let’s just go back to doing it all Madigan’s way and it’ll work out fine.===
Strawman. Never said it.
=== /s/===
You sure? Your first comment refutes that, kinda/sorta…
- AC - Thursday, Feb 4, 16 @ 2:44 pm:
==Dr. Rauner performs an amputation on the critical patient within one year to try to save her==
Typically, a successful amputation wouldn’t kill the patient.
- 47th Ward - Thursday, Feb 4, 16 @ 2:45 pm:
===”…it’s effectively going to be the equivalent of FOIA without the requirements of FOIA.”====
Raise your hand if you think that’s a bunch of gibberish, and that they have no intention of following FOIA in either letter or spirit.
Schultz should have stopped speaking right after he said, “The executive order does not require that.”
- Oswego Willy - Thursday, Feb 4, 16 @ 2:48 pm:
To the Post, if I have to choose between Term Limits or Fair Maps, I’d choose Fair Maps because the Institutional Knowledge lost for a legislative body can damage the process far more than changing lines on a map.
If you’re of the thinking that institutional knowledge doesn’t matter, it’s really about blocking the bad then holding back the good. You are missing that point.
- Ducky LaMoore - Thursday, Feb 4, 16 @ 2:52 pm:
===If you’re of the thinking that institutional knowledge doesn’t matter, it’s really about blocking the bad then holding back the good. You are missing that point.===
How can you still be a republican?! Institutional knowledge is public enemy #1 in the party. I do envy your commitment, if only I thought there was even a shred of hope for the party.
- Norseman - Thursday, Feb 4, 16 @ 2:58 pm:
I haven’t had a chance to read the EO, but I’d be surprised if this didn’t require GA review.
Two, given the problems uncovered with similar proposals in other states, I thought a sunset was prudent. Perhaps 3 years is too soon, but a sunset seems to be a wise course of action.
Finally, anyone who takes what this administration says at face value needs to have a guardian appointed.
- Oswego Willy - Thursday, Feb 4, 16 @ 2:58 pm:
===How can you still be a republican?!===
I’m a Republican, not a Raunerite.
As to the GOP and Term Limits, the party’s big tent philosophy should include accepting some members don’t see Term Limits as the “end all”.
It isn’t.
- D.P.Gumby - Thursday, Feb 4, 16 @ 3:01 pm:
No matter what it is Brucie just can’t be trusted on anything he says and this extends to his entire staff and anyone he appoints. If this is how a business person operates no wonder the public has such contempt for corporations.
- Enviro - Thursday, Feb 4, 16 @ 3:19 pm:
Because Rauner established the arrangement by executive order, the next governor could reverse it.
- Team America - Thursday, Feb 4, 16 @ 3:43 pm:
OW - snark as to the last part about Madigan only. Your solution?
- Oswego Willy - Thursday, Feb 4, 16 @ 3:56 pm:
- Team America -
Read above, then get back to me
- Henry Francis - Thursday, Feb 4, 16 @ 4:00 pm:
The ILBEDC is not subject to FOIA - that is made clear by its website and by Schultz going rogue and telling the truth that it isn’t. The talk about the 3 year sunset is just a distraction. The EO is quite different from the previously passed legislation - but Rauner wants everyone to think it is the same - just no sunset.
- lake county democrat - Thursday, Feb 4, 16 @ 4:00 pm:
The biggest justification of term limits is that the people seem to overwhelmingly want them. Gerrymandering is a crime against democracy per se. Term limits isn’t - I’d just assume not have them - but what’s worse is a situation where the voters are all but powerless to get them. The gerrymandered-produced supermajority doesn’t want it to even come to a vote. So we have a situation where 70-80% of the public wants something for years, it can’t be put to a vote, and there’s no constitutional way to get it on the ballot. People should be very disturbed by that.
- 47th Ward - Thursday, Feb 4, 16 @ 4:06 pm:
===The biggest justification of term limits is that the people seem to overwhelmingly want them.===
You can justify a lot of things if that’s your criteria. Doesn’t mean it’s good policy though, or healthy for democracy.
People overwhelmingly want quality public services and low taxes. Good luck with that.
- lake county democrat - Thursday, Feb 4, 16 @ 4:22 pm:
47th Ward - As I said, personally I’m not in favor of term limits. The question is whether it even gets a vote in the legislature. When 80% of voters want something, they deserve that much. Disagree?
- 47th Ward - Thursday, Feb 4, 16 @ 5:14 pm:
===Disagree?===
Yes. If 80% of voters feel strongly about something, I believe they already have the power to implement change. Illinois’ Constitution just makes it very difficult to do so, which is by design.
It doesn’t surprise me that 80% of voters would support term limits. It would sure surprise me if they got worked up about it enough to actually organize themselves each and every election and do what is necessary to vote out the bums who don’t support their agenda. You know, like the gun owners do, or supporters of marriage equality. Use the tools that you have, including the courts and the court of public opinion.
- Chicagoman - Thursday, Feb 4, 16 @ 5:15 pm:
What’s more shocking: the fact that Rauner didn’t know what was in the executive order he was signing, or the fact that this story on the lack of FOIA comes from the Illinois Radio Network–now a subsidiary of the Illinois Policy Institute?