Capitol Fax.com - Your Illinois News Radar » *** UPDATED x2 - Plaintiff responds to Rauner - Rauner weighs in *** Some legislators considering intervening in pay lawsuit over “Unclean Hands” doctrine
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*** UPDATED x2 - Plaintiff responds to Rauner - Rauner weighs in *** Some legislators considering intervening in pay lawsuit over “Unclean Hands” doctrine

Monday, Dec 5, 2016

* Illinois Review

“It’s all about clean hands,” a group of Republican lawmakers is complaining Monday, and the Illinois Democrats that filed a lawsuit last week to get their paychecks from State Comptroller Leslie Munger simply “don’t have them.”

The lawsuit six state representatives filed last week sues on behalf of all the state lawmakers affected by Munger’s policy of “No budget, No pay,” but those six are a part of the reason why no state budget has been passed, and why they’re not getting their paychecks.

“In order to be worthy to file the lawsuit, those filing must be worthy of asking, and they have not complied with the statutory requirements” to pass a balanced state budget Illinois Review was told by a source that wanted to remain anonymous. […]

“The House members must comply with their required duties or they have no standing to file a complaint about not getting their paychecks - in other words, they don’t have ‘clean hands’ required,” and that position could soon be filed in court.

* Here’s a bit more from an e-mail that’s being circulated among some lawmakers that I obtained this afternoon…

As of June 30, 2014, the General Assembly members get paid under a continuing appropriation bill covering their salaries.

Unfortunately for the continuing appropriation bill, the cumulative effect of the current expenditures exceeding funds estimated to be available by the General Assembly, such an appropriation bill is unconstitutional under Article VIII, Section 2(b) of the Illinois Constitution which says:

    “The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year. “

The doctrine of unclean hands is an affirmative defense to a Mandamus of the type requested by the 6 Illinois House members. First, look at the standard definition of Unclean Hands:

    “For instance, if a plaintiff asks the court for an injunction to stop the defendant from dumping his trash in the plaintiff’s backyard, the defendant may argue that the plaintiff has also dumped her trash in the defendant’s backyard, and so the plaintiff has “unclean hands” and should not receive the injunction she wants. The doctrine is based on an idea of basic fairness: One person should not be able to stop another person from doing a bad action if the first person is also doing it.”
    http://www.rotlaw.com/legal-library/what-are-unclean-hands/

Second, consider the fact that it is the very acts of the 6 named Plaintiffs individually and collectively as a body that has refused to send to the governor’s desk a Constitutional appropriations bill where all expenditures do not exceed the funds estimated to be available. The doctrine Unclean Hands of Plaintiffs should prevent the Cook County Court from issuing a Mandamus order.

The only step missing in this lawsuit is to have one or more members of the General Assembly file an interpleader to join the lawsuit as a matter of right and to oppose the relief requested because of the unclean hands of the plaintiffs. Do not let the crooks who created this problem and who can collectively solve the problem by the own required duty avoid the effects of their own Constitutional malfeasance.

*** UPDATE 1 ***  Press release…

Governor Bruce Rauner today called on Democratic legislators to put taxpayers and critical human services ahead of their own personal gain by withdrawing their lawsuit seeking paychecks and join him in pushing for a balanced budget with reforms.

“This lawsuit is a stunning reminder of why we need change in Springfield,” Governor Rauner said. “Only in Illinois would politicians who have failed to pass a balanced budget and reforms put their own personal gain before taxpayers and critical human services.”

As promised, Governor Rauner does not accept a paycheck or benefits.

“Democrats should end this frivolous lawsuit, put taxpayers and human services ahead of themselves, and pressure their leadership to work with Republicans on passing a balanced budget with reforms that create jobs, lower property taxes and improve our schools,” Rauner added.

Governor Rauner and Republican leaders are pushing for a balanced budget with reforms that will create jobs, lower property taxes and improve our schools.

Speaker Mike Madigan prefers a stopgap spending measure. While the speaker prefers calling it a budget, it is not. What the speaker advocates for is simply a short term, incomplete stopgap spending measure. Last week, the governor made clear that he will only support a stopgap measure if the Democrats pass term limits and a permanent property tax freeze.

He also talked about it at his press conference today…

*** UPDATE 2 *** From a plaintiff in that lawsuit…


- Posted by Rich Miller        

69 Comments
  1. - Anonymous - Monday, Dec 5, 16 @ 2:34 pm:

    Put simply, hold your nose and pay them.


  2. - wonder - Monday, Dec 5, 16 @ 2:34 pm:

    Give into the Governor or ya got dirty dirty hands.


  3. - hisgirlfriday - Monday, Dec 5, 16 @ 2:35 pm:

    Wpuld like tp know who is circulating this e-mail and who specifically they are referring to as “the crooks.”

    I am guessing this “crooks” comment is not a reference to Rod and George.


  4. - IllinoisBoi - Monday, Dec 5, 16 @ 2:37 pm:

    So tell us, Illinois Review, what Article VIII, Section 2(a)of the Illinois Constitution says. Who else is committing a Constitutional malfeasance by failing to perform his required duty?


  5. - Oswego Willy - Monday, Dec 5, 16 @ 2:38 pm:

    What don’t get call all those Aprops Rauner vetoed?

    Who exactly gets to determine what IS balanced?

    Where is THAT written? It does say “spending not exceeding”, then Rauner’s own “sham” budget failed.

    This is about separation of co-equal powers.

    Everything else is a distraction.

    Period.


  6. - steve schnorf - Monday, Dec 5, 16 @ 2:38 pm:

    Oh, BS!!


  7. - hisgirlfriday - Monday, Dec 5, 16 @ 2:38 pm:

    P.S. Hard for me to take legal analysis seriously when it is circulated anonymously and casts political opponents as criminals without explanation.

    But this is the Trump Party now I guess…


  8. - Conn Smythe - Monday, Dec 5, 16 @ 2:40 pm:

    yet no R members are willing to publicly put their names on the email or press release? Courageous as always, that caucus is.


  9. - Oswego Willy - Monday, Dec 5, 16 @ 2:41 pm:

    ===Governor Bruce Rauner today called on Democratic legislators to put taxpayers and critical human services ahead of their own personal gain by withdrawing their lawsuit seeking paychecks and join him in pushing for a balanced budget with reforms.

    “This lawsuit is a stunning reminder of why we need change in Springfield,” Governor Rauner said. “Only in Illinois would politicians who have failed to pass a balanced budget and reforms put their own personal gain before taxpayers and critical human services.”===

    tl;dr

    “Please, don’t sue, you’ll win. Pesky constitution!”


  10. - Rocky Rosi - Monday, Dec 5, 16 @ 2:43 pm:

    If a credit union is giving zero interest loans against state representative’s paychecks to keep them whole, would that be the same as not getting paid?


  11. - AlfondoGonz - Monday, Dec 5, 16 @ 2:48 pm:

    The Illinois Constitution mandates that legislators are paid. The Illinois Constitution mandates that the governor submit a balanced budget.

    What happened to Republicans being sticklers to the actual language of the Constitution?


  12. - Conn Smythe - Monday, Dec 5, 16 @ 2:49 pm:

    Credit union ceased that program, RR.


  13. - Deft Wing - Monday, Dec 5, 16 @ 2:52 pm:

    Everything is politicized; there is no room for policy disagreements and no time for governing.

    The 2018 election is on via the non-stop campaign to see who survives and gets the privilege of cleaning up this mess. Some “win.”


  14. - Anon - Monday, Dec 5, 16 @ 2:55 pm:

    ===he will only support a stopgap measure if===

    Get a load of this guy. If anyone should stop receiving their pay, it’s his administration.


  15. - Ducky LaMoore - Monday, Dec 5, 16 @ 3:00 pm:

    ===What happened to Republicans being sticklers to the actual language of the Constitution?===

    Hasn’t everyone figured it out? It is a convenient lie used when they are out of power. Nothing more.


  16. - Juvenal - Monday, Dec 5, 16 @ 3:04 pm:

    Anon 2:55 makes a good point.

    Someone should file a request for a court order demanding a cease of payments to staff of the governor’s budget office.

    They haven’t introduced or passed a balance during budget, so….


  17. - Commander Norton - Monday, Dec 5, 16 @ 3:05 pm:

    If releasing payments under continuing approp statutes is unconstitutional when there’s no balanced budget in effect, then the Illinois Review should be griping around debt service and pension payments, too, not just lawmaker pay.


  18. - RNUG - Monday, Dec 5, 16 @ 3:08 pm:

    Easy response - Rauner never submitted a balanced budget for the GA to pass. The GA did pass a budget (we can argue if it was balanced) but the Governor veto’ed it.

    Got a feeling the IL SC will see it the same way as the Legislators.

    But it would be interesting if the court decided to order the Governor to submit a balanced budget per the Constitution’s language. That wouldn’t violate the separation of powers since it is a clearly defined responsibility of the Governor’s office.


  19. - Yiddishcowboy - Monday, Dec 5, 16 @ 3:12 pm:

    I really want to iike this governor, and actually support some of his policies. But on this one, I wish he’d just put a sock in it. Dirty hands indeed!


  20. - Huh? - Monday, Dec 5, 16 @ 3:17 pm:

    The hypocrisy of the Republican’t party is astounding.


  21. - Skeptic - Monday, Dec 5, 16 @ 3:26 pm:

    “…pushing for a balanced budget with reforms.” Gosh darn it, how can we get anything done when there are no preconditions?! /s


  22. - Norseman - Monday, Dec 5, 16 @ 3:26 pm:

    LOL. GOP will throw out any BS to continue the impasse.


  23. - Henry Francis - Monday, Dec 5, 16 @ 3:26 pm:

    Putting aside all perfidy that others have spoken to, look at what he actually said:

    “Only in Illinois would politicians who have failed to pass a balanced budget and reforms put their own personal gain before taxpayers and critical human services.”

    He is not just saying no budget no pay, he is saying no reforms no pay. Where in the constitution does it require the legislature to pass his preferred reforms?

    When you realize $180M annual income from blind trusts, things like pay checks are so quaint.


  24. - Norseman - Monday, Dec 5, 16 @ 3:31 pm:

    Instead of coming up with the dirty hands laugher, it would make more sense to contend that they are being paid, but simply waiting in line like most vendors. Still think it’s a loser because other payrolls are paid on time.


  25. - Thoughts Matter - Monday, Dec 5, 16 @ 3:33 pm:

    Personal gain? Governor, not all legislators are independently wealthy, or are partners in law firms. You are probably forcing several into bankruptcy. You are taking an end run around the Constitution that you swore to protect and defend.


  26. - Keyrock - Monday, Dec 5, 16 @ 3:49 pm:

    Wonder, I think the governor is saying:
    “Give in to me or I’ll dirty your hands and bloody your nose. And I may kneecap you, too.”


  27. - Anonymous - Monday, Dec 5, 16 @ 3:50 pm:

    Henry Francis– Rauner’s trusts are not blind to Rauner. See the addenda to his statement of economic interest. They’re only opaque to the general public.


  28. - ILPundit - Monday, Dec 5, 16 @ 4:07 pm:

    Can any of the legal-eagles speak to the possibility that the court could rule against the legislators, and in their ruling further find that running all state payroll without a budget is illegal? Is that a possibility?

    Seems that a shutdown is something the Dems would like to force to gain leverage, but they need cover given the previous court rulings. Wondering if this is a case where the Dems could win by losing?


  29. - Valerie F. Leonard - Monday, Dec 5, 16 @ 4:17 pm:

    The Governor’s hands are just as dirty as he throws rocks and hides them. In fact he’s even more culpable for the budget “stuff”. It is his responsibility as Governor to present a balanced budget and he has not done that since he was elected. In the meantime, “the least of these” all over the state while Governor Herod just rang in a banner year in his personal finances.


  30. - Roman - Monday, Dec 5, 16 @ 4:21 pm:

    Do the legislators who are circulating the “clean hands” email believe all state employees should stop being paid? They should, because the same constitutional arguement applies.

    In fact, rank-and-file state employees have a less legally justified claim to be paid because their salaries are not covered by a continuing appropriation while legislator’s salaries are.


  31. - Twirling Towards Freedom - Monday, Dec 5, 16 @ 4:29 pm:

    They should be careful with the “only in Illinois” phrase. Only in Illinois would legislators have to sue the Comptroller to get paid. Only in Illinois would any of this be happening.


  32. - Stan - Monday, Dec 5, 16 @ 4:34 pm:

    Roman 4:21 “Do the legislators who are circulating the “clean hands” email believe all state employees should stop being paid? They should, because the same constitutional arguement applies.”

    The Legislators are directly responsible for the impasse. The state workers are not. That is the difference. Mendoza stated during the campaign that she would support no budget no pay. I wonder if she will actually fight for it in the court room using concepts like this one or will she just roll over.


  33. - Juvenal - Monday, Dec 5, 16 @ 4:50 pm:

    Until today, Rauner and the IL GOP claimed there was one and only one person responsible for the impasse: Mike Madigan.

    Their legal argument is a joke, probably drafted by the same Yahoos that drafted the fair maps amendment and the challenge to the 2010 map.


  34. - wordslinger - Monday, Dec 5, 16 @ 5:47 pm:

    The governor is raising the issue of fulfilling Constitutional mandates?

    He should read the ones covering his office.


  35. - Cadillac - Monday, Dec 5, 16 @ 5:53 pm:

    === - AlfondoGonz - Monday, Dec 5, 16 @ 2:48 pm:

    The Illinois Constitution mandates that legislators are paid. The Illinois Constitution mandates that the governor submit a balanced budget.

    What happened to Republicans being sticklers to the actual language of the Constitution? ===

    Check to see when the last time Democrats submitted and passed a balanced budget. We are in this mess for a reason.


  36. - Oswego Willy - Monday, Dec 5, 16 @ 6:02 pm:

    Oh - Cadillac -,

    … signed by Republican governors.

    You’re welcome.


  37. - RNUG - Monday, Dec 5, 16 @ 6:03 pm:

    == Can any of the legal-eagles speak to the possibility that the court could rule against the legislators, and in their ruling further find that running all state payroll without a budget is illegal? Is that a possibility? ==

    The Legislator’s pay is strictly a state issue re the clear statute about the timing of their pay. I expect the court to order them paid in a timely manner per the statute.

    The employee pay is, more or less, a federal wage issue based on the State’s more or less fictitious claim they can’t seperate the employees receiving Federal “pass thru” money versus the employees who are paid with only State funds … so they have to pay all the employees. If that issue was raised again in the same Federal court, I doubt a judge would buy the “we still can’t tell” argument since the State has had time to figure it out. So, in a new go around, I would expect a more directed order than the previous agreed to blanket order.


  38. - RNUG - Monday, Dec 5, 16 @ 6:06 pm:

    == Check to see when the last time Democrats submitted and passed a balanced budget. We are in this mess for a reason. ==

    Both parties agreed to the fictitious savings and revenue assumptions that let them claim it was “balanced”.


  39. - Rabid - Monday, Dec 5, 16 @ 6:27 pm:

    Lower property tax I thought he wanted to freeze it. Losing focus


  40. - Arthur Andersen - Monday, Dec 5, 16 @ 6:32 pm:

    There may be a hole big enough to drive the Trash Can Van through in their unclean hands argument. GA members who have not yet cast votes have hands clean enough for the OR. Isn’t one of the six Dems a new member not yet sworn in? If not, they could add or swap one in without too much trouble.


  41. - Cadillac - Monday, Dec 5, 16 @ 7:04 pm:

    === - RNUG - Monday, Dec 5, 16 @ 6:06 pm:

    == Check to see when the last time Democrats submitted and passed a balanced budget. We are in this mess for a reason. ==

    Both parties agreed to the fictitious savings and revenue assumptions that let them claim it was “balanced”. ===

    Wait.. So only now the Constitution matters? Convenient for the Democrats…


  42. - Cadillac - Monday, Dec 5, 16 @ 7:13 pm:

    === - RNUG - Monday, Dec 5, 16 @ 6:06 pm:

    == Check to see when the last time Democrats submitted and passed a balanced budget. We are in this mess for a reason. ==

    Both parties agreed to the fictitious savings and revenue assumptions that let them claim it was “balanced”. ===

    And that’s a good thing? Maybe, JUST MAYBE, we shouldn’t do that anymore. No, let’s just come up with some more fiction. I don’t mind paying more state taxes. The Democrats set a sunset on the “temporary” tax increase in a lame duck session. Why did they do that, RNUG, when they knew for GD well it was needed then, now & well into the future? Answer: They wanted to put the Scarlet Letter (tax increase) on somebody else.


  43. - Oswego Willy - Monday, Dec 5, 16 @ 7:19 pm:

    ===No, let’s just come up with some more fiction. I don’t mind paying more state taxes. The Democrats set a sunset on the “temporary” tax increase in a lame duck session.===

    LOL!

    Let’s NOT play fiction…

    Rauber asked and demanded for the sunsetting.

    Willfully ignorant or blissfully unaware?


  44. - Cadillac - Monday, Dec 5, 16 @ 7:23 pm:

    Answer the question, Willy:

    Why did they do that, RNUG, when they knew for GD well it was needed then, now & well into the future?


  45. - Cadillac - Monday, Dec 5, 16 @ 7:25 pm:

    ANSWER THE QUESTION!@#$!


  46. - Oswego Willy - Monday, Dec 5, 16 @ 7:35 pm:

    Rauner asked for it to expire, the General Assembly obliged, lol.

    Rauner never should’ve asked for the sunset. Now Rauner needs the Rauner Tax after Rauner asked for the sunset.

    Use the Google. It’s your friend.


  47. - Cadillac - Monday, Dec 5, 16 @ 7:41 pm:

    Typical from you. Can’t (or won’t) answer a direct question - Uses Google or the Search function as a crutch.

    Again Willy, and remember Rauner was not in the picture at the time of this legislation:

    “Why did they do that, RNUG, when they knew for GD well it was needed then, now & well into the future?”

    Can you answer that? I’m waiting….


  48. - Oswego Willy - Monday, Dec 5, 16 @ 7:43 pm:

    - Cadillac -

    It’s not up for discussion. It’s not up for debate.

    Rauner even campaigned on wanting the income tax to expire.

    Rauner, during that 2014 Veto begged that the General Assembly let the income tax increase sunset.

    I guessing your willfully ignorant…


  49. - Oswego Willy - Monday, Dec 5, 16 @ 7:45 pm:

    It was Rauner’s first “mistake” or the beginning of “squeeze the beast”…

    … but Rauber pleaded, the GA obliged. That’s not up for discussion.


  50. - Cadillac - Monday, Dec 5, 16 @ 7:51 pm:

    :crickets:

    Deflecting again. Stay focused on the question, not spin. The guy with tens of thousands of posts on this Blog can’t (or won’t) answer a simple question. That’s very telling.

    Seriously, you’re not going to answer the question?


  51. - Cadillac - Monday, Dec 5, 16 @ 7:53 pm:

    === That’s not up for discussion. ===

    Now Willy says that hard questions are not up for discussion here. Maybe you should get your own Blog.


  52. - Oswego Willy - Monday, Dec 5, 16 @ 8:00 pm:

    - Cadillac -

    Rauner wanted the tax to sunset. Rauner ran on it.

    You’re denying that? LOL


  53. - Cadillac - Monday, Dec 5, 16 @ 8:12 pm:

    Folks, he can’t (or won’t) answer a simple and direct question. See how he keeps changing back to Rauner? :owned:

    Pretty soon he will bring out his often used “troll” adjective (as his last resort), but it is obvious he should look in a mirror and try to be truthful with himself. He simply doesn’t want to type the answer to the question.


  54. - Oswego Willy - Monday, Dec 5, 16 @ 8:18 pm:

    - Cadillac -

    What’s the question?

    Rauner wanted the income tax to expire.

    Start here…

    https://capitolfax.com/2014/11/13/rauner-meets-with-madigan-cullerton/


  55. - Just Me - Monday, Dec 5, 16 @ 8:22 pm:

    I agree with the Speaker! We should pass a budget like we always do!

    He should work with his staff to draw up a budget, and put it on everyone’s desk with an hour notice before voting on it, and then adjourn. That’s the way it has been done almost every year. No need to stop now.

    So, Mr. Speaker, please do it the way we’ve always done it, just like you’ve been saying so in the media the past few weeks.


  56. - Oswego Willy - Monday, Dec 5, 16 @ 8:24 pm:

    - Cadillac -

    Here…

    http://bit.ly/2g2JBfb


  57. - Oswego Willy - Monday, Dec 5, 16 @ 8:26 pm:

    - Cadillac -

    Here…

    http://bit.ly/2gKbEzh

    Rauner wanted it sunsetted.


  58. - Cadillac - Monday, Dec 5, 16 @ 8:30 pm:

    === - Oswego Willy - Monday, Dec 5, 16 @ 8:18 pm:

    - Cadillac -

    What’s the question? ===

    At this time you don’t even know the question?Why in the world would you jump into my question to RNUG if you don’t even know what is being discussed? You need it for a third time (maybe fourth)? Ok.

    “The Democrats set a sunset on the “temporary” tax increase in a lame duck session. Why did they do that, RNUG, when they knew for GD well it was needed then, now & well into the future?”

    Stay focused, Willy. Try again….


  59. - Oswego Willy - Monday, Dec 5, 16 @ 8:30 pm:

    And…

    http://bit.ly/2h13hjl

    K? K.


  60. - Pundent - Monday, Dec 5, 16 @ 8:31 pm:

    And not only did he want the tax to expire I believe he went as far as saying that we could balance the budget without it (with no mention of “reforms”).


  61. - Oswego Willy - Monday, Dec 5, 16 @ 8:31 pm:

    Oh - Cadillac -,

    I was mocking your concentration on me and not my cites.

    But… you already knew that, lol.

    I’m mocking your… silliness.


  62. - Cadillac - Monday, Dec 5, 16 @ 9:06 pm:

    Willfully ignorant, blissfully unaware or a shill?


  63. - Oswego Willy - Monday, Dec 5, 16 @ 9:08 pm:

    ===Willfully ignorant, blissfully unaware or a shill?===

    Shill? I don’t think you’re a shill - Cadillac -, not at all.

    Since you keep ignoring the cites and the Rauner mistake of wanting the income tax to expire, I guess blissfully aware for ya sure… but you’re not a shill.


  64. - Oswego Willy - Monday, Dec 5, 16 @ 9:11 pm:

    Rauner ran on rolling the income tax back.

    Rauner wanted it back. The GA obliged.

    Had Rauner stayed silent, this all would be different. Rauner pressed, it expired, as Rauner campaigned for a want.


  65. - Cadillac - Tuesday, Dec 6, 16 @ 6:54 am:

    Still won’t answer the question…

    Right? Exactly right.


  66. - Oswego Willy - Tuesday, Dec 6, 16 @ 7:14 am:

    - Cadillac -

    Asked, answers, cited.

    Can. You. Read?

    LOL!


  67. - Oswego Willy - Tuesday, Dec 6, 16 @ 7:24 am:

    - Cadilac -

    You should ask, “Why did Rauner run on lowering the in in tax, beg for it to sunset, applauded the lame duck session for letting the income tax sunset?”

    Rauner shoulda kept quiet and then your utter ignorance would make sense. If you can’t read, no one can help you.


  68. - Anonymous - Tuesday, Dec 6, 16 @ 8:36 am:

    This argument is absurd.

    It is the job of these legislators to represent the concerns of their constituents.
    The Governor and GOP legislators have stated that they will not even consider a budget without reforms.
    The reforms they are insisting on go contrary to the interests of the constituents these legislators are elected to represent.

    To say that, because they have not capitulated to the Governor and minority Republican demands, they are not doing their jobs is ludicrous.
    It is their jobs to hold their ground, and represent their electorate’s interest and not the interests of the Governor and Republican hostage takers.


  69. - morningstar - Tuesday, Dec 6, 16 @ 10:06 am:

    OW - I like your typo “Rauber.” In German, this translates to “robber.”


Sorry, comments for this post are now closed.


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