* Mark Maxwell…
A third former state legislator has filed a lawsuit to argue he is entitled to pay raises from years past — even though he voted against them while he was in office.
Mike Fortner, a former Republican state representative and NIU physics professor from West Chicago, had a reputation for paying close attention to the state’s many fiscal headaches.
Fortner filed the new lawsuit on Tuesday seeking backpay for himself and all current or former state lawmakers. His lawyers argue Fortner’s previous votes to block his own pay raises were unconstitutional because it changed his salary during the middle of his term.
“Fortner is entitled to receive his full COLA salary adjustments for the period from July 2009 to January 2019 — spanning all of fiscal years 2010 through 2018 and the first six months of fiscal year 2019,” the suit argues.
Fortner’s attorneys later filed a motion for class action certification on Wednesday, which would extend to all current and former members of the General Assembly — even those who don’t publicly put their names on the lawsuit.
* Comptroller Mendoza…
I am disheartened to hear that former State Representative Mike Fortner, R-West Chicago, has filed an ill-advised class(less) action lawsuit seeking to retroactively take from taxpayers money for raises he voted not to take through legislation he co-sponsored. This reckless lawsuit exposes taxpayers to millions of dollars in additional liability.
I respectfully suggest that this Professor of Particle Physics has sued the wrong person – he should sue himself. HE is the one who voted to deny himself a pay raise – not the Comptroller’s office.
It’s not rocket science, Professor. You should know better.
I have been fighting a similar shameless lawsuit brought by former State Senators Michael Noland, D-Elgin, and James Clayborne, D-Belleville, for four years and will continue fighting in hopes the state Supreme Court sees that legislators who voted to decline their raises should not be entitled to claim them years later.
If the court orders the state to take up to $10 million or more of taxpayers’ money to pay all former legislators raises they voted not to take, I will send legislators the forms state employees can already use to distribute a portion of their salaries to charity. As a former legislator who voted against these pay raises, I will lead by example, donating any back pay I get to charity and will encourage others to do the same.
it’s not rocket science, but it is constitutional law. Legislators’ compensation cannot be altered during their terms of office. The comptroller is running for reelection, and this is a great issue for her, but it doesn’t change the facts.
* Meanwhile…
- PublicServant - Friday, Jun 4, 21 @ 7:16 am:
Republicans hypocritical? Not those ethical reformers. No. I don’t believe it.
- Steve Rogers - Friday, Jun 4, 21 @ 7:47 am:
So, all along, these “no” votes were only for show. Inconceivable.
- Pundent - Friday, Jun 4, 21 @ 7:53 am:
This is why we need to call these “courageous” no votes out as the stunts they are. These guys know exactly what they’re doing and the meaningless nature of it all. The time for the controller to be outraged is when the vote occurs not after. It’s simply a deferred compensation plan.
- thisjustinagain - Friday, Jun 4, 21 @ 8:10 am:
But was it a show vote? If he didn’t want the raises, and didn’t believe his fellow Members deserved raises, then it is truly a vote of conscience. Did he know he’d come back in 2021 with a lawsuit to get paid when he voted no all the way back in 2010? And I find Comptroller Mendoza’s language rude and unbecoming of her and her office, despite liking so much she has done as Comptroller.
- Frank talks - Friday, Jun 4, 21 @ 8:13 am:
Knew that would be coming soon enough once the lawsuit said only Noland and Clayborne would get paid.
If Mendoza wants to be the great reformer why doesn’t she combine her own office with the treasurer? All she does is sign checks right?
- Flat Bed Ford - Friday, Jun 4, 21 @ 8:17 am:
How does this impact current legislators? Does all the COLA skips now roll up into their salaries? If so, that could potentially be big money. How many “retire” under the new map and laugh all the way to the bank?
- Shield - Friday, Jun 4, 21 @ 8:46 am:
==Fun fact: Mike Fortner is already making money on state payroll. House Republicans have paid him $53k+ since December of 2019 out of their redistricting fund. State records show they sent payments to “M.F.” through a consultant named Rebecca C. Hall.==
Where’s their map?
- natty lite - Friday, Jun 4, 21 @ 8:49 am:
Of course at no time during that 10-year period did it occur to our wise and noble legislators to actually change the statute relating to pay to take effect for *the next* general assembly in order to satisfy the constitution. Honest mistake! Pobody’s nerfect.
- natty lite - Friday, Jun 4, 21 @ 9:11 am:
Sorry, not on a GA-to-GA basis but “during the term for which he has been elected.” Pobody’s nerfect including random internet commenters. Surly they have changed the law for new elected officials going forward?
- Fan of Mary Ann - Friday, Jun 4, 21 @ 9:22 am:
Did the Comptroller fill out a Mad Libs and put it out as a press release? It sounded more like a 6th grader getting mad and having lame responses than a Statewide elected official.
- Huh? - Friday, Jun 4, 21 @ 9:22 am:
Can his no votes be used against him?
- Joe Bidenopolous - Friday, Jun 4, 21 @ 9:29 am:
Mendoza going down the Trump path with condescending nicknames and harsh, meme-y language does not help the overall political discourse.
I’m a Dem who’s known her for more than 20 years and I’ll say the same thing now as when I met her - she needs to grow up.
- walker - Friday, Jun 4, 21 @ 10:30 am:
“”she needs to grow up”"
Nah Joey B. Susana’s passions and frankness are what I’ve always admired about her.
- Norseman - Friday, Jun 4, 21 @ 10:32 am:
=== This is why we need to call these “courageous” no votes out as the stunts they are. ===
As I recall, plenty of Capitol Fax commenters did. They played their game to pretend to make sacrifices while forcing sacrifices on others.
Mendoza is playing her game now. Yell up and down for the campaign ads.
- Strategy Geek - Friday, Jun 4, 21 @ 11:12 am:
@Joe What “condescending nickname” did she call him? “Professor”? He is a professor emeritus at NIU. He SHOULD know better. He is wrong on this and Mendoza, God Bless her straight talk, is right: The state constitution says “Changes in the salary of a member shall not take effect during the term for which he has been elected.” That does not mean legislators can vote to decline a pay raise, campaign for re-election based on that vote, then years later, come back and sue to claw back those raises.
- Joe Bidenopolous - Friday, Jun 4, 21 @ 11:20 am:
Walk, I love ya bud, but there’s a huge difference between passion and frankness, and name calling and condescension
- thechampaignlife - Friday, Jun 4, 21 @ 11:24 am:
You have the constitutional right to an attorney, but you can decline that right and speak to cops without your lawyer present. By voting to block his raise, there is a good argument to make that he declined his right to the raise.
- Flat Bed Ford - Friday, Jun 4, 21 @ 11:25 am:
=That does not mean legislators can vote to decline a pay raise, campaign for re-election based on that vote, then years later, come back and sue to claw back those raises.=
Well, the law is the law. You think this is the first time politicians in Illinois have done things legislatively for political gain? It works both ways too. How many campaigned in 2018 on “no budget, no pay” or “no legislative pay raises” and then voted for the budget once elected? More than one I assure you.
- What is next? - Friday, Jun 4, 21 @ 12:25 pm:
Not taking a pay raise was the political talking points of Cousineau. Members tried hard to push back. He was such a bully that no one had a voice.
- Candy Dogood - Friday, Jun 4, 21 @ 12:48 pm:
Has comptroller Mendoza returned that full month’s salary she received when she transitioned from State Rep to a different elected position?
- EssentialStateEmployeeFromChatham - Friday, Jun 4, 21 @ 3:53 pm:
Maybe all of Mendoza’s befriending of Aaron Schock while both of them were in the GA wore off on her:
https://www.dailyregister.com/newsnow/x2022441768/Bernard-Schoenburg-Schock-helps-boost-Dem-Mendoza-to-higher-office