* Press release…
The Illinois Department of Public Health (IDPH) is responding to a test processing delay involving tests conducted at certain state-run sites and sent to Reditus Labs. Processing of up to 3,800 tests conducted at state community-based or mobile testing sites for COVID-19 testing between July 12-24, 2020 have been delayed beyond the appropriate laboratory testing and reporting window.
Community-based and mobile testing that may have been impacted include sites in Aurora, Bloomington, East St. Louis, Peoria, Rockford, Rolling Meadows, and South Holland. While the vast majority of the more than 450,000 tests done at these state sites and sites across Illinois during the July 12-24 time period have already received their results, IDPH recommends individuals who have not yet received their results visit a free state-run testing location to have another specimen collected.
IDPH is working closely with Reditus Labs to improve their interface with specimen collection at state-run sites and ensure the processing of specimens moves forward in a timely manner. Specimens collected after July 24, 2020 are being processed and individuals will be promptly notified of their results.
IDPH is committed to increasing COVID-19 testing across Illinois and in continuously working to improve and streamline the process at community-based and mobile testing sites.
OK, but July 12th was almost three weeks ago.
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* Gov. Pritzker yesterday in Ottawa…
Question: If the Speaker called you today, would you say stay or go?
Pritzker: Well I’ve been very clear about my position about this. I mean I think the speaker has an enormous amount to answer for. There are questions that the public needs to hear the answer to. I do, too. And so that’s what I would start with, questions about exactly what happened here. And what are these allegations that are being made that are somewhat vague, frankly, I mean there’s more information you would need but in that deal, the deferred prosecution agreement, the DPA, for ComEd, there is obviously reference to the speaker and and to people around the speaker. I want to know those connections. I want to understand what it is the speaker was doing. He needs to answer these questions. I think many many of us have called for that.
Please pardon any transcription errors that I didn’t catch.
* Gov. Pritzker on the Skullduggery podcast…
Q: Governor, I want to switch gears a little bit. Illinois has a long and storied history of corruption in its politics. I know you would hope that that was a thing of the past, but the Speaker of the Illinois House, and the Chairman of the Illinois Democratic Party, Michael Madigan, was recently implicated in a pay to play scandal involving ComEd. A growing number of Democratic lawmakers are calling on Madigan to resign. One the other day, state Sen. Heather Steans said he needs to quit now over what she called, quote, a sordid picture of bribery influence peddling and insider dealing. Now you have not called on Madigan to resign. You said only if the allegations are proven to be true or if he is indicted or convicted. Is that really the only standard for participating in public life in Illinois, either you’re convicted or it’s okay to serve?
Pritzker: That’s not the standard that I set. I did say that the speaker would need to resign if the allegations are true. And I have we have, unfortunately, as you know, had other corrupt politicians who have been indicted over the last year and a half and the same standard here that, you know, when their offices get raided when they’re indicted, you know, when the facts come forward, that are directed at them. That is when it is time for people in important positions to either resign their position within the legislature or resign the legislature all together. And in either of those, you know, any circumstance of these allegations being shown to be true. As I’ve said with the other legislators, you know, when there is a preponderance of this kind of activity, you know, raids of their offices, etc. That is when people need to be resigning. Look, there is a growing belief that the speaker has a lot to answer for. There is an awful there are an awful lot of questions that he needs to answer and I have called for him to answer those questions. But thus far we have not heard from him.
Q: Right. I mean, but look, he has been identified in a federal indictment as Public Official Number One, the facts have been are laid out in that indictment of all sorts of payments going to friends and associates of his in exchange for favorable legislation for ComEd. What more do you need to know at this point to say, yes, Michael Madigan has to go?
Pritzker: Well, that’s what I’m saying is, those are serious allegations. Well, let’s start with the fact that this massive utility has committed massive infractions, right? They’ve been found guilty, essentially. And in the process of that, all kinds of things are coming to light. And we need answers to those questions because there hasn’t been any direct indictment. There’s an implication absolutely about a number of people in there. We need to know much, much more. But the truth is that we have a real problem here. There is no doubt about it a need for ethics legislation in our state that we have not seen before. I have called for major changes in the law. For example, we need to stop this the idea that a legislator can quit one day and become a lobbyist/consultant the next day. That kind of revolving door has existed in Illinois. It’s got to go and legislators can no longer while they’re legislators be lobbyists at other levels of government. Those are two examples of loopholes that exist in this State of Illinois that don’t exist elsewhere that we need to close.
And then we need to see exactly what it is that ComEd did that we don’t have a law that covers, and then make sure that we’re closing those loopholes. And that I think is going to be revealed in the process of the conviction of ComEd and the revelations around the people who are written about in the ComEd indictment.
* Gov. Pritzker today in Chicago on Speaker Madigan…
He continues to have unanswered questions hanging out there. He needs to stand up and answer those questions.
I’ve said this from the very beginning, I believe that people who serve the public interest, people who get elected to public office have a duty to be transparent, and to live up to the integrity that’s demanded by the public for their public service. He needs to stand up and answer these questions because people have serious questions about those things.
* The ILGOP sent out a release today responding to his Ottawa remarks…
In case you missed it, WCIA’s Mark Maxwell posted this video of Governor J.B. Pritzker dodging and weaving questions yesterday in Ottawa about whether House Speaker Michael Madigan should resign.
Pritzker now downplays the evidence presented in filings from the U.S. Attorney as “somewhat vague.” He says that he would like to ask Madigan some questions and that the people of Illinois deserve to hear from Madigan. But Pritzker refused to join the growing number of Democrats calling for Madigan to resign.
Here are the new questions Pritzker just raised:
1. What allegations against Madigan does Pritzker find vague? What connections does he not see? Newspapers have reported extensively on the allegations in question.
2. If Pritzker wants to ask Madigan questions, has he called him in the last week? If yes, what did they discuss? If not, why not?
3. Does Pritzker believe that Madigan would ever admit guilt under questioning – should the standard of whether Madigan needs to resign be Madigan’s own word?]
4. Pritzker knows that Madigan is not holding press conferences and that he won’t be answering questions publicly. So isn’t it a cop-out to say he wants to hear Madigan address questions before he would call on him to resign? Does that mean Pritzker will never call on Madigan to resign?
5. Why is it so hard for Pritzker to join other Democrats in calling for Madigan to resign – what is Pritzker so afraid of?
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Asked and answered
Friday, Jul 31, 2020 - Posted by Rich Miller
* Press release…
Today, U.S. Representatives Darin LaHood (IL-18), John Shimkus (IL-15), Adam Kinzinger (IL-16), Rodney Davis (IL-13), and Mike Bost (IL-12) renewed their demand for greater transparency of Illinois’ use of federal assistance. The delegation criticized Governor J.B. Pritzker for failing to fully utilize funding already allocated by Congress in multiple COVID-19 relief packages and refusing to disclose information about how smaller, rural municipalities can receive funding as Congress intended.
The U.S. Treasury Department Inspector General published data this week showing how much each state was given from the federal government and how much each state has spent as of June 30th. According to the report, the State of Illinois received $3,518,945,366 and spent only $505,085,663 or 14.4% of the federal COVID-19 relief funding allocated by Congress as of June 30th.
In May, Illinois Republicans sent a letter to Governor Pritzker requesting information about the process for smaller units of local government to obtain federal funding sent to the state and how much funding was sent to smaller units of local government. No information was provided in response to that letter.
“We continue to hear from local leaders in our districts who are struggling because of COVID-19 and Governor Pritzker’s stay-at-home orders. The lack of transparency regarding the federal funding sent to Illinois to support our communities through this pandemic is unacceptable. While Governor Pritzker continues to criticize the federal government and call for additional federal support, he must immediately provide information to the public about how the federal tax payer money he is withholding will be disbursed and a process for how smaller units of government can get access to the funding,” said Republican members of the Illinois Congressional Delegation.
I checked with the governor’s office about this topic because Crain’s had a story on it this week. They pointed out the obvious: June 30th is the end of the fiscal year. And very little could be spent until the GA passed an FY21 budget (which didn’t begin until July 1) . You can look at where the money is supposed to go by clicking here.
* From the Jordan Abudayyeh at the governor’s office…
Instead of baseless political attacks over information that is readily available online, congressional Republicans should focus on getting members of their party to support a comprehensive federal funding package for states and local governments that are providing vital services working families rely on.
All of Illinois’ share of CARES Act funding has been allocated by the General Assembly with the remainder to be spent through appropriations that recently passed during the spring session. In order to fully expend the funds, the General Assembly had to pass appropriations and create grant programs that will enable the state to spend the funds during FY21, which started July 1. A majority of the funding is allocated to FY21 programs that support critical needs such as contact tracing and testing, healthcare providers, economic development and local governments across the state.
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The Illinois Department of Public Health (IDPH) today announced 1,941 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 21 additional confirmed deaths.
Cook County: 1 female 40s, 1 male 50s, 3 females 60s, 1 female 70s, 2 males 70s, 1 female 80s, 2 males 80s, 3 males 90s
DeKalb County: 1 female 80s
DuPage County: 1 male 70s
Kane County: 1 male 40s, 1 female 70s
Kendall County: 1 female 50s
St. Clair County: 1 female 80s
Will County: 1 female 90s
Currently, IDPH is reporting a total of 178,837 cases, including 7,495 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 49,782 specimens for a total of 2,699,568. The preliminary seven-day statewide positivity for cases as a percent of total test from July 24 –July 30 is 3.9%. As of last night, 1,369 people in Illinois were reported to be in the hospital with COVID-19. Of those, 346 patients were in the ICU and 148 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
* Press release…
The Illinois Department of Public Health (IDPH) today reported 11 counties in Illinois are considered to be at a warning level for novel coronavirus disease (COVID-19). A county enters a warning level when it experiences an increase in two or more COVID-19 risk indicators from the state’s COVID-19 Resurgence Mitigation plan.
Eleven counties are currently at a warning level – Cass, Gallatin, Jackson, Jo Daviess, Johnson, Perry, Randolph, Saline, Sangamon, St. Clair, and White.
These counties saw outbreaks associated with business operations and activities posing higher risk for disease spread, including school graduation ceremonies, a rise in cases among late teens and 20s, parties and social gatherings, people going to bars, long-term care outbreaks, clusters of cases associated with restaurants and churches, and big sports events including soccer, golf, and softball tournaments. Residents of many communities are not wearing face coverings that have been proven to reduce the spread of COVID-19. Public health officials are finding that most contacts to cases are testing positive as well.
Several counties are taking swift action and implementing mitigation measures to help slow the spread of the virus. Examples include the mayor of Springfield requiring bar employees to wear masks or be subject to fines, Perry County hospitals and nursing homes temporarily suspending visitors, and the state’s attorney in Jackson County allowing the local food ordinance to be used to enforce COVID-19 guidance at restaurants and bars.
IDPH uses numerous indicators when determining if a county is experiencing stable COVID-19 activity, or if there are warning signs of increased COVID-19 risk in the county.
New cases per 100,000 people. If there are more than 50 new cases per 100,000 people in the county, this triggers a warning.
Number of deaths. This metric indicates a warning when the weekly number of deaths increases more than 20% for two consecutive weeks.
Weekly test positivity. This metric indicates a warning when the 7-day test positivity rate rises above 8%.
ICU availability. If there are fewer than 20% of intensive care units available in the region, this triggers a warning.
Weekly emergency department visits. This metric indicates a warning when the weekly percent of COVID-19-like-illness emergency department visits increase by more than 20% for two consecutive weeks.
Weekly hospital admissions. A warning is triggered when the weekly number of hospital admissions for COVID-19-like-illness increases by more than 20% for two consecutive weeks.
Tests perform. This metric is used to provide context and indicate if more testing is needed in the county.
Clusters. This metric looks at the percent of COVID-19 cases associated with clusters or outbreaks and is used to understand large increase in cases.
These metrics are intended to be used for local level awareness to help local leaders, businesses, local health departments, and the public make informed decisions about personal and family gatherings, as well as what activities they choose to do. The metrics are updated weekly, with data from the Sunday-Saturday of the prior week.
A map and information of each county’s status can be found on the IDPH website at https://www.dph.illinois.gov/countymetrics.
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Question of the day
Friday, Jul 31, 2020 - Posted by Rich Miller
* Seeing reports online about a Cardinals game being postponed because of an outbreak. What are your thoughts on the rest of the season?
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* Sun-Times…
Speaking in downstate Peoria, an area Pritzker has put on his warning list, the governor suggested residents are at a crossroads.
“We’re at a danger point everybody. Pay attention,” he said. “Now is the moment to wear your mask properly.” […]
“Much of the increase in cases has been tied to the 29 and under population, large social gatherings and household spread from family member to family member,” Pritzker said in a Facebook post. […]
If a region surpasses certain thresholds — metrics include percentage of people testing positive, hospital capacity, and rising hospital admissions — then officials can choose to tighten restrictions from a “menu” of options outlined in the new tiered-system.
* More from Peoria…
Peoria County has determined, with the help of contact tracing, that cases are rising mainly because people under 30 have not been wearing masks and practicing social distancing, said Monica Hendrickson, administrator of the Peoria City/County Health Department, during a news conference last week when a health advisory was issued. Hendrickson relayed more alarming statistics during Thursday’s news conference.
“Our data shows that our positivity rate has doubled in the past two weeks, that our seven-day average, in terms of cases each day, has climbed 14 cases in one week, where we average 33 new cases each day in Peoria County, as well as our ICU and medsurge capacity is on the incline,” she said.
Peoria County’s positivity rate, at 4.3%, is higher than the state’s 3.8% seven-day rolling average.
Mayor Jim Ardis spoke about the detrimental impact more shutdowns would have on Peoria businesses.
“Taking a step back right now is very likely to be the end of a lot of our small businesses; they can’t take it,” he said.
Ardis is exactly right.
* Rep. Ryan Spain (R-Peoria) hit all the right notes…
“This is not a time for Democrats and Republicans to do battle against each other on the topic of public health. We need to take this very seriously,” he said. “Our economic recovery is at stake, the reopening of our schools is at stake, the education of our children is at stake. We need compliance, we need your help. Everyone who is listening, Republicans, Democrats, independents, old people, young people, the millennials — I’m a millennial myself — we are not invincible. We need to take this message very seriously, and everybody needs to do their part to work together as a community. Work to beat this very serious public health challenge.”
Good on him.
* Pritzker also traveled to La Salle County…
“La Salle County has seen an uptick in the number of cases since moving into Phase 4, and especially since early July. Cases in the county have more than doubled since that time. La Salle County is experiencing community spread of the virus. Community spread of the virus means some people are testing positive and are not able to pinpoint when or where they are becoming infected, which is happening all over the county, not one particular area or town,” [La Salle County Health Department administrator Julie Kerestes] said.
“In addition, our highest number of cases continue to be those who are 29 years and younger.”
The COVID-19 numbers are going in the wrong direction, La Salle County Board Chairman Jim Olson said. He said he was “urging” all La Salle County residents to follow procedures set in place by the IDPH and LCDH.
“It’s clear to see that the states that ignored the recommendations from the scientists and opened up early are paying the price now,” Ottawa Mayor Dan Aussem said, adding he doesn’t want to see the same happen here.
He admitted it is uncomfortable to wear the mask, but “at the end of the day, it’s a pretty simple task to do.” He said if you don’t feel comfortable wearing a mask, order curbside or delivery or stay home.
* NBC 5…
In Peoria County, increases were traced to people under the age of 29, large Fourth of July parties and people traveling to Florida, Iowa, Texas and Wisconsin.
In LaSalle County, large family and social gatherings, increases in younger populations and young people visiting bars and attending large social events without masks were blamed.
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* Appointed Rep. Pizer lost his primary, so he won’t be around a whole lot longer. Even so, more drip, drip, drip..
State Representative Jonathan “Yoni” Pizer (D-12) joins fellow House members in calling for Speaker Michael J. Madigan to resign from his leadership roles as Speaker of the House in the Illinois General Assembly and as Illinois Democratic Party Chairman.
“We’re at a critical time in the history of our community, state, and nation. Over the past few months the importance of strong, honest, and ethical leadership has been made abundantly clear, and adherence to these values has been at the center of my life, campaign, and service in the legislature. Our state is reeling from the COVID-19 pandemic, grappling with our history of racism and social injustice, and hurting from the economic downturn” said Pizer. “But, we still have an ambitious agenda ahead. We must ensure the passage of the Fair Tax and the Clean Energy Jobs Act, repeal the Parental Notification Act, prevent Illinois from becoming a right-to-work state, and effectively confront police brutality, racial injustice, and institutional discrimination.”
“The recent allegations of wrongdoing that have come to light amid the ComEd investigation are deeply disturbing” said Pizer. “With these allegations and previous ones relating to harassment, corruption and mismanagement, I am troubled by the Speaker’s failure to live up to the high ethical standards that the people of Illinois rightfully deserve from their political leaders. This is a clear violation of the public trust, and Illinois citizens should have full confidence in their elected officials. This is why I am joining other leaders of reform in our party who are now calling on Speaker Madigan to resign immediately as both the Speaker of the Illinois House of Representatives and Chairman of the Democratic Party of Illinois.”
“Although I deeply believe in the bedrock Constitutional presumption of innocence, this is not a court of law, and we cannot wait for the courts to adjudicate and administer their verdict. As legislators, we don’t have to hold the Speaker to a criminal standard of proof or observe rules of evidence in order to demand a change in leadership. There is simply too much at stake in this historical moment, and we cannot tolerate any unnecessary distraction from the important work at hand. Our state’s leadership and the Democratic Party must be committed to zero-tolerance for wrongdoing and corruption - or even the appearance of it” said Pizer.
Pizer concluded, “I urge my fellow members of the Illinois General Assembly to join me in calling for Speaker Madigan’s resignation. This is a principled position which should be met without threats of political retribution from House leaders or staff. With the Speaker’s resignation, I believe we can focus on the critical issues that matter most to our state and our nation.”
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* Press release…
The Illinois Commerce Commission is pleased to announce that several of the state’s large and small regulated electric, natural gas, water and sewer utilities have voluntarily agreed to keep residential customers connected for an additional month due to ongoing COVID-19 concerns. The moratorium on disconnections expired on July 26, 2020, however, with the voluntary extension, disconnections for residential customers will not occur for most customers until September 2020. Several utilities have also extended similar relief to business customers and have agreed to continue waiving late fees.
Ameren Illinois, Aqua Illinois, Consumer Gas, ComEd, Illinois American Water, Liberty, Nicor, Peoples Gas and North Shore Gas, Utility Services of Illinois are among the utilities with extended moratoriums on service disconnections.
“No one should have to fear losing life-saving utility service during a pandemic. The Commission appreciates the companies’ recognition of the continuing public health emergency and their voluntary efforts to provide much needed additional relief to affected customers,” said ICC Executive Director Christy George.
On June 18, 2020, the Commission approved the landmark COVID-19 utility relief agreements in Docket No. 20-0309, which were the product of negotiations between thirteen utility companies and numerous consumer advocacy groups and parties. In addition to extending the moratorium on disconnections and late payment fees, the agreements provided historic consumer protections involving utility credit and collection practices, deferred payment agreements, and temporary waivers of reconnection fees and new deposit requirements.
I followed up with the ICC and was told three utilities have not yet agreed to the disconnection moratorium extension. MidAmerican Energy is the largest, with about 85,000 Illinois customers. Illinois Gas has about 9,000 customers and Mt. Carmel (which is both electric and gas) serves just over 5,000 customers here.
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What’s the holdup, HFS?
Friday, Jul 31, 2020 - Posted by Rich Miller
* There is big money at stake here…
State Rep. Emanuel “Chris” Welch, D-Hillside, is calling on the Illinois Department of Healthcare and Family Services (HFS) to release contracting data from state Medicaid providers on their use of Black-owned businesses for professional services.
“Black-owned businesses that provide professional services deserve a fair chance to compete for contracts and provide services to the companies and organizations that insure most Illinoisans,” Welch said. “That’s why I’m calling for the release of data from the Illinois Medicaid program on whether its providers are acting in an equitable and inclusive manner in their businesses.”
Welch sent a letter to HFS director Theresa Eagleson calling for the department to release data from state Medicaid providers on their use of Black-owned businesses for professional services. HFS oversees the Illinois Medicaid program and serves as the largest insurer in the state according to the Commission on Government Forecasting and Accountability (CGFA), a bicameral, nonpartisan research unit of the General Assembly. HFS primarily operates Medicaid in Illinois through managed care organizations (MCOs), which provide patients access to networks of medical professionals and health services. Welch is seeking data on the MCOs to ensure that they are inclusive and equitable in their use of Black-owned businesses for professional services.
“Economic justice and racial justice are two sides of the same coin and it is critical that Illinois and all of its partners in providing public services are focused on ensuring racial and economic justice for African Americans and Black-owned businesses,” Welch said. “The largest health insurance program in our state should and the providers that serve that program must have a commitment to equity and inclusivity in contracting.”
I FOIA’d the agency about this topic, but I didn’t get what I needed. That’s mainly my fault for the way I phrased the request. I’ll be trying again soon, but I really shouldn’t have to even file a FOIA and Rep. Welch has been trying to get at this same info for weeks and weeks. It was promised to him and that promise was never fulfilled.
This is totally inexcusable. Stop stonewalling, already.
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Putting Rep. Ford into context
Friday, Jul 31, 2020 - Posted by Rich Miller
* From the Sun-Times’ Madigan story…
“He just wanted to know if I was with him,” said West Side state Rep. La Shawn Ford. “And the point I made to him is that ‘If you say you’re innocent, then I’m with you.’”
* People who’ve been around a while will likely understand where Rep. Ford is coming from. Here’s a story from 2014…
The odds were undoubtedly stacked against state Rep. LaShawn Ford when federal prosecutors indicted him on felony bank fraud charges more than a year and a half ago.
The already sky-high conviction rate at the Dirksen U.S. Courthouse rises to near 100 percent in recent years when it comes to public figures. The cases that are brought against elected officials are typically buttoned down tight, experts say. Little is left to chance.
But in a highly unusual move Monday, prosecutors agreed to drop all 17 felony charges against Ford in exchange for his guilty plea to a single misdemeanor tax count. […]
In pleading guilty to the misdemeanor, Ford admitted that in his 2007 tax return he over-reported what he spent to rehab a single-family house in Chicago’s Austin neighborhood, reducing his capital gain from the sale of the home. The deception cost the Internal Revenue Service a tax loss of $3,782, according to the plea deal. […]
Meanwhile, a lawsuit filed last year by the Federal Deposit Insurance Corp. blamed the failure of the politically connected bank — known for lending in blighted neighborhoods — on poor risk management by its directors and officers. Although the collapse cost the FDIC more than half a billion dollars, none of the bank’s upper echelon of executives or directors was sued.
That misdemeanor was for a return he filed seven years earlier.
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Open thread
Friday, Jul 31, 2020 - Posted by Rich Miller
* Keep it local and keep it polite, please. Thanks.
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* From the speaker’s office…
Rich – Statement from Speaker Madigan:
“I understand that the last couple of weeks have been difficult for our caucus and party, and I have had many candid conversations with members of the Democratic caucus on this matter. The feedback is positive and demonstrates continued support for me and my leadership roles. I have no plans to resign. I have never made a legislative decision with improper motives and any claim otherwise is unfounded. I will continue to lead the effort to defeat Donald Trump, expand the Illinois congressional delegation and the majorities in the Illinois House and Senate.”
Thanks.
Eileen
Perhaps the most unsurprising MJM statement ever.
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* Center Square…
State Sen. Andy Manar, D-Bunker Hill, told WMAY he would like to see a special session of the legislature to deal with ethics reforms.
“The time has come to do them,” Manar said. “These [various ethics reforms proposals] have been around for a very, very long time and I think most of them would receive broad bipartisan support from both sides of the aisle.”
But Manar said Madigan should only step down if he’s indicted, something he said: “could be coming at any time.”
Pritzker Thursday said the Speaker needs to speak up.
“I think the Speaker has an enormous amount to answer for,” Pritzker said. “There are questions that the public needs to hear the answer to. I do too. So that’s what I would start with here, questions, about, you know, what happened here?”
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* Press release…
The following is a statement from State Rep. Kelly Cassidy, in response to recent news about Illinois Democratic House Speaker Michael J. Madigan and the federal investigation into ComEd:
“I have long been an outspoken critic of Speaker Madigan, but I have always stopped short of calling for his resignation, deferring to many of my colleagues’ concerns about due process. In fact, many have cited the so-called ‘Arroyo rule,’ referring to the Speaker’s own declaration that a colleague who was under indictment should resign or be removed. As a leader on criminal justice reform, I feel strongly about the principles of innocent until proven guilty and the right to due process. I also believe leadership must be held to a higher standard, and it is clear that the constant drip of corruption stories will interfere with our ability to advance a progressive agenda. Whether these investigations ultimately implicate him or continue to pick away at his inner circle, the damage is done.”
“We are heading into the most consequential election of my lifetime. Democrats are in serious races up and down the ballot. And thanks in large part to the bold, progressive leadership of Gov. Pritzker, we finally have a Fair Tax Amendment on the ballot–something I have worked toward for most of my adult life. I cannot pretend that we have another minute to wait and see, or look the other way and hope for the best. The stakes are too high. Speaker Madigan must step down from his leadership roles, both in the House and in our party.”
“Finally, I must note that I am following the lead of several of my colleagues–particularly first term women–who spoke up, despite the risk of political repercussions. In a truly democratic body, everyone should feel safe taking a principled stand without fear of retaliation. I plan to do everything in my power to make sure anyone who shares our values of equity and fairness is not left in the cold because they decided it was time for new leadership.”
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* I just can’t even…
…Adding… I’m not sure what this proves, but OK…
Hi Rich,
My name’s Jim Minardi and I am the Communications Director for the Curran campaign.
I am responding to the post you did today on your website of a tweet THREAD the campaign put out in response to the change in IHSA sports schedules. Why did you leave out the rest of the thread? There were two other tweets in the reaction Mark wrote. Please correct immediately and provide your readers the full context of Mark’s thought, tweets 1-3. The other tweets were written by staff as the account is primarily staff managed which is clearly stated in the bio.
Screen shot of tweet two and three (the remaining context of Mark’s thoughts) are attached. Please update your post accordingly. And clarify with your readers.
Thank you.
Here it is…
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MJM calling around to his members
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Subscribers know more…
…Adding… NBC 5…
Four Democratic Illinois lawmakers told NBC 5 Thursday that House Speaker Michael Madigan contacted them individually to ask if he should step down, as calls for him to resign continue to grow after he was implicated in a federal court filing alleging a bribery scheme with ComEd that lasted nearly a decade.
One of the legislators said Madigan called at around 9 a.m. Thursday. Another lawmaker who Madigan consulted said they told him he should not resign - saying that Democrats needed to focus on defeating President Donald Trump in November, and that a vacancy in party leadership less than 100 days before the election would harm that effort.
NBC 5 is not identifying the lawmakers, who requested anonymity to openly discuss the ongoing developments. A spokesman for Madigan did not immediately respond to request for comment.
…Adding… I told subscribers about this earlier…
The sources, two members of Madigan’s 73-member House majority, said the 78-year-old speaker was asking members of his caucus if they agreed with two Democrats, state Reps. Terra Costa Howard of Glen Ellyn and Stephanie Kifowit of Oswego, who have asked Madigan to step down from his governmental post. Howard also said Madigan should resign as state Democratic chair.
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COVID-19 roundup
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Reuters…
One person in the United States died about every minute from COVID-19 on Wednesday as the national death toll surpassed 150,000, the highest in the world
The United States recorded 1,461 new deaths on Wednesday, the highest one-day increase since 1,484 on May 27, according to a Reuters tally.
U.S. coronavirus deaths are rising at their fastest rate in two months and have increased by 10,000 in the past 11 days.
* This is a sound idea…
Dr. Anthony Fauci suggested Wednesday that Americans should consider wearing goggles or a face shield in order to prevent spreading or catching COVID-19.
“If you have goggles or an eye shield, you should use it,” the nation’s top infectious disease expert told ABC News Chief Medical Correspondent Dr. Jennifer Ashton during an Instagram Live conversation on ABC News.
When asked if we’re going to get to a point where eye protection is recommended, the director of the National Institute of Allergy and Infectious Diseases responded, “It might, if you really want perfect protection of the mucosal surfaces.”
“You have mucosa in the nose, mucosa in the mouth, but you also have mucosa in the eye,” he continued. “Theoretically, you should protect all the mucosal surfaces. So if you have goggles or an eye shield you should use it.”
* Good to see the governor out and about…
Illinois Governor J.B. Pritzker visited the Peoria County Health Department Thursday to address concerns regarding COVID-19. The county is among four that state health officials last week said had reached a “warning level” for their coronavirus metrics, with two or more COVID-19 risk indicators.
Pritzker said things are “moving backwards” and there needs to be “real change” in Peoria County. If the region has four more days of people getting sicker and more needing hospital admissions, bars will be ordered to close again and that there would be more restrictions on restaurant services, the Governor said.
* Civic Federation…
At all times, it is important that the Illinois General Assembly be able to conduct its legislative duties safely, effectively and in open view of the public. This remains true during emergencies such as the ongoing COVID-19 pandemic. To ensure a fully functioning legislature now and in the future, the Civic Federation urges the General Assembly to authorize virtual legislative sessions and committee meetings during the rare occasions when face-to-face gatherings are too dangerous. All remote sessions and meetings should be accessible to the public through widely available technology.
* Bernie…
Sangamon County Wednesday reported its highest daily total of new COVID-19 cases – 49 – part of a trend of rising numbers the director of the county’s health department called alarming.
“People are not listening or taking advantage of the guidance to wear masks and socially distance,” said Gail O’Neill, the department director. “That appears to be the problem, especially in so many young people.”
Bars, restaurants and families were key to the spread of the infection, O’Neill said.
Of the 49 newly identified infected people, 31 were younger than 40. The new cases include a 5-month-old, a 6-year-old, five female and one male teens, eight women and eight men in their 20s, seven women in their 30s, two women and two men in their 40s, two women and three men in their 50s, three women and two men in their 60s, a woman and man in their 70s and a woman and man in their 80s.
* The Southern…
Egyptian Health Department is sounding the alarm about an increase in COVID-19 cases and hospitalizations in southeastern Illinois.
“We have had quite the spike in cases in our local communities that we serve,” said Angie Hampton, CEO of the health department that covers Saline, Gallatin and White counties. “The numbers are real,” she added, “and they are concerning to us.”
On July 1, Saline County had reported a total of nine cases since the start of the pandemic. By Wednesday, it had reported 87 cases.
During that same time period, Gallatin County has seen its total case count rise from 2 to 42; and White County’s cases have increased from 5 to 54.
* Meanwhile…
* Tribune live blog headlines…
Coronavirus relief package talks at a standstill as $600 per-week jobless aid lapses, GDP drops
Will Chicago teachers strike —again — if CPS schools reopen this fall? Union officials remain mum so far.
What’s different at Halas Hall this year? Bears Infection Control Officer Andre Tucker details the changes made because of COVID-19.
Uptick in COVID-19 cases makes it difficult to bring back jobs. ‘Some people may be put out of the job market for a long time.’
A dozen students at Bradley University test positive for COVID-19, including some at orientation, after social gathering
Park District workers call for more communication and safety protocols when parks are closed because of COVID-19
* Sun-Times live blog…
Herman Cain dies after weeks-long battle with COVID-19
Will mask mandates be the end of lipstick?
Private jet usage soaring for Chicago charter companies amid pandemic
Pritzker warns public, pols on COVID-19 precautions: ‘If things don’t change, a reversal is where we’re headed’
Fallout from Trump canceling Jacksonville convention events: GOP mega-donor perks vanish
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* Yikes…
The Illinois Department of Public Health (IDPH) today announced 1,772 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.
- Champaign County: 1 female 90s
- Cook County: 1 male 50s, 1 male 60s, 1 female 70s, 2 males 70s, 1 female 80s, 2 males 80s
- DeKalb County: 1 female 80s, 1 female 90s
- DuPage County: 1 male 80s
- Kane County: 1 female 70s
- Kankakee County: 1 male 60s
- Lake County:1 male 80s
- Macon County: 1 male 50s
- Madison County: 1 male 60s
- Winnebago County: 1 male 80s
Currently, IDPH is reporting a total of 176,896 cases, including 7,478 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 41,134 specimens for a total of 2,649,786. The preliminary seven-day statewide positivity for cases as a percent of total test from July 23 –July 29 is 3.8%. As of last night, 1,452 people in Illinois were reported to be in the hospital with COVID-19. Of those, 353 patients were in the ICU and 149 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
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DeVore demands legislature reconvene
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Rebecca Anzel at Capitol News Illinois…
The attorney challenging aspects of Illinois Gov. JB Pritzker’s COVID-19 response said Wednesday he would halt the progress of his “dozen or so” lawsuits if legislators return to Springfield.
At the heart of Thomas DeVore’s many cases in several Illinois counties is the question of whether an Illinois governor is constitutionally and legally authorized to exercise unilateral control over the management of a disaster, such as the public health emergency posed by the novel coronavirus. […]
In an open letter DeVore sent to the General Assembly’s four legislative leaders Wednesday afternoon, the attorney wrote he is “imploring” lawmakers to determine rules for schools and businesses so both can safely resume operations without harming public health. […]
Spokespeople for three of the leaders — House Speaker Michael Madigan (D-Chicago), House Minority Leader Jim Durkin (R-Western Springs) and Senate Minority Leader Bill Brady (R-Bloomington) — did not return requests for comment at the time of publication.
A spokesperson for Senate President Don Harmon (D-Oak Park) wrote in an email that “the Senate has no plans at this time to reconvene before the scheduled veto session in November.”
I dunno. Maybe win a court case outside of Clay County first? Or at least allow something to be appealed?
Sheesh.
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* Sen. Iris Martinez (D-Chicago)…
“I applaud the women who are calling for new leadership for the Democratic Party of Illinois. I agree with the powerful statements issued by State Senators Heather Steans and Melinda Bush. The time for change is now,” says Martinez.
Last year, I called on Madigan to resign after WBEZ reported that Mike McClain, who is directly tied to Madigan, sent an email in 2012 urging the administration of then-governor Quinn to be lenient in a disciplinary case against a state worker who kept quiet about “the rape in Champaign.”
Before that shocking email became public, I called on Madigan to explain himself or resign as chairman of the DPI following revelations about a culture of sexual harassment within DPI and Madigan’s political office. At the time, Madigan claimed he knew nothing about the claims of a female employee who said she’d been sexually harassed by a manager who worked directly for Madigan. He also claimed he knew nothing about payments his cronies made to the accused harasser.
Ten days ago, ComEd admitted in federal court filings to engaging in a decade-long scheme to bribe Madigan. The company agreed to pay a $200 million fine for its wrongdoing. Though Madigan again claims he did nothing wrong, his many controversies are too distracting for him to remain in leadership.
Defeating Donald Trump is a priority matter for all Democrats. Every day that Madigan remains chairman of DPI is another day we are focused on Madigan’s controversies instead of our critical electoral contests.
I am asking my fellow DPI members to come together, call for Madigan’s resignation, and hold a special meeting to elect a new leader. Our party and our state deserve better.
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Question of the day
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Bruce Rushton…
A definitive answer [about the Lincoln stovepipe hat controversy] might be within reach, but shortly after museum trustees and members of the museum’s foundation, which owns the hat, decided to consult with clothing experts, the museum fired the man who came up with a plan to resolve the controversy.
Via email, ALPLM spokesman Chris Wills says that former state historian Sam Wheeler was terminated “for performance.” In a December report, Wheeler had been critical of higher-ups at the institution and in the governor’s office for demanding that he publish findings before his hat research was complete. In his report, Wheeler wrote that he hadn’t been able to confirm the hat’s authenticity and recommended that it be examined by clothing and textile experts.
Wheeler first proposed experts in the spring of 2019, but that didn’t happen. Asked then to allow an examination of the hat, the foundation said it wanted to collaborate on the research project, according to Wheeler’s report, and the matter went no further. Finally, during a July 7 meeting that included museum trustees and members of the nonprofit board, an agreement was reached: Wheeler would find experts to come to Springfield and examine the hat. The Smithsonian was mentioned.
“It’s putting a smile on my face,” Wheeler declared during the meeting when members of the foundation and museum boards approved his plan. “I love to see this level of collaboration, and it is a story I will tell often.”
Eight days later, Wheeler was fired. His dismissal wasn’t discussed at a July 15 trustee meeting that adjourned shortly before Wheeler was reportedly escorted from the building.
* The Question: Should the state try to turn over administration of the ALPLM to the National Archives and Records Administration, which administers other presidential libraries? Take the poll and then explain your answer in comments, please…
panel management
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* Leader Durkin had previously issued one of those “if true” statements about Speaker Madigan. Gov. Pritzker mentioned Durkin’s comments yesterday to defend his own “if true” demand. Welp…
Illinois House Republican Leader Jim Durkin released the following statement regarding the call for Speaker Madigan’s immediate resignation and will be filing a House resolution to call for another vote on Speaker for the Illinois House of Representatives:
“The federal charges outlined in the ComEd prosecution highlight a scheme solely for the benefit of Speaker Madigan. These facts are a disgrace of the highest level to the citizens of Illinois and to the institution of which we serve, the Illinois House of Representatives.
The House Rules for the 101st General Assembly provide great responsibilities and duties of the Speaker of the House. After reviewing the facts contained in the ComEd deferred prosecution agreement, it is abundantly clear that Michael J. Madigan is unable to execute his responsibilities as Speaker of the Illinois House of Representatives and as state representative for the 22nd House District.
I call for the immediate resignation of Speaker Madigan from the Illinois House of Representatives, and will be filing a resolution to have the House Chamber vote on a new Speaker immediately.”
…Adding… HRO…
State Representative candidates Amy Elik, Lisa Ciampoli, and David Friess released the following statements regarding the ongoing corruption scandal surrounding House Speaker Michael Madigan and State Representatives Monica Bristow (IL-111), Katie Stuart (IL-112), Nathan Reitz’s (IL-116), continued silence on the matter as their Democratic legislative colleagues call for Madigan’s resignation.
“It’s impossible to reform Illinois as long as Speaker Madigan remains in power,” said Amy Elik, state representative candidate for the 111th district. “Speaker Madigan continues to block any chance of ethics reform, property tax reform, and term limits, and Monica Bristow is a willing conspirator by remaining silent.”
“The people are demanding change to how Springfield operates,” said Lisa Ciampoli, state representative candidate for the 112th district. “Speaker Madigan has a clear conflict of interest to continue serving as speaker. It’s time for him to step down, and for Katie Stuart to stop playing follow the leader by remaining silent on the matter.”
“Speaker Madigan cannot lead the House of Representatives, and must resign,” said David Friess, state representative candidate for the 116th district. “It’s time for Nathan Reitz to end his silence and let his constituents know if he’s with them or Speaker Madigan.”
This incident is not the first-time area state representatives failed to speak out. When WBEZ covered the story alleging a “powerful former Springfield lobbyist and close friend of House Speaker Madigan” covered up a rape in Champaign and ghost payrolling of government workers, State Representatives Bristow, Stuart, and Reitz failed to hold Madigan accountable.
Alaina Hampton, the individual who sued and settled with Madigan’s operation for sexual harassment, noted in a July 26, 2019 tweet to the Democratic Women’s Caucus, saying:
“I’ve now been waiting a year & a half for you to support me publicly, or even address me by name in a statement. Where are you? What is your stance? We all want to know.”
Why are Representatives Bristow, Reitz, and Stuart among the few House Democrats yet to speak out on Speaker Madigan?
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*** UPDATED x1 *** ComEd on the hot seat
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Dan Mihalopoulos at WBEZ…
In his first public comments since Commonwealth Edison admitted a Springfield bribery scheme, CEO Joe Dominguez said Wednesday he was sorry for the power company’s conduct – but quickly added that he did not think the public suffered as a result of the scandal.
“I wanted to apologize on behalf of the entire company,” Dominguez told officials at a meeting of the Illinois Commerce Commission, which regulates ComEd and other public utilities in the state.
Dominguez quickly pivoted from that mea culpa to show the limits of his contrition. He focused largely on defending the company’s overall performance as excellent – and protecting the legislative gains ComEd achieved during the eight-year-long bribery scheme. […]
In an effort to add what he said was “context” for his company’s state regulators, Dominguez told the ICC that the “deferred prosecution agreement,” or DPA, with the U.S. attorney’s office in Chicago “is not a criminal conviction of ComEd” and that “a few orchestrated the improper conduct” but most employees do a superb job.
Dominguez also said the state laws mentioned in the deal with federal law enforcement authorities actually had benefited the people of Illinois, even though lawmakers locked in electricity delivery rate hikes.
* ComEd is borrowing from its parent…
ComEd doesn’t have $200 million in cash flow to pay the fine, Dominguez told commissioners, so it would borrow the money from its parent company, Exelon. […]
“In order to pay the government, Exelon, like other large holding companies, has a cash balance, is able to use some of that cash. It goes down to ComEd so that it meets its obligation under the [deferred prosecution agreement] to make that payment. In the future, when we otherwise would have provided our profits to the shareholder, our profits are actually going to repay that $200 million. At the end of the day, the capital structure remains the same and shareholders, not customers, will pay all of the fine.”
* Iulia Gheorghiu at Utility Dive…
The utility is strengthening its compliance practices outside of the federal investigation, Gomez told Illinois regulators. Cost changes and percentages that will fall on ratepayers for the compliance function are not available, she added.
ICC commissioners insisted that ComEd’s ratepayers should not fund any changes the utility makes in reaction to the deferred prosecution agreement.
* The person leading that particular charge was the embattled ICC Chair…
Commission Chair Carrie Zalewski told Dominguez and Glockner that she wasn’t comfortable “with one penny” of ratepayer money going to an improved compliance system made necessary by actions over nearly a decade at ComEd that resulted in a criminal charge of bribery.
“I find it very hard to believe Exelon was going to enhance their policies regardless,” she said.
* Some legislators and other elected officials may be alarmed about this…
As part of the deal to defer prosecution of bribery charges against the company, ComEd and its parent company Exelon agreed to pay the fine, to cooperate with a continuing federal investigation, to adopt internal policies and controls regarding their dealings with public officials to prevent similar crimes from occurring again and to file reports with the U.S. Attorney’s office at least once every 12 months detailing how it is complying with the terms of the agreement.
“They create, among other things, a detailed tracking system to capture information about our interactions with public officials,” said David Glocker, Exelon’s executive vice president for compliance and audit. “Going forward, beginning when these policies went into effect on July 6, any request, recommendation or referral from a public official has to be reported, has to be tracked, and it can only be acted on with the concurrence of a series of people within the organization, including, importantly, the compliance function.”
Legislators and other electeds routinely forward constituent complaints to utility companies.
*** UPDATE *** From ComEd…
All requests, referrals and recommendations from public officials for things of value for themselves or others will be reported and tracked. The only exceptions are routine requests for constituent assistance or information.
[ *** End Of Update *** ]
* And, of course…
Here’s an opening sentence one might only get to write in an Illinois newspaper:
Nearly two weeks after admitting to a bombshell bribery charge, ComEd executives outlined their ethics reform plan to a panel of state regulators led by the relative of an alleged player in the criminal plot.
Illinois Commerce Commission Chairwoman Carrie Zalewski, whose agency oversees utility rates and safety practices, opened Wednesday’s meeting with demands for “transparency” and “accountability” in light of federal court records that allege ComEd engaged in a “yearslong bribery scheme” involving jobs, contracts and payments to allies of House Speaker Michael Madigan.
One of the Madigan associates that prosecutors say got such a job? Carrie Zalewski’s father-in-law, former 23rd Ward Ald. Michael Zalewski.
That connection was largely ignored during the hearing, however, even as Zalewski herself called the payments “unethical.”
* Steve Daniels…
“I have not done anything wrong,” Carrie Zalewski shot back, and added, “I take umbrage at the assumption.”
Oliva is a Republican appointee of former Gov. Bruce Rauner. Rauner’s ICC chairman, Brien Sheahan, was quickly replaced with Zalewski after Gov. J.B. Pritzker took office. Zalewski since has reversed some of Sheahan’s policies and priorities.
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* So, in a political environment like this…
President Donald Trump is for the first time floating a “delay” to the Nov. 3 presidential election, as he makes unsubstantiated allegations that increased mail-in voting will result in fraud.
Whew.
* Knowing all this, some local Republicans just made things worse…
Rock Island County Clerk Karen Kinney is asking voters to disregard absentee ballot request forms arriving with a return address of Peoria, saying she has received hundreds of calls to her office from concerned voters. […]
“While this is technically legal, these outside groups do not meet the high standards of protecting the process that I do,” Kinney said. […]
Rock Island County Republican Party Chairman Drue Mielke said Wednesday his office participated in sending out the ballot request applications from Peoria and that voters can trust the process. […]
Mielke said the Rock Island County Republican Party partnered with the Whiteside and Peoria County Republican parties to send ballot applications to all registered voters in the three counties as a way to pool resources and increase voter participation. He said once the applications are filled out and returned to Peoria, all Rock Island County applications will be forwarded to Kinney’s office.
So… they send ballot applications to voters in Rock Island and Whiteside counties with a Peoria return address and they think this is OK in this environment?
If I was a tinfoil hatter, I’d think they were deliberately trying to bolster the president’s arguments. But I’m guessing they’re not that bright.
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Sheriffs complain about new EO
Thursday, Jul 30, 2020 - Posted by Rich Miller
* Jerry Nowicki at Capitol News Illinois…
While Gov. JB Pritzker issued a new executive order this week allowing for transfers into state prisons at the discretion of the Illinois Department of Corrections director, an association representing the state’s sheriffs contends that the move was more show than substance.
Jim Kaitschuk, executive director of the Illinois Sheriffs’ Association, said Wednesday that the new order’s stipulation that transfers are allowed “within the sole discretion of the Director of IDOC” effectively renders the latest executive order inconsequential.
“I think the perception was from the EO that he issued on Monday was that the prisons were open,” Kaitschuk said. “Well, that’s not factually accurate. It’s kind of like having a sign on your door for a business saying it’s open, but the door’s locked.” […]
The requirements are difficult for county jails to meet, Kaitschuk argued, because COVID-19 test results must have been received within three days before the transfer, and tests results often take longer than that. If an inmate has to leave a facility for a test, that restarts the requirement of 14 days of quarantine as well.
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* I appreciate the effort, but, um…
The Democratic Party of Illinois (DPI) today unveiled an updated website and branding as a part of a larger effort to make the state Democratic party more accessible to voters on digital platforms – a key step in getting out the vote during the most consequential election in a lifetime and in a heavily virtual world due to the COVID-19 public health crisis.
“As a part of our work to make Illinois Democrats more accessible to voters, we’ve updated our website to help Illinois residents better understand our issue platforms, get to know our elected officials and candidates, and easily get involved in our efforts to elect Democrats up and down the ballot,” Michael J. Madigan, Chairman of the Democratic Party of Illinois, said.
DPI’s versatile website will be updated regularly to provide voters information on safely and easily voting by mail and about critical Democratic initiatives and ballot measures, including the Fair Tax amendment that will level the playing field for middle- and low-income taxpayers across the state. The new website provides voters with updates on the 2020 election and ways to get involved virtually, as well as allowing voters to quickly contact their local county Democratic party, as well as 2020 candidates running in their area.
“Our updated website is just one step in a larger effort to better connect with candidates, volunteers, and voters in every corner of Illinois,” Madigan added. “The Democratic Party of Illinois believes the strength of the party lies in its diversity, and is expanding the ways we reach voters of all backgrounds.”
OK.
The new site is here.
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* Oy…
Gross domestic product from April to June plunged 32.9% on an annualized basis, according to the Commerce Department’s first reading on the data released Thursday. Economists surveyed by Dow Jones had been looking for a drop of 34.7%.
Still, it was the worst drop ever, with the closest previously coming in mid-1921.
* And…
In yet another sign that the economic recovery is teetering in a resurgence of coronavirus cases, the number of Americans filing first-time unemployment claims rose for the second week in a row.
Some 1.4 million people filed for initial jobless claims last week, up 12,000 from the prior week’s revised level, which was the first increase in 16 weeks.
On an unadjusted basis, 1.2 million people filed first-time claims, down 171,000 from the week before. The seasonal adjustments are traditionally used to smooth out the data, but that has tended to have the opposite effect during the pandemic.
Continued claims, which count workers who have filed for at least two weeks in a row, stood at 17 million for the week ending July 18, up 867,000 from the prior week’s revised level. These seasonally adjusted claims peaked in May at nearly 25 million.
*** UPDATE 1 *** One Illinois…
The news was far better in Illinois, where new claims dropped 4,000 to 32,000 last week from 36,000 the week before. Claims for expanded federal benefits for independent contractors, freelancers, and so-called gig workers not eligible for conventional unemployment dropped precipitously, from a record 74,000 the week before to just 6,000 last week.
That PUA spike last week was really odd.
*** UPDATE 2 *** Press release…
“Today’s announcement of a 32.9 percent drop in U.S. GDP, the largest on record, reiterates what the Chamber has been saying all along - that the government must address both the economic and public health crises simultaneously,” said Illinois Chamber President and CEO Todd Maisch.
“These dual crises necessitate that the administration weigh the priorities of job creators on equal footing with the dictates of scientists. While Illinois is releasing daily public health metrics, we cannot have state government considering economic metrics as an inconvenient afterthought. COVID-19 has created both crises, but we have to recognize that government decisions have contributed to the implosion of our economy.
That is why the Chamber is reiterating our call for four actions:
· Suspension of the minimum wage increase, that makes it even harder for small businesses to reopen;
· Immediate suspension of support for the progressive income tax amendment, that will put another burden on job creators forcing them across state lines;
· A complete repudiation of CEJA, a piece of legislation that threatens all Illinoisans with increased energy costs; and
· A rapid review of regulations to reduce red tape and administrative costs on employers.”
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* Rep. Terra Costa Howard (D-Glen Ellyn) defeated GOP Rep. Peter Breen in 2018…
After careful thought and deliberation, I am calling for Michael J. Madigan to resign as Speaker of the House and Chair of the Democratic Party of Illinois.
The sworn statements in the U.S. Attorney’s agreement with Commonwealth Edison detail a years-long scheme of payoffs and bribery involving many of Speaker Madigan’s closest allies. Even if he was not directly involved in this scheme, these accusations clearly demonstrate that the Speaker’s leadership has failed.
Speaker Madigan has a duty to recognize that these allegations have cast a deep shadow on the reputation of our House. He must take action now to avoid inflicting further damage on the members of the House and the Democratic Party.
Speaker Madigan has not been charged with any crime, and he — like all of us — is entitled to the presumption of innocence and due process. But the corruption and unethical behavior that have been revealed by this investigation make it impossible for Rep. Madigan to continue in his leadership roles. I hope he will do the honorable thing and step down.
*** UPDATE *** And another one…
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* Here you go…
…Adding… With all the stuff going on in DC, they still decided to weigh in here…
U.S. Representatives Rodney Davis (IL-13) and Darin LaHood (IL-18), and Illinois State Representative Tim Butler (HD-87) today criticized Governor J.B. Pritzker’s new restrictions on youth sports, which cancel competitive fall play for football, basketball, volleyball, and other sports.
“There should not be one-size-fits-all regulations for youth sports statewide,” said Rep. Davis. “As Governor Pritzker’s rules currently stand, competitive play for sports like football and basketball is cancelled statewide for as long as the Governor wants. That’s the wrong approach. As a former youth football and baseball coach, I believe local schools, in consultation with parents, athletes, coaches, and their conferences, should get the final say. The Governor’s Office has no business determining who can and cannot play youth sports. This is yet another overreach from Governor Pritzker.”
“As a father of three boys who play sports year round, I understand the integral role athletics play in the education of our children and their mental and physical health. A one-size-fits-all structure to regulating youth sports is not the right approach in a state as regionally diverse as Illinois. This is a clear overreach by Governor Pritzker, and there will be significant health consequences for our children because of these rules,” said Rep. LaHood.
“From day one of his executive orders, the Governor has said he relies solely upon science to make his decisions,” said Butler. “Well, where is his science on these decisions today? Why are sports like lacrosse or ultimate frisbee a higher risk level than basketball and soccer? What is the science on four different levels of play? Yet again, the Governor seems to be making these decisions completely on his own, and certainly with no input from any other elected official.”
Governor Pritzker’s new restrictions “pertains to all youth and adult recreational sports, including, but not limited to, school-based sports (IHSA & IESA), travel clubs, private leagues and clubs, recreational leagues and centers, and park district sports programs.”
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Question of the day
Wednesday, Jul 29, 2020 - Posted by Rich Miller
* Haven’t asked in a while, so let’s do a wellness check: How are you and yours holding up?
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* Tribune editorial…
With Congress debating another relief package to protect the economy from the coronavirus pandemic, state governments likely will receive federal money to offset revenue losses, Illinois included.
Please, Washington: Don’t turn this fifth go-round in COVID-19 aid into a bailout of poorly managed states like ours.
Any money flowing to Illinois should come with strings attached to ensure federal money is reserved strictly for the purpose of addressing virus-related losses. Insist that funds coming here are commensurate with those going to other states. Demand transparency for every dime spent. Don’t let federal aid for a global health pandemic expand into a rescue effort of Illinois for its decades of reckless state government spending.
Why the training wheels for Illinois? Senate President Don Harmon put it in writing. In April, he wrote to members of Illinois’ congressional delegation asking for $41.6 billion in coronavirus aid, including $10 billion for Illinois pensions. It was an outrageous request following decades of overspending. Illinois’ credit rating is among the nation’s worst. That “ask” had little to do with public health and everything to do with the irresponsible habits of Illinois politicians. Don’t be fooled.
* Sen. Mattie Hunter (D-Chicago)…
For the Chicago Tribune Editorial Board to say our federal aid request had “little to do with public health” is disingenuous at best and a flat out lie at worst.
That request specifically asked for the single largest public health investment in Illinois minority communities in modern history.
It is an overdue investment.
It comes at a time when people in Black and Brown communities are being infected, hospitalized and dying at rates exceeding any other community.
It comes as a time when there is growing recognition of these communities’ economic, social and human needs being ignored decade after decade.
That’s why we sought $1 billion in public health investment targeted to these underserved, disproportionately impacted neighborhoods. We also requested hardship pay for the heroes working on the front lines against this virus in health care facilities.
The Tribune Editorial Board skipped all that.
Those are especially hard items to overlook given they were included in Tribune news coverage. Perhaps the Editorial Board should read the paper.
The Tribune Editorial Board’s views on federal relief are stunningly tone deaf at a time when millions of Illinoisans are facing unemployment, food insecurity and lingering racial divisions. I could point out the numerous errors in their argument and judgement, but that’s another letter for another time.
The Editorial Board may score political points in some circles with its finger wagging refrain. I hope it satisfies them. The rest of us will remain focused on getting Illinois through this crisis.
* Related…
* Ben Bernanke: I Was Chairman of the Federal Reserve. Save the States.
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* Press release…
The following is a joint statement from Illinois Education Association President Kathi Griffin and Illinois Federation of Teachers President Dan Montgomery:
“Together, the Illinois Education Association and Illinois Federation of Teachers represent 238,000 employees in public and private schools, colleges and universities in the state of Illinois and in doing so we protect the safety of more than 2.5 million students. We believe that some types of in-person instruction can be achieved with health and safety mitigation in any individual community, but absent a practical safety plan that includes a clear line of responsibility and enforcement, we call for the 2020-21 school year to begin with remote learning.
We are working to ensure that any district providing in-person instruction in Illinois is prepared and able to abide by the safety measures outlined by the state, the federal government, and medical professionals. If those measures are not met, we will do everything we can to protect our students and those who care for them – teachers and professors, bus drivers, classroom aides, secretaries, building janitors and everyone in between. No avenue or action is off the table – the courts, the Illinois Educational Labor Relations Board - nothing, including health and safety strikes. The entire weight of the IEA and the IFT will be used in whatever way is necessary to protect the students and the staff who educate them.
If a return-to-learning plan is not safe, we will act. Our working conditions are our students’ learning conditions. Unions were founded on workplace safety. The COVID-19 pandemic brings us back to our roots. This is the power of belonging to a union – to be able to collectively stand to protect those who need it – employees, students and their families. We especially need to protect those students who live in communities where health care is lacking, non-existent or unaffordable. We are in this together and we are in this to keep everyone healthy, safe and learning.
Since this pandemic began, our members have risen to the occasion. We rebuilt the public education system in a week. We delivered food and schoolwork, dove headfirst into remote learning, and did our best to provide normalcy and emotional support for our students. We miss them. We want to see them more than anything, but we want to do it safely.
For districts who have worked cooperatively with local union leadership, with the community and have successfully abided by all safety measures outlined in official guidance or made the decision to begin the academic year remotely, we commend and thank you.
We know we are stronger when we are united.”
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* The governor was asked that since he’s limiting youth sports, what does that say about schools…
I think each school is trying to set plans for their school. I’ve said all along here that the, the ISBE has been putting out guidance to make sure that there are some basic requirements like masking in schools that are adhered to. But because each school is so much different, they’re different campuses, they’re differently configured buildings, different numbers of people in a building per square foot. We really want those schools to make decisions for themselves. But there’s no doubt about it, I’m watching very closely. If the numbers continue to rise, you know we’re moving on. Regions if they trip the 8% metric or the other metrics that we’ve set out to try to put mitigations in place and we’re watching carefully about schools and whether or not you know they’re opening and doing the right thing. Opening safely I’m particularly concerned about school districts that are talking about opening, without any masks, which is, of course, against the rules in the state of Illinois. It’s also unsafe and unhealthy for not just the kids, but also the teachers, the administrators the paraprofessionals, and the families who come to school often several times a week.
Please remember to pardon all transcription errors.
* He was asked yet again why he wouldn’t institute travel quarantines like the mayor did…
We have many people that live in border communities who might work on the other side of the border. On both sides I might add. People who live in Wisconsin work in Illinois, you live in Illinois and work in Iowa and so on. I don’t want to restrict their activities.
I do think this is exactly the example of why we needed national mandates why we needed a national strategy around COVID-19. Because you can’t there’s no way to protect a border, you know we have half the positivity rate of some of our neighbors and a third of others. And I would like very much to, you know, to have Illinois be, you know, the lowest in the nation. I’d also like to have the whole nation that their positivity rates go down. So, I just don’t think it’s practical and so I haven’t imposed that. But I will adhere to that rule because I live in the city of Chicago.
He added that his family will also adhere to the rules.
* Will these youth sports regulations begin immediately?…
No, I believe the start date is the middle of the month because there are sports going on now. So we’ve tried to ease into it but I’ll get you the exact start date.
* The governor was asked about the growing calls for Speaker Madigan’s resignation and the scandal’s impact on his “Fair tax” proposal this fall…
Well, let me begin by saying that we, there is genuinely a problem that needs to be addressed with ethics legislation in the state, no doubt about it and I’ve been very clear about the many pieces of that legislation that I will be okay. I put those out months ago in fact you’ve seen for example the this revolving door where people are in the legislature one day, and they flip around and become a lobbyist or a consultant the next day for Commonwealth Edison or somebody else. So we need to move on ethics legislation no doubt about it.
In addition to that, I would say, I am concerned overall, there has been a history in Illinois among Republicans and among Democrats of corruption. To address this. There’s just no doubt I think there’s cynicism that abounds among voters and rightfully so when you hear about what Commonwealth Edison did and what anybody that was engaged may have done. So, those are things that I worry about all the time and I will pay very close attention. I think that it affects the politics. I think that the swamp in Washington DC that the President has created is another thing that plays a role in the cynicism of people in Illinois. I think we’ve got to address that one too.
* Follow-up on impact on his fair tax proposal…
I know that there are people who would like to have these things related to one another. They’re not. The truth is that we have an unfair tax system in the state of Illinois in which wealthy people pay the same rate in state taxes as people who are middle class or people who are working class. That’s not fair. There ought to be a higher rate for people who are millionaires and billionaires and there ought to be a lower rate for people who are working class, middle class families trying to make ends meet. That’s what this is about. I think that’s what people understand about it. It’s why it is doing well, in general, in people’s minds and I think why it’ll succeed.
* Governor, you said in January that when there’s “clear” evidence of targeting by criminal investigators, “that’s the point at which folks should step aside.” Do you not see clear evidence of this with Speaker Madigan? And if not, why not?…
Well I have been clear that, you know when there is a raid, when there is a an indictment, you know I have called for people to step down from their positions, or to resign. So I have said the same thing. I’ve said that, you know, if you know if these allegations are true, the speaker should, is going to be required to resign, in my view. By the way, that’s the same thing that the Republican caucus leaders in the General Assembly said when they responded.
[That was my question, by the way, because it came from an interview I did with him back in January. Thanks to Mary Ann Ahern for pressing the issue.]
“But that’s not what Sen. Steans said”…
I think everybody’s, as you’ve seen there have been a variety of reactions to this. I think there are three or four people that have said what Senator Steans has said, but I’m just saying, this is the standard that I think is reasonable. And it’s the standard I would add again that the leaders of the opposition have said as well.
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* Gov. Pritzker…
Today we’re going to discuss youth sports. As I’ve noted previously among incidents that lead to higher rates of community spread. The outbreaks tied to youth sports are particularly troubling.
During a previous update I noted that dozens of students and parents tested positive in a Lake Zurich outbreak that was worsened by sports camps and a teen softball league in Knox County was plagued by similar issues.
On its own, and for the safety of its players and families, the Central Illinois Youth Football League entirely canceled its youth season. On Sunday, the football program in Tuscola, Illinois cut off all activities until further notice.
Nationally over half of states have districts that have shut down training, due to COVID-19 outbreaks.
Whether they’re new to the game, or have been training since they could walk, kids want to play sports. Parents want to cheer from the stands and watch the kids succeed and offer some occasionally unsolicited advice for the next game.
Some young people are working toward a scholarship so that they can fund their college education. These are incredibly important moments in the lives of our children and our families and interrupting the season for our athletes and their fans is not a choice that anyone wants to make.
But when the multi million dollar, multi billion dollar sports leagues with multi million dollar athletes are struggling to protect their players, it’s obvious that there won’t be enough protection for kids on our school playing fields. The NBA has resorted to containing its players in aOrlando, to press on with its season, MLB is facing down a major outbreak just days into its abbreviated fan free season.
This virus is unrelenting, and it spreads so easily that no amount of restriction seems to keep it off the playing field or out of the locker room.
And it’s very painful, frankly, for all of us to make this realization. But with rising rates of spread of the virus, with rising positivity rates throughout Illinois, and the entire United States, this is a situation where the toughest choice is also the safest choice.
Therefore today, my administration is releasing new guidance restricting youth and adult recreational organized sports in Illinois. That Aincludes school based sports such as those governing governed by the IHSA and IES, travel clubs, private leagues, recreational leagues and sports centers and Park District sports programs, just to name a few. In the array of examples, we have worked in consultation with the governing bodies of many of these organized sports programs and collectively. We hope that when metrics and risks improve measurably, we will be able to restart the sports. I want to be clear that the restrictions issued today do not include professional sports leagues, or collegiate level sports.
I know our hearts break when we hear the word restrictions, especially when it comes to our children’s love for their sports, whether this year is their first time on the court, or it’s their senior year season.
This isn’t news that anyone wants to hear. But this virus remains dangerous to kids and parents and grandparents, teachers and coaches and for right now. This is the best thing that we can do for the health and safety of our families. Under the current circumstances, based upon their inherent risk level and based upon minimal contact between athletes and their proximity during play. There are certain sports whose seasons can move forward with more limited restrictions. Tennis and baseball as examples simply don’t carry the higher risk inherent in contact sports like wrestling and football. That differentiation is reflected in these guidelines which categorize each sport into three overarching risk levels, lower, medium, and higher.
Think of these guidelines like a grid. Three risk levels of sports and four tiers of levels of play, based on current public health conditions.
At each of the four tiers, different aspects of play are permitted, from no contact practices that include conditioning and training at level one to full scale tournaments in level four. Effective August 15, lower risk sports like tennis, and baseball and golf can be played at levels one, two and three, with activities like no contact practices, team scrimmages and certain competitive games allowed with IDPH safety guidelines.
Medium risk sports like basketball, soccer and volleyball can be played at levels one and two, with no contact practices and team scrimmages allowed.
And higher risk sports like football hockey and lacrosse can be played at level one with no contact practices and trainings and conditioning.
I won’t go through all the sports and what activities are allowed at each level for each sport, but you can read all about these in the guidelines on the state’s coronavirus website. I will also add that the IHSA, the independent body that regulates most school sports. is meeting now to determine how fall sports should move forward in a way that is safe.
Confusing enough?
That website is here. As I type this, the guidelines are not there.
…Adding… This is how it was quickly explained to me: Sports are categorized by risk level and then how they can play is in four levels depending on risk starting with just practice to full play. But basically high risk sports seasons are moved further out to spring. And sports like golf and tennis are low risk so can play with health guidance
*** UPDATE *** The guidance is here.
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* Press release…
The Illinois Department of Public Health (IDPH) today announced 1,393 new confirmed cases of coronavirus disease (COVID-19) in Illinois, including 18 additional confirmed deaths.
- Carroll County: 1 male 80s
- Cook County: 1 female 20s, 1 male 50s, 2 males 60s, 1 female 70s, 1 male 70s, 1 female 80s
- DeKalb County: 1 female 70s
- Kane County: 1 female 60s, 2 female 90s
- Kankakee County: 1 female 60s
- Kendall County: 1 male 70s
- Montgomery County: 1 male 50s
- Peoria County: 1 male 80s
- Saline County: 1 male 70s
- Winnebago County: 1 male 70s
Currently, IDPH is reporting a total of 175,124 cases, including 7,462 deaths, in 102 counties in Illinois. The age of cases ranges from younger than one to older than 100 years. Within the past 24 hours, laboratories have reported 38,187 specimens for a total of 2,608,652. The preliminary seven-day statewide positivity for cases as a percent of total test from July 22 –July 28 is 3.8%. As of last night, 1,491 people in Illinois were reported to be in the hospital with COVID-19. Of those, 355 patients were in the ICU and 152 patients with COVID-19 were on ventilators.
Following guidance from the Centers for Disease Control and Prevention, IDPH is now reporting both confirmed and probable cases and deaths on its website. Reporting probable cases will help show the potential burden of COVID-19 illness and efficacy of population-based non-pharmaceutical interventions. IDPH will update these data once a week.
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* Coming late to this. Thanks to a commenter for linking to it…
Illinois Gov. JB Pritzker is contending a federal decree, which has been in place 48 years and authorizes oversight of state employment practices, is no longer needed because the state has “reformed” itself and made patronage a thing of the past.
“After nearly half a century, it is time for the 1972 decree to sunset,” Pritzker said in a July 14 court document, drawn up by Illinois Assistant Attorney General Brent Stratton.
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to the Shakman Decrees, federal court orders which bar Illinois government from letting politics improperly control government jobs and allows for federal oversight of hiring practices in Cook County and Springfield.
Noelle Brennan, a lawyer appointed as a monitor under the decree, filed a report Feb. 6 in which she noted work had started toward a comprehensive employment plan for state government. However, Brennan said Pritzker’s office had begun restricting communication between her team and state agencies. In October, Brennan reported the state had failed to put together rules and guidelines to “address certain current systemic practices that are vulnerable to manipulation” or which could violate the Shakman decree.
As an example, Brennan said some employees are given temporary or interim promotions, which sidesteps oversight and the competitive process. Brennan asked District Judge Edmond Chang to broaden the scope of her watchdog activities.
* The governor’s two main arguments…
First, the State has reformed its employment practices to unquestionably pass constitutional muster. The State has instituted a durable solution to prevent future patronage employment practices. It has a comprehensive “exempt list” – approved by the Plaintiffs, the Special Master, and the Court – which the Court identified as the central infirmity of the State’s prior employment practices when Plaintiffs sought supplemental relief in 2014 and 2016. addition, the State, by statute, has instituted an independent oversight structure in the Office of Executive Inspector General, which has within it a dedicated Hiring and Employment Monitoring Division – comprised of ten professionals with expertise and experience in monitoring the State’s employment practices to prevent and uncover political and other forms of discrimination, misconduct, and inefficiency.
In addition, the Special Master exhaustively has monitored the State’s employment policies and practices for the past six years, and has filed 350 pages of detailed reports describing her work and her findings. Those reports acknowledge the State’s “significant progress,” e.g., Dkt. 6565 at 1, and do not identify a single patronage violation during that timeframe – let alone the kind of widespread illegal policies or practices to justify continued systemic intervention.
Second, during the protracted life of the decree, this case has become unmoored from the Constitution. Article III confines courts to cases and controversies involving individual federal rights. To ensure the presence of a case and controversy, Article III requires, as an irreducible constitutional minimum, an injury that is fairly traceable to the defendant’s allegedly unlawful conduct, and that is likely to be redressed by the requested relief. E.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). Plaintiffs are two private lawyers who, regardless of how they came to be litigants in 1969, now in no respects satisfy this constitutional minimum. They simply are not affected, let alone injured, by the State’s employment policies – they are not State employees and have no desire to become State employees.
A half century ago, Plaintiffs obtained a foothold to standing and to a federal forum by complaining of a specific patronage scheme. Plaintiffs alleged that as an independent candidate for the 1970 Illinois Constitutional Convention and a voter supporting that candidate, they were injured by a systemic practice whereby incumbents forced public employees to do political work and make political donations at the risk of being fired. Plaintiffs alleged that this army of campaign workers co-opted from the ranks of public employees tipped the electoral playing field such that candidates and voters themselves suffered cognizable injury.
Now, almost five decades since the decree was entered, Plaintiffs do not and cannot plausibly assert that the State is perpetuating any such scheme. Similarly, the standing jurisprudence that originally (although tenuously) recognized Plaintiffs’ claim to involve a justiciable case-and-controversy has evolved to unequivocally preclude litigating generalized grievances and policy preferences in the federal courts. The factual and legal predicates upon which the federal court originally entered the 1972 decree therefore no longer exist.
As a result, the Constitution compels termination of the decree, not its continued existence. In evaluating whether to vacate a consent decree, “concerns of federalism should factor strongly into the court’s analysis.” O’Sullivan v. City of Chicago, 396 F.3d 843, 868 (7th Cir. 2005). “Unless there is a substantial claim under federal law, the district judge should not enter or continue to enforce a consent decree affecting the operation of a governmental body.” Evans v. City of Chicago, 10 F.3d 474, 482 (7th Cir. 1993). There remains no case-and- controversy and no federal interest in this case to justify the extraordinary intrusion of a federal court into sovereign State affairs.
As explained further below, these developments compel an unequivocal conclusion: there is no basis for continued federal court involvement in the State’s employment practices. After nearly half a century, it is time for the 1972 decree to sunset.
Thoughts?
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* Kelli Smith at the Tribune…
The Illinois State Board of Elections closed its Springfield office Tuesday for about two weeks after a staff member tested positive for COVID-19, according to an agency spokesperson.
The board was notified Sunday that a staff member was showing coronavirus symptoms and had been tested after coming into contact with someone infected with it, the Illinois Times first reported. Test results came back positive Tuesday, which is when the office decided to close until at least Aug. 10, according to Matt Dietrich, a state board spokesman.
Several other staff members began showing symptoms on Monday and Tuesday and have been tested, Dietrich said in an email.
“Pending those results, we are initiating procedures to have the office disinfected and thoroughly cleaned prior to staff returning to the office,” he said.
Maybe they should spend more time worrying about the HVAC system. This virus appears to mainly spread through the air, after all…
Building specialists are poring over how well heavy-duty filters block microbes and considering whether to install systems that use ultraviolet light or electrically charged particles in the ductwork to kill the virus. Companies including Honeywell International Inc., Carrier Global Corp. and Trane Technologies Plc are benefiting from the surge in demand, offering everything from air-monitoring sensors to portable filter machines to help make up for deficiencies in ventilation.
* Bruce Rushton at the Illinois Times…
The board became aware of an issue on Sunday, Dietrich said, when an employee who had been in contact with an infected person began exhibiting symptoms. Employees were told of the issue, Dietrich said, and just two people were in the building on Monday, the deadline for filing objections to third-party candidates and ballot issues. Twenty-five objections were filed on Monday, Dietrich said, with objectors required to wear masks in the building while social distancing was maintained.
With outside observers present, the agency is due to review objections on Aug. 6, one day before the building is scheduled to reopen, Dietrich said. “We’ll have to make some provisions to do that,” he said. If the review takes place on Aug. 7, the November election will not be affected, he added. “If we have to wait an extra day, it’s not a crisis,” Dietrich said.
A phased reopening of the agency began last month, when 25 percent of the staff returned to the building. Last week, 75 percent of the staff was back, Dietrich said, and the agency had been scheduled to return to full staffing next week.
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State moves to dismiss business lawsuit
Wednesday, Jul 29, 2020 - Posted by Rich Miller
* Rebecca Anzel at Capitol News Illinois…
Illinois’ attorney general asked a federal judge Monday to dismiss a lawsuit alleging Gov. JB Pritzker’s executive orders closing non-essential businesses and workplaces are unconstitutional.
A group of Chicagoland business owners argued the governor’s COVID-19 restrictions amount to the confiscation of private property without monetary compensation. Such an action would violate the U.S. and Illinois constitutions, they say.
Those orders “caused the seizure of private property, business interests and livelihoods of individuals across the state, forcing indefinite closures and the layoff of hundreds of thousands of people,” according to the group’s complaint, an amended version of which was filed in June. […]
Alan Bruggeman, a Mokena-based attorney representing the group, wrote in a court filing that by classifying some businesses as essential and others as non-essential, Pritzker’s executive orders were “applied in a completely arbitrary and capricious manner.”
The governor’s actions, he added, “simply picked winners and losers without regard to” Illinoisans’ right to petition the government to reconsider its COVID-19-related rules.
* On to the state’s counter-argument. Take special note of the “police powers” argument…
1. Plaintiffs filed their First Amended Complaint on June 4, 2020, alleging that the Executive Orders issued by Governor Pritzker to address the COVID-19 pandemic violated the Takings Clause of the Fifth Amendment and Illinois Constitution; Plaintiffs also bring claims under 42 U.S.C. § 1983 for substantive and procedural due process violations. See ECF No. 9.
2. However, all of Plaintiffs’ claims are unable to survive a motion to dismiss.
3. First, Plaintiffs’ claims are barred by the Eleventh Amendment as Plaintiffs cannot seek damages in Federal Court against the State or the Governor in his official capacity. This includes Plaintiffs’ claims for equitable relief as those claims also seek compensation from the State treasury and, further, there is an available state remedy to Plaintiffs.
4. This court also lacks subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) for any claims for injunctive relief.
5. Even if Plaintiffs’ claims were not barred by the Eleventh Amendment or for a lack of subject matter jurisdiction, they have failed to plead a takings claim under the Fifth Amendment or Illinois Constitution because Governor Pritzker’s actions were taken pursuant to his authority under the public necessity or police powers doctrines. Even under a traditional takings analysis, Plaintiffs’ takings claims fail as they were not subject to a physical invasion or per se regulatory taking or a compensable regulatory taking under the Fifth Amendment or Illinois Constitution. 6. Plaintiffs’ substantive due process claim fails as they have failed to establish any liberty interest that was violated and the Governor’s decisions were related to a legitimate government interest.
7. Finally, Plaintiffs’ procedural due process claim fails as they were not entitled to a pre-deprivation hearing before the Executive Orders went into effect and there are adequate post-deprivation procedures in place that Plaintiffs could pursue.
The full argument is here.
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Oh, the irony
Wednesday, Jul 29, 2020 - Posted by Rich Miller
* On the surface, this looks not good at all…
A commissioner at the state agency that oversees Commonwealth Edison has called on the head of the Illinois Commerce Commission to recuse herself from a public meeting with executives from the corrupt power company, according to an internal ICC letter obtained Tuesday by WBEZ.
ComEd executives are scheduled to appear at the ICC meeting Wednesday to answer questions about the utility giant’s admission that it had engaged in a long-running bribery scheme in Springfield.
One of the five ICC commissioners, Sadzi Martha Oliva, wrote that she was “deeply troubled” to see the commission’s chairwoman, Carrie Zalewski, was planning to participate in the meeting on ComEd’s “ethics reforms” despite her father-in-law’s involvement in the corruption scandal. […]
Four days after Oliva’s letter, top ICC lawyer Philip Kosanovich replied that he disagreed with her.
“I have reviewed the statutes and rules language you cited,” Kosanovich wrote. “I am aware of no facts that would require Chairman Zalewski’s recusal from the July 29, 2020 proceedings involving Commonwealth Edison Company.”
Scratch the surface, though, and you’ll see that Commissioner Oliva is by most accounts a pretty reliable supporter of ComEd at the ICC.
* For instance…
The Illinois Commerce Commission has agreed to settle a lawsuit, filed by Illinois PIRG Education Fund and GlidePath, that alleged it deliberately excluded select consumer advocates and industry experts from participating in its NextGrid Study process, while allowing ComEd and Ameren to fund, shape, and approve a report designed to influence Illinois energy policy.
The final NextGrid report, which has been blocked from publication by a court injunction for more than a year, must now include the following disclaimer stating that the study was funded by ComEd and Ameren and should not be used to influence policy or regulation:
“This Report is not a consensus document and it is not intended to advise or guide legislators, regulators, or other policy makers, or to otherwise be used as a basis for legislation, regulation, policy, or ratemaking. This Report was funded by Commonwealth Edison and Ameren at a cost to the ratepayers of Illinois. The contract executed as part of the process states that the report is to be compiled for the ICC, under the direction of Commonwealth Edison and Ameren, and requires prior review by Commonwealth Edison and Ameren to be deemed complete.”
In June 2018, Illinois PIRG Education Fund, an independent consumer advocate, and GlidePath, a leading independent developer and owner of advanced energy and energy storage systems, sued the ICC and its former Chairman Brien Sheahan for violating the Illinois Open Meetings Act after they were excluded from NextGrid working groups. In that litigation, the ICC admitted that NextGrid meetings did not comply with the Open Meetings Act and agreed in a court order to comply with the Open Meetings Act thereafter.
The ICC claimed the NextGrid Study was an open and transparent process and issued a public call for interested parties to become members of NextGrid working groups. But through depositions and filings, the lawsuit revealed that the ICC, ComEd, and Ameren worked together with former Chairman Sheahan and handpicked individuals to determine which companies and individuals would be allowed to participate in the working groups and which would be blocked from doing so.
Witnesses testified that ComEd objected to GlidePath’s participation in the study before GlidePath was blocked from participating. Testimony also recounted how Chairman Sheahan decided to remove a member from a NextGrid working group and directed a staff member to disconnect the phone line of another participant during a working group meeting.
“The documents in this case show a state regulator working to benefit the very utilities it should be regulating by cherry-picking utility-friendly participants and excluding those that would challenge the utilities’ control,” said Dan Foley, founder of GlidePath. “It’s unfortunate that it took a lawsuit to bring these facts to light, but we hope this settlement will help reduce the undue influence utilities have held over our regulators for far too long.”
“When utilities are allowed to shape energy policy and regulation, the public suffers,” said Abe Scarr, executive director of Illinois PIRG. “We’re proud to have made this step toward increased transparency and public participation in Illinois’ energy system.”
Oliva was at the ICC when that all went down and backed the study and the way it was all constructed to apparently favor the utilities.
* The contractor released the report anyway, which prompted Chair Zalewski and three other ICC members to release a statement condemning the report…
We recently became aware of the release of University of Illinois’ Next Grid Report (“Report”), and the dissemination of the Report by a former Commissioner of the Illinois Commerce Commission (“Commission”). Considering the potential for confusion, it is incumbent upon us to clarify the Report’s implications for Illinois and the nation. Simply put, this Report is not suited for any regulatory, legislative, or policy pursuit within Illinois or any other jurisdiction.
Oliva was the only commissioner who did not sign the statement.
Everything I’ve been told about Zalewski is that she’s been a competent and fair chair. So, it would be about the most Illinois thing ever if an ICC Chair like that was forced off the commission over an issue with her father-in-law.
* And if you’re still interested in this topic, click here and read Illinois PIRG State Director Abe Scarr’s written testimony to the ICC today. There are some sound recommendations at that link.
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* Bernie…
A lawyer representing former state historian Samuel Wheeler said Wheeler was never told of any problems with his job performance before being fired this month.
Chris Wills, spokesman for the Abraham Lincoln Presidential Library and Museum, said Tuesday that Wheeler was “terminated for performance.” Wheeler’s last day was July 15.
“Dr. Wheeler was never informed of any performance issues, and from my understanding of the facts, what he did was what he was asked to do,” said Springfield attorney Carl Draper, who represents Wheeler. “He wrote the reports he was asked to report, and he tried to fulfill his obligations that relate to his job duties.”
Meanwhile, Ray LaHood, ALPLM chairman of the board – the state agency for which Wheeler worked – said Tuesday that the governor’s office wants a different role for the state historian. That is one of two titles Wheeler held in his $88,080-a-year job — the other being director of research.
“I think it was clear from the governor’s office that they wanted to go in a different direction with the position of historian and make it more like the poet laureate,” said LaHood, a former member of Congress and U.S. secretary of transportation. He said the position would be subject to a term appointment and the historian would travel the state giving speeches at schools and universities, and also lecture at the Lincoln library and museum in Springfield.
So, which is it? Or is it both?
…Adding… Good questions…
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* You’ll recall the county sheriffs sued the state over its refusal to accept transfers from local jails. Jerry Nowicki at Capitol News Illinois had the eagle eye…
Pritzker’s executive order No. 50 of 2020 — the 46th related to COVID-19 — was signed Monday night, allowing for the transfer of inmates from county jails to IDOC facilities.
With the exception of transfers made at the discretion of the IDOC director, the practice had been on hold since March 26 when the governor signed an order aimed at limiting spread of the virus at state correctional facilities.
An internal IDOC memo issued Monday, when the transfers were to resume, outlined that any prisoner being transferred would be masked, and 50-passenger transfer buses would be limited to carrying 12 inmates, all socially distanced. Temperature checks and testing would be conducted at multiple points.
Someone being transferred to a facility must quarantine for 14 days prior to the transfer, and a COVID-19 test must be performed within 72 hours of the transfer. Proof of a negative test will be sent with the transferee to the new facility.
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Open thread
Wednesday, Jul 29, 2020 - Posted by Rich Miller
* Please keep it local and be nice to each other. Thanks.
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