Reader comments closed for the weekend
Friday, Dec 19, 2014 - Posted by Rich Miller
* We’ll be back Monday and maybe Tuesday, depending on blog traffic. But before we go, let’s hand out some awards.
* The 2014 Golden Horseshoe Award for Best Statehouse Insider goes to Nancy Kimme…
This year, in the wake of JBT, it’s hard not to honor Nancy Kimme. As Knome said, it’s her year.
But I agree with others that Tom Cullen should win this year. 1) he doesn’t want it. 2) he supports Nancy’s nomination. 3) this is about insider’s insiders, like OW said.
Tom treats staff, both Democrats and Republicans as equals. Not just because he comes from their ranks, but because it’s the right thing to do and that’s how he is. While Tom doesn’t like to lose, he does play the game with honor, integrity, passion and fairness.
Any other year, Tom would have run away with this. But, like elections, trying times define who we are and JBT’s passing put Nancy in the spotlight, where we can now learn more about the great work she does, the respect she commands, and overall love that is felt for her and high esteem people have of her.
In conclusion, I nominate Nancy Kimme because she deserves it and, like Tom, doesn’t want the attention!
Tom Cullen wins runner-up.
* The 2014 Steve Brown Golden Horseshoe Award for Best Government/Campaign Spokesperson goes to Dave Clarkin…
It’s easy to be a spokesperson for another when the road is paved and the lines are there to follow. You measure a good Spokesperson when that vehicle seems to miss the paved road and the Principle needs to find their way.
Dave Clarkin added a much needed voice, a consistently sound voice that guided his Principle during a time of great uncertainty. The tone and tenor of the last 3 months of the campaign, and the days following Election Day, Dave Clarkin was instrumental in trying to keep things toned down, while at the same time continually cheerleading, but with great care and skill not to seem too brash.
I nominate Dave Clarkin for the Steve Brown Golden Horseshoe Award for Best Government/Campaign Spokesperson for the solid service rendered during a time that being a spokesperson was as important as the history playing out. Yeoman work.
The Frerichs campaign seemed to turn around when Clarkin finally arrived.
* And now it’s time to hand out the 2014 Wordslinger Golden Horseshoe Award for Best CapitolFax.com Commenter. Past winner Steve Schnorf (and several others) nominated Soccermom…
Speaks truth in such an entertaining way. Smarts, witty not too partisan, progressive without being elitist. I’m smitten, as are so many others
Past winner Oswego Willy (along with several others) nominated MrJM…
This was a year of intensity and overload. If we weren’t fact checking, we were waiting for point/counter point from governmental bodies to campaigns. There was plenty going on, and this place was place to find out.
- MrJM - was consistently on top of his game. While it seemed discussions would focus down to the tenses of verbs, - MrJM - had an uncanny knack to infuse his thoughts, many times ridiculously funny thoughts, to give a clearer ironic look at the happenings of the day.
Do yoursrlf a solid, just check out his Twitter. Hysterical. It’s like reading a supplement to his comments here, and his pithy remarks there are as interesting as they are here. There have been way too many times I laughed at the absurdity I missed and he pointed out, as only he could.
Thanks - MrJM -, I nominate you for keeping a sharply cynical view that is delivered with such comedy and style.
Linus summed it up for me…
I’d like to split my vote, and second these nominations for king and queen of the commenting prom:
– MrJM, for the reasons Precinct Captain and others have stated so well. Many are the mornings I’ve guffawed heartily into my coffee mug over his pithy posts.
– Soccermom, for her respectful opinions and the well-balanced way she shares them.
So, it’s a tie yet again: Soccermom and MrJM. Congrats to both worthy winners!
* For Baar…
So let’s set the world on fire
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* Reporters (as well as several commenters) have asked what impact this appointment of Jerry Stermer to comptroller will have on Stermer’s pension. His pay will go up about ten grand a year and he could be eligible to move over to the General Assembly Retirement System, which has a better benefit package than his current SERS deal.
Well, Stermer has always been a class act, and he demonstrated it again this afternoon.
Stermer will not pay into SERS during his three weeks as comptroller and will not seek to move over to GARS.
Good for him.
The haters are gonna have to find something else to complain about.
…Adding… As a commenter pointed out earlier, moving into GARS wouldn’t have meant much anyway…
If Mr. Stermer would qualify for a GARS pension (see 40 ILCS 5/2-105 for service requirements), for the first four years of GARS-eligible service, the pension is set at 3% of the office holder’s final salary for each year of service (https://www.srs.illinois.gov/GARS/retireben_gars.htm). With 24 days of service as Comptroller, his total benefit would be 24/365ths of 3% or 0.1973% of his final salary. Assuming that Mr. Stermer receives the same salary as the late Comptroller Topinka ($135,669.70), the most that this service could increase his pension (and it is not completely clear that it would) is $267.62 per year.
With that extra $21 per month, Mr. Stermer will finally be able to upgrade from basic cable.
* Also, I talked to Speaker Michael Madigan’s spokesman Steve Brown today about the Stermer appointment. The Speaker had asked for a bipartisan agreement with the “executive department.” Bruce Rauner’s statement about Stermer’s new job surely qualified as such…
“Appointing a temporary placeholder and keeping Judy Baar Topinka’s staff in place is an appropriate decision and will ensure continuity of services for the people of Illinois – for that I thank the governor. I know Jerry Stermer will be well served by Nancy Kimme and the team in the comptroller’s office.”
In light of that “executive department” agreement, I asked, does the Speaker have any new thoughts about a special session for a special election? Brown said his previous answer would be the same unless he hears otherwise and didn’t hold out much hope for that, claiming that a special session could possibly be dealt with in the spring session.
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* We’ll know soon…
GOVERNOR’S PUBLIC SCHEDULE
**Friday, December 19, 2014**
CHICAGO – Governor Pat Quinn will appoint a Comptroller for the state of Illinois.
WHEN: 1:30 p.m.
WHERE: James R. Thompson Center
15th Floor – Blue Room
100 W. Randolph St.
Chicago, 60601
* A live video feed is here. Internet service can be sketchy from the Blue Room, so hopefully this ScribbleLive feed will work…
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Golden Horseshoe Awards
Friday, Dec 19, 2014 - Posted by Rich Miller
* Our final category, with last year’s winners in parentheses…
* The 2014 Wordslinger Golden Horseshoe Award for Best CapitolFax.com Commenter (RNUG and 47th Ward)
As always, please make sure to explain your vote or it won’t count.
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Bears open thread
Friday, Dec 19, 2014 - Posted by Rich Miller
* In my opinion, Jay Cutler isn’t the only one who should go. The entire Bears management ought to be fired and the Halas family ought to sell the team to somebody who knows what the heck they’re doing.
Discuss.
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More adventures in misgovernance
Friday, Dec 19, 2014 - Posted by Rich Miller
* AP…
llinois’ child-welfare agency cannot properly account for thousands of runaway or otherwise missing foster care children, is sloppy about keeping track of when they disappear, and can rarely show that proper authorities are contacted when necessary, a report by Auditor General William Holland released Thursday found.
The Illinois Department of Children and Family Services does not keep track of how many children disappear in a given year or the locations from which they vanish, the audit found.
The agency reports that, during the 2011 and 2012 audit period, an estimated 2,800 to 3,100 foster children, or state wards, disappeared in 26,500 to 29,200 separate incidents.
The agency did not differentiate between those who had run away and those whose whereabouts caregivers did not immediately know. Of 29,000 incidents, 61 were reported as abductions, while the audit found 40 of those had been wrongly classified.
Holland noted that DCFS procedures emphasize “timely action to reduce risks to missing wards.”
The full report is here.
* From a House GOP press release…
Deputy House Minority Leader Patti Bellock (R-Hinsdale), the Republican Spokesperson on the Human Services Appropriations Committee, responded to the audit’s findings and called upon lawmakers and DCFS officials to take appropriate action.
“There should be no higher priority for DCFS than ensuring the safety and welfare of children in the state’s care,” Bellock said. “These audit findings underscore the agency’s failure to meet that most basic necessity and how the lives of literally thousands of young people have been jeopardized as a result. Reforms are urgently needed to fix the broken system of reporting and locating missing kids. DCFS officials need to demonstrate what actions they’re taking to correct this tragedy and the General Assembly must be prepared to respond as needed to find and protect these kids.”
The House Human Services Committee is scheduled to meet in Chicago on January 7 to receive testimony regarding documented abuse at DCFS residential facilities. The Auditor General’s report on missing wards is also likely to be a subject of discussion for proposed reforms throughout the DCFS system.
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Question of the day - Golden Horseshoe Awards
Friday, Dec 19, 2014 - Posted by Rich Miller
* The 2014 Golden Horseshoe Award for Best Contract Lobbyist goes to the late Bill Luking…
He completed the 2014 session and did more in those 5 months than most of us get done in our careers. Finishing the session totally makes him eligible for this nom. He left us all too soon, but there’s no comparing to him. When you have information readily in your mind like Google, there’s no rival. He was admired, treated everyone like his best friend. And was always willing to teach the technical aspects of this craft in addition to the social musts. Unforgettable.
Nobody deserves it more than Bill.
* The 2014 Golden Horseshoe Award for Best In-House Lobbyist goes to Derek Blaida…
He worked relentlessly regardless of whether those employing him listened to his sage advice or not. He is respectful of everyone inside and outside of the Capitol community and conducts himself in the right way. There was not a more honorable or gracious In-House lobbyist this year given what Derek had to deal with. He deserves recognition not only for his efforts but for his good heart in a business that sometimes is lacking in that department.
* On to this morning’s categories, with last year’s winners in parentheses…
* The Mike McClain Golden Horseshoe Award for Best Statehouse Insider (Dave Vite)
* The Steve Brown Golden Horseshoe Award for Best Government/Campaign Spokesperson (Patti Thompson)
Make sure to explain your vote, please, and nominate in both categories. Thanks.
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Petulance all around
Friday, Dec 19, 2014 - Posted by Rich Miller
* It’s been my observation over the years that whenever somebody opposes a special session topic, they almost always bring up the cost of a special session. Ergo, today’s Chicago Tribune editorial…
It’s ridiculous for Quinn to call a special session, to haul the lawmakers to Springfield at an expected cost of $50,000.
Notice, however, no mention of the cost of the last special session in 2013, which was about pension reform, an issue the Tribune supported…
Quinn has called a special session of the legislature for June 19 to deal with pensions. The governor met Tuesday with House Republican leader Tom Cross and Senate GOP leader Christine Radogno, still searching for ideas. Quinn, at least, is keeping the conversation moving.
* And the same editorial page that demanded a special election to replace US Sen. Barack Obama after the 2008 election has now concocted a kinda weird “solution” to the Topinka replacement…
Rauner could defuse this by appointing a comptroller who agrees to resign in two years. He should encourage the legislature to put a referendum proposal on the 2016 ballot for a constitutional amendment to combine the offices of comptroller and treasurer. If voters approve that — we’re sure they would — then Rauner could extend the appointment of the comptroller for the time needed to shut down the office.
How is that any different than appointing someone to a four-year term?
Bizarre logic there, Tribsters.
* And speaking of 2008, remember this?…
IL GOP LEADERS CONTINUE TO URGE SPECIAL ELECTION
In a letter today, IL GOP leaders pled with Barack Obama, Harry Reid and Mitch McConnell to influence the U.S. Senate seat by filled by special election, a procedure the Illinois House and Senate would need to send to the Governor for his signature. The Governor said when appointing Roland Burris that he was in support of a special election. Democrats in neither the Democrat-controlled House nor Senate would allow the special election measure to be voted upon, despite both chambers being called into special session to discuss a special election two weeks ago.
The letter from Congressman Shimkus, House Minority Leader Tom Cross, Senate Minority Leader Christine Radogno, IL GOP Chairman Andy McKenna and IL GOP County Chairman Randy Pollard reads as follows:
* Look, as I’ve made clear, I think this special session is a waste of time because House Speaker Michael Madigan has said he wants Quinn and Rauner to work out a compromise. I’m also an agnostic on a special election. I can see both sides of this issue.
And I most certainly agree with this section of today’s Tribune editorial…
Quinn has been nothing but petulant since he lost his re-election. He stalled on conceding to Rauner. He slipped his campaign manager into a plum state job with a two-year term. He signed onto a questionable Lottery contract that locks in the new governor.
His Department of Transportation continues to pursue construction of the massively expensive Illiana Expressway, even though Rauner may opt to drop the project. Residents living along the expressway path received letters this week notifying them that appraisers will be at their homes during the holidays to set a price to buy them out.
But Quinn isn’t the only one being “petulant” here.
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GOP leaders respond to special election push
Thursday, Dec 18, 2014 - Posted by Rich Miller
* Statement from Senate Republican Leader Radogno and House Republican Leader Durkin…
“The Illinois Constitution requires the Governor-elect to appoint a new comptroller to a four-year term. A partisan and constitutionally-dubious eleventh hour law would face a certain legal challenge and force the people of Illinois to endure a protracted and legal battle that no one wants. The only Constitutionally responsible choice is to allow the Governor-elect to appoint a Comptroller to a four-year term.”
* And here’s their legal analysis…
The Illinois Supreme Court has held that “the State constitution is supreme within the realm of State law.” See People v. Gersch, 553 N.E.2d 281, 287 (Ill. 1990). In this case, Section 2 of Article V of the Illinois Constitution governs the terms of office and the timing of elections for state officers, including Comptroller. It speaks in clear and mandatory terms in two important respects. First, the “officers of the Executive Branch shall hold office for four years beginning on the second Monday of January… until their successors are qualified.” As the Attorney General indicated in her advisory opinion, that means that a vacancy will occur in the Comptroller’s Office for the term of office that runs from January 12, 2015 to January 14, 2019. Second, Section 2 also provides that the state officers, including the Comptroller, “shall be elected at the general election in 1978 and every four years thereafter.”
If the General Assembly were to pass a state law that creates a special election for the Comptroller in 2016, that law would violate the express terms of Section 2 in two ways. First, it would presumably create two two-year terms of office, despite the fact that Section 2 clearly provides only for a four-year term that runs until January 14, 2019. Second, it would provide for an election of a state officer outside of the schedule established by Section 2 requiring that the election of the Comptroller will be held every four years after 1978.
Section 7, Article V dealing with vacancies does not authorize the General Assembly to order a special election to fill a vacancy or replace a person who is appointed to fill a vacancy. Rather it says that the Governor “shall fill the office by appointment” and that person shall “hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law.” The phrase “as may be provided by law” modifies “qualified” and not the word “elected.” In fact, the only support that this language was intended to provide for a special election comes from statements of a delegate to the 1970 Constitutional convention. Those statements directly conflict with the clear language of Section 2, as noted above. When a conflict exists between the express language of the Constitution and any legislative history, the Illinois Supreme Court states that “the best indication of the intent of the drafters is the language which they voted to adopt.” See Coryn v. Moline, 374 N.E.2d 211, 213 (Ill. 1978). Where the adopted language is clear, as it is in Section 2, “it will be given effect without resort to other aids for construction,” including statements of individual delegates. See People ex rel. Baker v. Cowling, 607 N.E.2d 1251, 1253 (Ill. 1992). In this case, it is also important to note that the legislative history cited comes from the debate over Section 7, not Section 2 dealing with the term and timing of the election of state officers. Therefore, the direct conflict between the express language of Section 2 and the legislative history of Section 7 would likely be resolved by enforcing the clear terms of Section 2.
Our own review of the committee reports and verbatim transcripts from the Constitutional Convention show that the election schedule for constitutional officers established in Article V, Section 2 was deliberately intended by delegates to allow voters to concentrate their attention on the state election contests in those years, rather than risk that an informed debate of state issues would be overwhelmed by the sound and fury of a national presidential contest. Those intentions should not now be lightly set aside.
We do not contest the right of the General Assembly to seek a special election. That is within their authority and judgment to do so. In the case of a state officer, like the Comptroller, however, it would require a constitutional amendment that revises the clear and mandatory terms of Section 2. As for Governor-elect Rauner, his only authority under the Constitution, as currently constituted, is to appoint a person who will assume a four-year term on January 12, 2015.
* “The phrase ‘as may be provided by law’ modifies ‘qualified’ and not the word ‘elected’” seems like a huge stretch to me. If there was an “or” in there, I could see it, but not this way.
Your thoughts?
* Also, from Bruce Rauner’s office…
“There is a real likelihood that a statute mandating a special election would violate the Constitution and result in costly litigation and uncertainty for Illinois taxpayers. The only route to enact a special election for a statewide officeholder that is absolutely consistent with the Constitution is passing a constitutional amendment. Additionally, any major change like this should apply to all future vacancies and be carefully and thoughtfully discussed - not rushed through in a last minute special session that would look overtly political.”
…Adding… A commenter points out this section of the above legal analysis…
First, the “officers of the Executive Branch shall hold office for four years beginning on the second Monday of January… until their successors are qualified.”
They left out two very important words: “elected” and “election”…
These elected officers of the Executive Branch shall hold office for four years beginning on the second Monday of January after their election..
…Adding More… From commenter Norseman…
I read a little further on the committee report presentation on the relevant sections. GOP staff probably read it too, but don’t want to mention it. This seems cut and dried.
“We leave unaltered the existing constitutional language, in this and other sections, which in the past has served to support statutes calling for special elections when an appreciable time remains in an incompleted term.”
Explanation and Commentary on Section 8. Vacancies in Other Elective Office, 1970 — COMMITTEE PROPOSALS, Page 373
…And the final nail in the coffin… This is from the original Con-Con documents that Attorney General Lisa Madigan sent out the other day. Click here and check page 8…
In the 1870 Constitution the wording is “elected and qualified in such manner as may be provided by law.” (Article V, Section 19.) The Report of the Committee on the Executive indicates no intention to change the thrust of the original provision. (P. 37.) But if that is true, it seems essential to change “qualified as provided by law” to “elected and qualified as may be provided by law.” Then it is clear that the General Assembly (a) can do nothing, (b) can provide for special elections to fill the vacancies other than Lieutenant Governor, but (c) cannot provide any other method for filling vacancies.
Done.
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* 11:17 am - I’ve confirmed that the governor’s office has informed the Secretary of State that a special session proclamation will be filed at noon today.
Not sure yet, but I think we could be seeing a special election for comptroller and a minimum wage hike as topics. Likely date is January 8th.
* 11:26 am - I reached out to House Speaker Michael Madigan’s spokesman for comment. Regarding the comptroller issue, he had “Nothing new” to add. It’s “still an executive department matter,” he said, saying that Speaker Madigan remains “hopeful” the governor and governor-elect “can reach a sensible solution.”
* 12:05 pm - Press release…
Governor Pat Quinn today called legislators back to Springfield on Jan. 8, 2015, to consider legislation that would allow voters to fill the elected position of Illinois Comptroller. A special election will give voters the opportunity to choose their Comptroller in the next statewide election on Nov. 8, 2016. The primary election is scheduled for March 15, 2016. Governor Quinn issued the following statement:
“Judy Baar Topinka’s passing has not only left us heartbroken – the people of Illinois have been left without their elected representative in the Comptroller’s Office.
“Nobody but Judy Baar Topinka was elected to do this job. That’s why it’s so important that voters have the soonest possible opportunity to elect their Comptroller. Holding a special election is the right thing to do.
“Members of the legislature should set up a special election for 2016 so that voters can exercise their democratic right to decide who will serve as their Comptroller.”
The official proclamation is here.
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* From Fox 55…
But Downtown Springfield, Inc says over the last decade, almost 3,000 state jobs that were once in downtown Springfield have relocated with the majority moving to Cook County. “That’s a huge deficit to our area and it’s really been felt. It’s felt in morale of our city, it’s felt economically, the energy is different,” said Victoria Ringer of Downtown Springfield, Inc.
Now, Ringer says there’s 17,000 state employees in Cook County compared to 13,000 in Sangamon County.
“Property tax values have been affected, the sales tax of people not buying that greeting card, or that cup of coffee, or paying for parking or what have you. That’s a huge impact of those 2,600 bodies missing downtown,” Ringer said. […]
Springfield mayor Mike Houston says when he first served as mayor from 1979 through 1987, most agency directors lived in Springfield. “When you have agency directors right here in the community, they can have a very major, important impact on our future. And that’s what I’m really looking forward to having in the community again,” said Houston.
*** UPDATE *** The Governor’s Office of Management and Budget disputes the split between Cook and Sangamon and sent these numbers along which were painstakingly researched over several months…
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Shake this up, please
Thursday, Dec 18, 2014 - Posted by Rich Miller
* It’s been abundantly clear for some time now that the state’s grant programs need a complete rethink…
A federal jury Wednesday found a Chicago couple guilty on all counts in a state grant scam trial that featured testimony about power, money and sex and saw a high-profile ruling that one of President Barack Obama’s golfing buddies was a hostile witness.
The seven-man, five-woman jury deliberated for about five hours on the fate of Leon and Karin Dingle, who faced conspiracy, mail fraud and money laundering charges. Prosecutors contended that the Dingles helped themselves to $3.36 million in state grant funds that were supposed to fight AIDS, flu and cancer in minority communities and misrepresented or concealed where the money went.
During the trial, prosecutors sought to prove money went instead to underwrite luxury cars, a Marina Towers condo, a son’s mortgage, yacht club expenses, and maintenance of vacation homes in Hilton Head, S.C., and Savannah, Ga., two places the Dingles are putting up for sale. Prosecutors will seek to recover money at sentencing April 9. Most counts carry potential 20-year sentences.
Springfield-based U.S. Attorney James Lewis said a central Illinois task force investigation that so far has netted more than a dozen people on state grant abuse “goes on until we come to the end.”
Those millions would’ve been appreciated by groups that actually do great work. But too many grants are handed out to political cronies, and this is just one example of what results.
* More…
The Dingles and their co-defendants, who earlier pleaded guilty, stole what amounted to $2 of every $5 they received in grant funds form IDPH from 2004 to 2010, prosecutors said. The scheme involved $11 million of mostly no-bid, upfront-funded grants ostensibly doled out for AIDS- and cancer-awareness campaigns in minority and under-served communities. […]
The case against Dingle, a well-regarded and successful Chicago businessman, and his wife was part of a probe that had drawn four previous guilty pleas. Quinshaunta Golden, the former IDPH chief of staff who controlled the grants, pleaded guilty to bribery, mail fraud and making false statements. She conspired with former agency human resources director Roxanne Jackson to split ill-gotten gains; Jackson pleaded guilty to bribery and tax fraud. They await sentencing.
Lewis would not comment on further indictments in the IDPH case. He noted that Dr. Eric Whitaker, a close friend of Obama’s who served as IDPH director from 2003 to 2007, is not a target of the investigation. Whitaker made the list of government witnesses, and although never summoned, Bass repeatedly invoked his name to establish a landscape of access and influence Dingle allegedly cultivated to breed criminal activity.
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On “war zones” and “foreign invasion”
Thursday, Dec 18, 2014 - Posted by Rich Miller
* N’Digo Magazine publisher Hermene Hartman helped the Bruce Rauner campaign’s outreach to the African-American community. She discussed her work with Fox 32…
“His outreach was real, it was not phony, it was very real. I know, I was there, I did it, ok so it was very real, it was authentic. He learned a lot. He saw some things that I think he had not seen. He learned about the African American business community, he traveled our neighborhoods and saw what I call warzone areas,” said Hartman.
“That touched him, that bothered him and him being a businessman, he related to it and he saw solutions for it, that was a lot of our conversation,” said Hartman.
Hartman said Rauner saw things he hadn’t seen, “Like the war zones of our communities, lack of businesses.”
The mom n’ pop diner stops familiar among politicians seeking office were few and far in between once Rauner hit Illinois’ most impoverished communities.
“We don’t have a lot of restaurants for example. We don’t have, I call it the foreign invasion. Many of the African American communities, the businesses that we do have are foreign invaded, other people other than us run these businesses. A lot of fast food restaurants, a lot of liquor stores so there’s a lack of business, there’s a lack of enterprise. A lot of the crime that we have would go away if we had businesses there to hire people,” said Hartman.
Blaming “foreigners” for this problem is really odd. It’s not like they’re crowding out other potential business owners because there aren’t that many retail stores in the first place.
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Topinka memorial roundup
Thursday, Dec 18, 2014 - Posted by Rich Miller
* AP…
Late Comptroller Judy Baar Topinka was remembered Wednesday as a tough, honest leader with a signature sense of humor.
Crowds filled the Operating Engineers’ Local 150 headquarters in Countryside to pay respects. Individuals included the state’s top leaders, lawmakers, local leaders and Illinoisans who knew her for more than 70 years.
* Tribune…
Rauner noted the irony of appearing in a union hall after a campaign in which he vilified public employee unions by saying Topinka was observing from heaven and “chuckling about me standing in the Local 150 union hall.”
“We’ve got to remember a good life always ends too early. A good life always ends too soon,” said Rauner, who added, “Judy was all about working together and solving problems, and I loved her for it.”
Auditor General William Holland called Topinka “an undeniable, smashing success” who earned the “approbation of honest citizens.”
“There are many important people here today. Then there are the important people who are not here today. They are those who shook Judy’s hand at the State Fair, heard her speak at an ethnic festival or walked with her in a parade,” Holland said. “I have no doubt that today, throughout Illinois in bungalows, farmhouses and town houses, these people whose names are unknown to us here are grieving, just as we are for the loss of their good friend Judy.”
* Sun-Times…
“She was always known for telling the truth, a truth teller, and standing up for important issues no matter what her party might say. No matter the conventional wisdom of the day, Judy spoke from her heart,” Gov. Pat Quinn said during Topinka’s memorial at the International Union of Operating Engineers Local 150 headquarters in the western suburb of Countryside.
Gov.-elect Bruce Rauner, former Gov. Jim Thompson and Mayor Rahm Emanuel were among the political heavyweights who filled the union hall to capacity Wednesday. Topinka’s beloved Scottie dogs, Jack and Nora, also made an appearance.
“Judy led the ultimate life,” Rauner said. “She was a true public servant . . . She cared deeply for the families of Illinois. She worked her tail off to try to make a better life for all of us here.” […]
“We all feel a tremendous sense of loss because she filled every square inch of a room, every square inch of our hearts,” Kimme said. “She was hilarious. She was loyal to a fault sometimes, frustrating as all get out and simply the best person I’ve ever known. Rest well my friend. We love you.”
* Suburban Life Media…
Topinka was a frequent guest for Roe Conn and the Chicago radio show he hosted for years.
“She was a total truth screamer. … She warned us in 2006 about Rod Blagojevich. She was right,” Conn said.
Thompson offered a call to action.
“If we really respected [Topinka] … we could all take a vow to work just a little bit harder for the people of this state.”
* Herald News…
A serious and recurring theme throughout the ceremony was best said by former Gov. Jim Thompson, who spoke of Topinka’s ability to work with people of all walks of life, her commitment to making the state better for its residents and the necessity for all sides to work together to accomplish that goal.
Thompson called on those in attendance to find ways to compromise and work together to solve the lengthy list of issues before the state.
“So if we really respected our departed friend and really want to do something in her memory at this memorial, we could take a vow to work together … to move the people forward,” Thompson said. “Or, as Judy might say, ‘We got them here, lock the doors, order the pizzas, we’re gonna start now.’ ”
* ABC 7…
Praise came from both sides of the aisle. Several Illinois lawmakers, including Governor Pat Quinn, former Governor James Thompson and Governor-Elect Bruce Rauner, spoke at the memorial, which was held at IUOE Local 150, located at 6200 Joliet Road in Countryside.
“She’s probably chuckling a little bit to see me standing, talking in local 150 hall,” Gov.-Elect Rauiner said.
“She didn’t care whether it was a Republican sponsored bill or a Democratic-sponsored bill. If it had value to the people, she was there,” Secretary of State Jesse White, democrat, said.
“Partisanship has no place for her. She’s really just a good government person who likes to work with the people,” Former Il. Comptroller Dan Hynes, democrat, said.
“All of us have lost that middle voice that’s really lacking in this country,” Jim Sweeney, Operating Engineers Local #150, said.
I’d like to take this opportunity to thank Topinka’s staff and family for asking me to speak yesterday.
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Question of the day - Golden Horseshoe Awards
Thursday, Dec 18, 2014 - Posted by Rich Miller
* The 2014 Golden Horseshoe Award for Best “Do-Gooder” lobbyist goes to Jen Walling at the Illinois Environmental Council…
Smart, hardworking, personable, responsive. Very tough to lead such a diverse group of advocates in the same direction, but she does an amazing job time and time again. Open and creative, she is always assessing how to make improvements in her organization, build relationships across the aisle, and increase the leverage of the environmental community in Springfield. She has managed to strike the very difficult balance between passionate and practical advocacy…a big challenge but a very necessary step as the environmental advocates increase their influence in Springfield each year.
* The 2014 Golden Horseshoe Award for Best Congresscritter goes to Luis Gutierrez on the strength of this nomination…
As much as it pains me to nominate a person I disagree with on many issues, Luis Gutierrez is the rare Democratic Congressman who has made a real difference. On immigration, he’s probably been the major force who pushed the President to take action. Had the President listened to Luis a year ago, the results of the November elections may have been very different.
* OK, here are today’s categories, with last year’s winners in parentheses…
* Best Contract Lobbyist (Dave Sullivan)
* Best In-House Lobbyist (Todd Vandermyde and Rob Karr)
Please nominate in both categories and explain your votes or they won’t count. Thanks!
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Gonna be a light day here
Wednesday, Dec 17, 2014 - Posted by Rich Miller
* I’m speaking at Comptroller Judy Baar Topinka’s memorial service today. You can watch a live video feed by clicking here. The service begins at 9:30.
After that, I have to zip back downtown for my annual City Club speech. If you’re going to that, please don’t forget to bring a toy for Lutheran Social Service of Illinois’ children programs.
In other words, don’t expect many more posts today.
Discuss amongst yourselves.
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No details except for a new hole
Wednesday, Dec 17, 2014 - Posted by Rich Miller
* If you thought that Bruce Rauner would use a budget confab to discuss any of his plans, you were silly…
| Illinoisans eager to find out how their next governor will attack the state’s budget problems are in for a wait.
Republican Gov.-elect Bruce Rauner said Tuesday he has no plans to provide details about his proposed financial fix until after he is sworn in on Jan. 12.
It could be an even longer wait after that. His first budget address of his four-year-term as chief executive isn’t scheduled until Feb. 18.
That leaves issues like the Jan. 1 rollback of the temporary income tax increase and a need by various state agencies for an additional $760 million in limbo.
“We’re not discussing any recommendations we’re making,” Rauner told reporters after a speaking engagement in the capital city.
* But he did say that he found another hole…
He said that state agencies plan to submit at least $760 million in supplemental budget requests just to get them through the current fiscal year that ends June 30.
“Some of the department heads tell us they were told to submit a low budget figure, spend what they wanted and that it would be dealt with after the election,” he said, calling that approach “fundamentally dishonest.”
“I can’t find a really balanced budget as I look back over the years in Illinois,” he said. “If they are spending more than they have budgeted, that will result in more unpaid bills. We’re over $5 billion now and climbing.”
* More…
“That means they want to spend a lot more than budget. And what we’ve learned is these department heads were told to submit some low number in the budget, the budget doesn’t really mean anything, put in a low number, spend how you want to spend don’t worry about your budget and then we’ll deal with it after the election. Come on, for 760 million dollars,” said Rauner.
* But this is probably a better explanation…
The Winnetka businessman said agencies have been spending faster than they should instead of making their budgets last a full year.
“This is just them saying, ‘We’ve been spending at a much higher rate than what we put in our budget, the original budget, and now we want more money,’” Rauner said.
He said he’ll be willing to take the heat for short-term troubles but didn’t detail whether he’d deny agencies’ requests for more money.
“Real big change always causes anxiety,” Rauner said. “There’s going to be a lot of pushback on it, but that’s OK.”
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Frerichs to Simon: No thanks
Wednesday, Dec 17, 2014 - Posted by Rich Miller
* We talked yesterday about Sheila Simon’s suggestion that Treasurer-elect Mike Frerichs be appointed to the vacant comptroller’s job as well. Frerichs isn’t interested…
A spokesman for Frerichs said, however, that although the treasurer-elect favors merging the offices he doesn’t favor the “informal consolidation,” and would not accept what he called “a dual appointment.”
“On Wednesday, Illinoisans will come together to celebrate the life of Judy Baar Topinka. We are all united today in mourning the loss of a great leader and friend,” said spokesman Dave Clarkin.
“Serious discussions will begin Thursday on the best path forward to reunite the operations of the two offices. Treasurer-elect Frerichs supports reuniting the offices and hopes to be a part of those discussions at the appropriate time. Although many have made the suggestion, Frerichs is not seeking, nor would he accept, a dual appointment to both constitutional offices.”
For Simon to have penned that op-ed without first consulting with Frerichs was just plain silly. She needlessly put him in an uncomfortable spot and dragged him into a debate where he didn’t belong.
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* Tribune…
A federal bankruptcy judge said Tuesday afternoon that Gov.-elect Bruce Rauner’s former investment firm won’t be held responsible for a fraudulent scheme to avoid liability in costly nursing home death lawsuits. […]
The judge found that those partners, headed by New York businessmen Murray Forman and Leonard Grunstein, were responsible for a ruse to hide the assets after the 2006 purchase of nursing home assets from the GTCR-controlled company. […]
[Judge Michael G. Williamson] called GTCR’s investment in the nursing home business “a financial disaster” triggered by misstated earnings that made the business vulnerable to its creditors and landlords starting in 2002. […]
Williamson said he believed [GTCR’s front man in the nursing home business, former principal Edgar D. Jannotta’s] contention that was “duped” by Forman and Grunstein, and said Jannotta had no way of understanding the circumstances around the New York investors’ move to place the liability-ridden subsidiary of the company under the ownership of an elderly graphic artist who had no knowledge of the company.
Wow.
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Question of the day - Golden Horseshoe Awards
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* The 2014 Golden Horseshoe Award for Best Republican Illinois State Senator goes to Matt Murphy. Oswego Willy’s nomination stood out…
In a Caucus that finds itself at times an echo chamber for thenselves to be in agreement with each other, what’s needed to break out of that cycle is someone who is willing to lead and make the case beyond talking points and at times frustration or anger.
Sen. Matt Murphy has consistently been a rational voice in a Minority Caucus that at times seemed pleased to be seen as the “Caucus of No”. Sometimes the way you present your thoughts is even more important than the points you’re making.
Sen. Murphy also understands what his district expects from him and balances his responsibility to his district and the state as well as anyone, and that shows someone who clearly understands who they are and how to serve the people.
I nominate Sen. Matt Murphy in hopes that his thoughtful ways will lead to the Caucus understanding that being for “No” after January won’t be a leadership trait, but working to make the case for what can be done will be embraced more outside the echo chamber.
* The 2014 Golden Horseshoe Award for Best Republican Illinois State Representative goes to Mike Bost…
Representative Mike Bost leaves the Illinois House of Representatives with a legacy of candor and being a tireless advocate for downstate Illinois. The Republican House leadership has a big void to fill.
During this legislative session, he was among a group of only 15 Republican House members who voted “yes” for important legislation that extended the hospital Medicaid Assessment Program and increased Medicaid funding for nursing homes. Although not popular subjects in the Republican Caucus, Representative Bost cast his vote for what he described as “the right thing to do for my district.”
His victory in Congress was achieved in a district that had repeatedly sent a Democrat to Washington, D.C. Bost out - worked the incumbent Democrat and was rewarded with the victory. Congress is gaining an experienced legislator who will not forget from where he came!
Both are well-deserved recipients.
* OK, on to today’s categories, with last year’s winners in parentheses…
* Best Illinois Congresscritter (Mike Quigley)
* Best “Do-Gooder” Lobbyist (Khadine Bennett)
Yes, these are disparate categories. Sorry about that, but we’re running out of time. Please do your best to nominate in both categories and explain your nominations or they won’t count.
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Everybody just needs to calm down
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Mark Brown…
Ever since the November election, Quinn has seemed either determined to embarrass the people who voted for him — or indifferent when he does so — beginning with his Election Night refusal to concede defeat.
He followed that up with the wrong-headed decision to allow his appointees on the Illinois Sports Facilities Authority to hire his campaign manager for the lucrative job of executive director.
Now, we have him flirting with the idea he has the power to appoint a constitutional officer who could continue to serve until the next election — up to four years into the future. […]
Rauner, for his part, ought to take this opportunity to show he’s going to be the kind of politician he claimed during the campaign by embracing the call for an election that would limit the term of the person he appoints. […]
If this ends up in a court fight at this stage, it’s Quinn’s fault, plain and simple. If Rauner gets in the way of a special election, that’s on him.
While I’m kind of an agnostic on whether we should hold a special election in 2016 (when the Democrats will have a much better shot at picking up that office), I can’t disagree with the rest of Mark’s column.
If Quinn makes this power play, contrary to the attorney general’s constitution opinion, it’ll be yet another stain on his already tarnished legacy. He has two choices here: 1) go out as a statesman or 2) go out as a partisan hack.
* As far as I can see the only politician showing true class in this whole saga has been Speaker Madigan. He has maintained a respectful silence throughout, except to encourage Quinn and Rauner to work things out.
The attorney general has also proved her worth by siding against her own party’s governor because she believes her interpretation of the law and the Constitution are far more important.
Rauner has attempted to interfere with Quinn’s rightful, temporary choice (although I do like Rauner’s suggestion). He has claimed that a special election would be unconstitutional when it clearly is not. Senate President Cullerton has once again rushed to the sound of the guns and flip-flopped along the way.
* And just when I thought I’d seen it all, Sheila Simon attempted to be relevant again with a Tribune op-ed…
Illinois needs a comptroller, and the opportunity to appoint one is an opportunity to consolidate two state offices. With the sudden death last week of Illinois Comptroller Judy Baar Topinka, I recommend that Gov. Pat Quinn and Gov.-elect Bruce Rauner agree to appoint Treasurer-elect Mike Frerichs to serve also as comptroller.
In the races for comptroller and treasurer this year, one of the issues frequently discussed was combining the offices. There was agreement among the candidates, across party lines, that functions of the two offices could be shared.
Most candidates favored a constitutional amendment to achieve the consolidation. I recognized that there was not support in the Illinois House to get this done, so I proposed a speedier way — sharing functions of the two offices through intergovernmental agreement.
Right now our state has the chance to take a shortcut to combining the offices, by having one person serve in both positions.
I’ve heard this suggestion numerous times. And just about every time, I’ve checked in with the Frerichs folks. They have maintained all along that they definitely do not want to get dragged into this mess, but they haven’t yet officially responded to a request for comment about Simon’s op-ed.
Either way, just as Rauner should refrain from telling Quinn whom to appoint, Simon ought to stay out of Rauner’s choice - especially since Frerichs has admirably steered completely clear of this whole mess.
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*** UPDATED x1 *** Eavesdropping concerns
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Matt Dietrich…
A new version of the 50-year-old Illinois eavesdropping law arrived yesterday on Gov. Pat Quinn’s desk. If signed, it will let Illinois citizens record the actions of law enforcement officers on duty.
For the sake of the many social media conspiracy theorists who have spent the last several days madly posting otherwise, I will repeat: If Gov. Quinn signs this bill into law, you will be able legally to videotape police officers on duty and working in public.
I’m not sure how this caught fire and spread so quickly on Facebook and Twitter, because the whole point of the eavesdropping law revision was to remove language that made it a felony for any citizen to record a law enforcement officer on duty. It was that portion of the eavesdropping law that made it both unconstitutional and absurdly antiquated.
* The bill’s sponsor, Sen. Kwame Raoul, wrote this in the Sun-Times…
Under this proposed law, the public maintains the right to record police because police have no reasonable expectation of privacy while doing their job in public.
The problem with these explanations is the phrase “in public.” I asked the House sponsor of this bill after it passed whether citizens could record police officers while in their own home. That’s not exactly “public.” The sponsor said that situation could be a problem.
* So, I agree with the Illinois Policy Institute on this particular issue…
Under the new bill, a citizen could rarely be sure whether recording any given conversation without permission is legal. The bill would make it a felony to surreptitiously record any “private conversation,” which it defines as any “oral communication between 2 or more persons,” where at least one person involved had a “reasonable expectation” of privacy.
When does the person you’re talking to have a reasonable expectation of privacy? The bill doesn’t say. And that’s not something an ordinary person can be expected to figure out.
A law must be clear enough for citizens to know in advance whether a particular action is a crime. This bill doesn’t meet that standard, which should be reason enough for a court to strike it down if it becomes law.
* Also, Mark Wilson at FindLaw…
Illinois’ new law probably isn’t as bad as the critics claim, but its emphasis on “reasonable expectations of privacy” does mean that there will likely be disputes about enforcement, with police and citizens disagreeing over whether a conversation is private or public.
*** UPDATE *** From Ed Yohnka at the ACLU…
The eavesdropping bill on the Illinois Governor’s desk prohibits the recording of *private* conversations absent all-party consent or a warrant. It defines *private* to mean when a person intends the conversation to be private under circumstances that reasonably justify that expectation. Thus, there will be a statutory limit on recording private conversations, and no limit at all on recording non-private conversations.
When is a conversation private? That term in the Illinois statute is the same or nearly the same as similar terms in the federal eavesdropping statute and scores of state eavesdropping statutes that have been on the books for many decades. A host of judicial decisions, interpreting these statues and also the Fourth Amendment, have addressed whether people have a reasonable expectation of privacy in a variety of conversations involving a variety of circumstances. If the Illinois Governor signs the bill on his desk, the new statute’s line (was the conversation private?) will be interpreted in light of this well-developed body of judicial precedent.
When do police have a reasonable expectation of privacy? Police clearly do not have a reasonable expectation of privacy against recording by civilians when they are on-duty in a public places and speaking at an ordinary volume. This was a holding of *ACLU v. Alvarez*, which protected the First Amendment right of civilians to audio record such non-private police conversations. But this is just one of the many circumstances in which police do not have a reasonable expectation of privacy. On-duty police generally will have no reasonable expectation of privacy when they speak to civilians, including in many non-public places. For example, police cannot reasonably expect to be free from audio recording by a home owner when they enter a private home to enforce a warrant, or by a suspect being interrogated inside a stationhouse interrogation room. *ACLU v. Alvarez* is just one of the many judicial decisions finding that on-duty police lacked a reasonable expectation of privacy against recording by the civilians they speak with. On the other hand, two off-duty police officers might have a reasonable expectation of privacy when they speak together in a squad car with the windows up and no one else present, or whisper to each other in a deserted public park. Whether the location of the conversation is public or private is one relevant factor among many in deciding whether there was a reasonable expectation of privacy.
When do other government employees have a reasonable expectation of privacy? In light of the case law, on-duty government officials who knowingly speak with members of the public as part of the performance of their government jobs will generally not have a reasonable expectation of privacy against civilian recording of those conversations.
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The power of Joe
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* During the last week of veto session, famed trial lawyer Joe Power (the guy who did more to bring down George Ryan than almost anyone else) showed up in Springfield to testify in favor of a bill that he said was his idea. Power’s bill would cut the number of jurors in civil trials by half and raise their pay. The legislation was said to be cost-neutral and flew out of both chambers over GOP objections.
But it’s not cost neutral…
It would triple the amount Cook County spends on jury pay, from the $3.1 million budgeted in 2015 to $9.5 million. Lake County taxpayers would have to come up with another $500,000. Will County would have to find $300,000.
* And the Tribune expects something else is at work here…
Smaller juries require smaller jury pools, so fewer citizens get those pesky summonses. Six-member juries can be seated more quickly, and their deliberations are shorter. They reach consensus more easily and deadlock less often. They’re more efficient, in other words. But there’s a trade-off.
Larger juries are more diverse, which means they’re more likely to reflect the views of the broader community. The quality of their deliberations is higher — they have better collective recall of the testimony, and the debate is more rigorous. With more voices, it’s less likely that a single juror will dominate the discussion and more likely that a dissenting juror will have an ally.
Most tellingly, larger groups have a moderating effect on the size of jury awards. […]
Given the choice, plaintiffs’ attorneys usually opt for six jurors; attorneys who defend against those lawsuits want 12.
There are times when major legislation needs to be passed in a hurry. This was not one of those times. The Democrats did this as a favor to the trial lawyers because they knew Bruce Rauner wouldn’t back the idea.
* Related…
* Madison County, Illinois named one of the nation’s five worst “judicial hellholes”
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*** UPDATED x1 *** Rauner to speak on budget
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Oh, this ought to be rich…
Gov.-elect Bruce Rauner plans to speak about the state budget at a Better Government Association event.
Rauner is scheduled to make the remarks today during a luncheon in Springfield.
The event starts at 11:30 at the Sangamo Club. Rauner hasn’t said much about the budget beyond how it’s worse than anybody thought. And the BGA’s Andy Shaw isn’t exactly known for his state budget acumen. But one of the members of Shaw’s “Springfield advisory council” is Mike Lawrence, who has plenty of experience on the issue. Hopefully, Mike will be able to get a word in edgewise.
* You can watch live coverage of the event via BlueRoomStream, by clicking here. I’ll get a ScribbleLive thingy up and running as well, so check back here.
…Adding… You can also listen live on WMAY and online at the station’s website. Also, BlueRoomStream says there’s poor Internet access at the Sangamo, so it can’t stream the event live.
*** UPDATE *** Yikes. I’m late to the party. Here’s your feed…
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Rauner has pricey VIP inauguration packages
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* AP…
Gov.-elect Bruce Rauner’s inaugural festivities will include a dinner at the Capitol, a concert at the Prairie Capital Convention Center and a free event at the Abraham Lincoln Presidential Library and Museum.
The Winnetka Republican launched a website Monday with a schedule for the 2015 inauguration.
Rauner takes the oath of office during a ceremony Jan. 12. Rather than the traditional inaugural ball that evening, he’s planning a concert with a yet-to-be-named “famous musical act” at the PCCC.
Concert tickets are $125. Tickets for an inaugural dinner and reception are $1,000 per person.
Other events are free. They include admission to the museum on Jan. 11 and an open house with Rauner and other elected officials at the Old State Capitol on Jan. 12.
The website is here.
* I told subscribers almost two weeks ago about some expensive “VIP” packages that the Tribune reports aren’t advertised on Rauner’s new website…
Illinois Gov.-elect Bruce Rauner has announced the first details of next month’s inaugural festivities, including an offer of lead sponsorships at $25,000 and dinner at $1,000 per person.[…]
The not-for-profit inaugural committee formed for the event has listed a range of sponsorships providing special VIP seating to various events with levels ranging from $2,500 to $25,000.
Sponsorships of $10,000 and $25,000 offer tickets to a “private after party” following the Sunday dinner and to a special post-inaugural governor reception and dinner the following day. Those events were not listed at the inaugural committee’s event and ticket website, illinoisinauguration.com. […]
Among those named as honorary co-chairs for the inaugural event was David MacNeil, the founder and CEO of Bolingbrook-based MacNeil Automotive Products Ltd., which manufactures WeatherTech car mats. MacNeil gave $218,750 to Rauner’s campaign, state records show.
…Adding… The headline for this post was changed after a commenter pointed out that if you look beyond the inauguration schedule page, and click the “menu” button in the upper right-hand corner, you will see the list of “sponsorship” opportunities…
Inaugural Lead Sponsor $25,000
Included Benefits:
• 1 Table (8 tickets) to Official Inaugural Dinner on Sunday, January 11th with VIP seating
• 4 Tickets to Private after Party on Sunday, January 11th
• 4 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 4 Tickets to Governor Reception & Dinner on Monday, January 12th
• 4 Tickets to Inaugural Concert on Monday, January 12th
• Listed as Lead Sponsor on signage at Inaugural Events, in Inaugural Program, on other printed materials and website
Inaugural Supporting Sponsor $10,000
Included Benefits:
• 4 tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Private after Party on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Governor Reception & Dinner on Monday, January 12th
• 2 Tickets to Inaugural Concert on Monday, January 12th
• Official Recognition in Inaugural Program
Inaugural Sponsor $5,000
Included Benefits:
• 4 Tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Inaugural Concert on Monday, January 12th
Capitol Sponsor $2,500
Included Benefits:
• 2 Tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Inaugural Concert on Monday, January 12th
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