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Friday, Dec 12, 2014 - Posted by Rich Miller

* Today would’ve been Frank Sinatra’s 99th birthday. In my opinion, this is his greatest song

Like painted kites, those days and nights
They went flyin’ by

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More appointment drama

Friday, Dec 12, 2014 - Posted by Rich Miller

* Bruce Rauner’s lawyers sat down with Gov. Pat Quinn’s lawyers the other day

Rauner’s attorneys met with the general counsel of the governor’s office and an ethics officer. According to a Rauner spokesman, they made three points, including asking that Quinn appoint Topinka top aide Nancy Kimme for the term expiring January 12.

Rauner attorneys also “made comprehensive legal analysis of our position, which is that there are two vacancies and Bruce can fill the second,” spokesman Mike Schrimpf wrote. “Asked if they had any conflicting legal authority to point to, they were unable to do so.”

Actually, what I heard from both sides was that the Quinn lawyers merely listened to the reasoning, thanked them for providing it and departed.

Everybody just needs to chill out a bit here.

* Meanwhile

Lame-duck Illinois governors would be prohibited from duplicating the political power play that Pat Quinn used to muscle his former campaign manager into the job of executive director of the Illinois Sports Facilities Authority, under a crackdown proposed Thursday.

State Sen. Julie Morrison, a freshman who represents the north suburbs, was so offended by the 4-to-3 vote that installed 30-year-old Lou Bertuca in the $160,000-a-year job, she wants to do the legislative equivalent of blocking the plate.

“The executive director of the Illinois Sports Finance Authority is among the highest-paid state employees. A governor who’s leaving office shouldn’t be able to use the position as a cushy landing spot,” Morrison was quoted as saying in a news release.

Morrison’s bill would prohibit the state agency that built and manages U.S. Cellular Field and rebuilt Soldier Field from appointing a new executive director during the 60-day period after an election and before a lame-duck governor leaves office.

As I said yesterday, Quinn has unintentionally framed this Topinka replacement debate by pulling that power play at the Sports Facilities Authority. Lou’s a good guy, but, c’mon, man. When Tier One targets from your own party start introducing press release bills to clean up after your messes, you can be pretty sure you’re on the wrong track.

* It’s difficult to argue with this Tribune editorial...

If the old Pat Quinn were around, he would be booking a hotel conference room for a Sunday morning press conference to scream about the shenanigans of a lame-duck governor.

That Quinn would roast the lame-duck governor for sliding his former campaign manager into a $175,000-a-year job with a two-year contract. That Quinn would complain about the lame-duck governor cutting a questionable Lottery contract settlement on his way out the door.

If only that Pat Quinn were around to raise hell.

Instead, it’s Gov. Pat Quinn whose administration is behaving like its plucking all the B and R keys off the computer keyboards right before Bruce Rauner moves into the mansion in Springfield.

  33 Comments      


Sebastian’s restaurant to close December 20th

Friday, Dec 12, 2014 - Posted by Rich Miller

* I was just at lunch with an old pal at the Lake Pointe Grill when one of the owners approached and said they were closing their popular downtown restaurant Sebastian’s on the 20th of this month.

Bummer. I liked the place. It won our Golden Horseshoe Award last year.

Maybe we should toast its demise Friday the 19th after work? Maybe our own little Springfield holiday party? Your thoughts?

  29 Comments      


Today’s number: $400K

Friday, Dec 12, 2014 - Posted by Rich Miller

* If anyone still has doubts about whether US Sen. Mark Kirk is running for reelection, they should take a look at this from his campaign…

Rich-

I wanted to let you know first that Senator Kirk held a record setting fundraiser this week with pro–Israel supporters in NYC that raised over $400k in a single event. He will have over $2mill cash on hand now.

The event invitation is here. It was hosted by some pretty major heavy hitters, including the Managing Director of Goldman Sachs, the Managing Partner at Clarion Capital, etc.

  48 Comments      


Caption contest!

Friday, Dec 12, 2014 - Posted by Rich Miller

* Let’s lighten things up a bit. The Illinois Third House is a sort of trade organization for Illinois lobbyists. They elect a “Speaker” every year, complete with gavel. The group held its annual holiday party yesterday and announced the new Speaker, Keith Sias of the Illinois Credit Union League. I’ve known Keith forever and have always been amazed at how much he works.

Anyway, here’s Keith with the longest serving Speaker of the Third House, Dick Lockhart. Dick also lobbies for the ICUL. Lockhart is flying to Belgium today to celebrate the 70th anniversary of the Battle of the Bulge, during which he was taken prisoner by the Germans…

  23 Comments      


Question of the day

Friday, Dec 12, 2014 - Posted by Rich Miller

* Tribune

Democratic Gov. Pat Quinn can fill the vacancy created by Topinka’s death. But Quinn leaves office in a month, and Republican Bruce Rauner will take over as governor. The question: Would a Quinn appointee serve as comptroller only until Jan. 12, when a new term begins and Rauner would get to choose a comptroller, or would Quinn’s selection get to serve the new term as well?

The state constitution speaks to the succession for comptroller in a couple of places. The succession clause states that “the appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified.”

But another section limits the terms of statewide officeholders to four years “until their successors are qualified.” […]

Ann Lousin, an expert on the state constitution at Chicago’s John Marshall Law School, said neither the charter nor state law lays out a clear contingency for replacing Topinka so close to the start of her next term.

“The scenario that would be the least likely to lead to litigation would be for Quinn to appoint someone to serve just to Jan. 12, or even just let Topinka’s deputy fill the post until then, and then let Rauner appoint somebody for four years on Jan. 12,” Lousin said.

* The Constitution

If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor.

* The difference of opinion here is whether there is one vacancy (JBT’s death) or two (JBT’s death and inauguration day). One vacancy means Quinn’s appointment would serve until January of 2019, two vacancies would mean Rauner would appoint a new comptroller next month.

We’ve had lots of discussions about this issue, so let’s vote on it.

* The Question: One vacancy or two? Take the poll and then explain your answer in comments, please.


polls

  165 Comments      


Smart grid law rate hikes to total $382 million

Friday, Dec 12, 2014 - Posted by Rich Miller

* AP

The Illinois Commerce Commission has approved rate increases for the state’s two main electric utilities.

The commission this week authorized an 11 percent overall raise for ComEd and 17.4 percent overall raise for Ameren Illinois… The amount customers will pay depends on different factors, including their location and how much electricity they use, commission officials said. The increases will affect delivery charges or how much consumers pay to have electricity delivered. […]

The commission approved the increases after reviewing the utilities’ expenditures over the last year, officials said. The new rates were set using a formula created by a state law that allows utilities to recover costs for specific investments in infrastructure, such as smart meter and smart grid technology.

* The Citizens Utility Board, which is in general support of the smart grid, was shocked at the amount…

“Today, ComEd and Ameren received a total of about $382 million in rate hikes (reportedly $245 million for ComEd and about $137 million for Ameren). CUB is disappointed in these increases, especially as they will hit consumers in the heart of what could be another expensive winter. Illinois’ new way of setting electric rates—by formula—limits how much consumer advocates and regulators can reduce proposed increases. CUB does plan to file petitions for rehearing to lower the increases as much as possible. However, our focus is also on holding ComEd and Ameren accountable and pushing them to live up to their promise of building a better power grid that maximizes consumer benefits. Illinois consumers deserve to see results.”

Background:

    • These rate hikes take effect in January 2015. CUB is still crunching numbers to determine how this will impact individual bills. The increases affect delivery charges—what customers pay to have the electricity delivered to their homes. Those charges take up about a third to a half of the bill. The rest of the bill is taken up by the cost of the electricity itself. That supply rate is determined through a power-buying process managed by the Illinois Power Agency (IPA), a state agency, or by an alternative supplier, if a customer is with one.

    • Since this increase involves delivery rates, all customers will pay the higher rates—even those with an alternative supplier.

    • The delivery increases are in accordance with passage of the 2011 “Energy Infrastructure and Modernization Act,” or the “smart-grid bill.” The new law uses a formula to determine ComEd and Ameren rates annually for the next several years to pay for about $3.2 billion in system upgrades.

    • ComEd’s initial rate-hike request was about $275 million and Ameren’s was about $206 million. Both companies filed the requests last April.

  12 Comments      


Topinka memorial service announced

Friday, Dec 12, 2014 - Posted by Rich Miller

* From a press release…

A public Memorial Service honoring longtime state leader Judy Baar Topinka will be held at 9:30 a.m. on Wednesday, December 17 at the Local 150, 6200 Joliet Rd., Countryside.

Fellow state leaders, colleagues and family will share stories and celebrate the life of Comptroller Topinka, who was the first woman in Illinois history to be elected to two Constitutional Offices and the first state Treasurer to be elected to three consecutive terms. Between her time in the General Assembly and in statewide office, Topinka served Illinois for more than three decades.

SCHEDULE FOR WEDNESDAY, DECEMBER 17, 2014:

    WHAT: TOPINKA MEMORIAL SERVICE
    WHEN: 9:30 a.m.
    WHERE: Local 150 - 6200 Joliet Rd., Countryside

* I stopped by JBT’s annual staff holiday party in Springfield last night. As you might imagine, her people are devastated. I felt so bad for them, but they tried like heck to smile through their tears because they knew their boss would’ve wanted it that way.

Judy’s only son Joe also attended and continued his mom’s tradition of visiting with every person at every table in the room.

I’ve defended Gov. Pat Quinn’s unfettered right to appoint Topinka’s replacement, at least until January 12th. Beyond that, the lawyers are gonna have to figure it out. But I sure hope he takes Topinka’s staff into account when he makes his decision. Many of them volunteered for their employer’s campaign. They worked their tails off, decisively won the election and now they’re staring at the abyss.

* Meanwhile

The clock is ticking as state leaders face a dilemma in how to replace Illinois Comptroller Judy Baar Topinka in her current and future terms. […]

Comptroller’s office spokesman Brad Hahn says the office is still processing checks to schools and state agencies that the Riverside Republican approved before her death. But he says operations can continue only for “several” days. A new comptroller must be named to approve future payments.

As I told subscribers today, I was told last night that an appointment could be held off until after Wednesday’s memorial service. There’s no need to rush here.

  9 Comments      


Protected: SUBSCRIBERS ONLY - Supplement to today’s edition: Crosstabs

Friday, Dec 12, 2014 - Posted by Rich Miller

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Friday, Dec 12, 2014 - Posted by Rich Miller

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Good morning!

Friday, Dec 12, 2014 - Posted by Rich Miller

* You’re in for a real treat this morning with Keller & The Keels. Wake up

I like your biscuits in my gravy, ma’am

  9 Comments      


Rauner announces general counsel, DC director

Thursday, Dec 11, 2014 - Posted by Rich Miller

* From a press release…

Governor-elect Bruce Rauner announced today that Jason Barclay will join the administration as general counsel while Kathy Lydon will serve as its D.C. director.

“Jason and Kathy will both bring invaluable experience and expertise to the governor’s office,” Gov.-elect Rauner said. “Jason has a top flight legal and strategic mind and brings a deep understanding of how one the country’s most successful governor’s offices operated. Kathy already has relationships with our Congressional delegation and knows how to navigate the federal government as well as anyone in Illinois. Most importantly, both are committed to transforming Illinois and making it the most compassionate and competitive state in the nation.”

About Jason Barclay

Jason Barclay is currently a partner at the law firm Barnes & Thornburg where he focuses on some of the firm’s most challenging litigation cases and is widely regarded as one of Indiana’s top trial attorneys. Prior to joining the firm, Jason served as legal counsel in the office of Indiana Governor Mitch Daniels. In state government, Jason had a particularly sharp focus on public ethics, helping guide one of the nation’s most comprehensive and highly regarded integrity and compliance programs. He also played a key role in executing the legal strategies necessary to implement Governor Daniels’ agenda.

Jason earned his undergraduate degree from Duke University and his juris doctorate from the University of Virginia School of Law. He and his wife, Sarah, are the proud parents of three children, Annie, Will and Beau.

About Kathy Lydon

Kathy Lydon most recently served as chief of staff to U.S. Representative Judy Biggert, a position she held for 14 years. As chief of staff, Kathy oversaw all aspects of Rep. Biggert’s office, including legislative and policy initiatives. Kathy has also served in the office of the U.S. Trade Representative, U.S. State Department and for U.S. Senator Charles H. Percy.

Kathy graduated from Georgetown University and earned an M.B.A from the University of Chicago.

  25 Comments      


Madigan: Work it out amongst yourselves

Thursday, Dec 11, 2014 - Posted by Rich Miller

* Speaker Madigan’s spokesman Steve Brown just called to say that he spoke with the Speaker today and Madigan believes the debate over the successor for the late Judy Baar Topinka is “an executive department” decision. Madigan, Brown said, hopes that Gov. Quinn and Gov.-elect Rauner can cooperate on a solution.

Asked if that meant Madigan wanted no part of a special session to enact other possible solutions, like a special election, Brown eventually said the Speaker didn’t currently see a legislative role here.

  68 Comments      


Question of the day

Thursday, Dec 11, 2014 - Posted by Rich Miller

* JBT and RRB…

* The Question: Caption?

  59 Comments      


Today’s number: $5.3 million

Thursday, Dec 11, 2014 - Posted by Rich Miller

* Greg Hinz

In a blow to the local economy, a technology center that was supposed to come to the Chicago area with Archer Daniels Midland’s headquarters instead has gone to suburban Cincinnati, at least in part because the company received economic incentives there it couldn’t get here.

In a statement, ADM said its new information technology and support center will open next year in Erlanger, Ky., just over the Ohio river from Cincinnati, with about 100 newly created jobs, eventually doubling to 200.

A company spokeswoman confirmed that the tech center is the same operation that the company originally intended to open here in conjunction with moving its headquarters from Decatur to downtown Chicago. But company efforts to get a state subsidy of more than $24 million ran into a roadblock in Springfield, and the firm ended up moving only about 65 to 70 headquarters positions here, putting the tech center on hold.

The Kentucky incentives are valued at up to $5.3 million, ADM said.

  53 Comments      


Was this really necessary?

Thursday, Dec 11, 2014 - Posted by Rich Miller

* Marcel Pacatte spews bile in Crain’s

But [Judy Baar Topinka] also was a disaster to the state party she ran at perhaps its most critical moment, in the aftermath of George Ryan. What he wrecked, she smothered. She was not to blame for the mess—she didn’t give us the Jim Ryans or the Jack Ryans or the Rich Williamsons. But she was hapless at a time when the party needed vision and direction. Instead, she gave us the laughingstock candidacy of Alan Keyes in the U.S. Senate race won by a guy named Barack Obama.

And in her own race for governor, while she may have spoken for many when she famously dismissed her primary opponents as morons, there she was, a clown, in a relentless polka across television screens with felon George Ryan in her race against a guy under federal investigation during the campaign, Rod Blagojevich.

Perhaps her most unfortunate moment was when she tried, as state treasurer, to get the state to forgive $30 million in loans to Bill Cellini, which Attorney General Jim Ryan blocked as a bad deal for the taxpayers but which Topinka defended as better than nothing.

1) Topinka didn’t “give” us Alan Keyes. She fought tooth and nail against that idiotic appointment. She had her own candidate, an African-American woman, but Sen. Dave Syverson pushed hard for Keyes and “won” that battle.

2) She was “a clown”? What a needlessly gratuitous shot.

3) When the dust finally settled on the hotel deal, Topinka rightly pointed out that if her deal had been allowed to go through the state would’ve made more money.

I don’t ever recall meeting Pacatte, even though he claims he “covered Judy Baar Topinka in Springfield.” That doesn’t mean he’s lying, it’s just that he wasn’t someone of any particular significance.

* His conclusion

Those lionizing her or making more of her than she was would do well to remember that. For her part, she likely would meet the exaggerated praise with a healthy eye roll and a cutting and self-deprecating aside, and then gracelessly ask the governor to pull some strings to get her son a job at Southern.

Another needlessly gratuitous shot at a woman who’s barely been dead for two days.

* However, I do agree that she’d be rolling her eyes at the exaggerated praise. She was indeed a self-deprecating politician.

Those who praise her bipartisanship are absolutely right to do so, but she also considered herself to be a Republican through and through. Yeah, she was pro-union, pro-choice, pro gay marriage and favored a minimum wage increase, but she backed Bruce Rauner for governor and worked closely with him after the election ended.

She was a very kind, sweet and considerate human, but she could also be tough and even ruthless. At one point, she stopped speaking to me for two years over something I’d written. I never held it against her, but, man, she had a temper.

* So, I’m not saying here that criticism is out of bounds, I’m saying that gratuitous, false insults of the recently departed violate common decency standards.

  86 Comments      


Illinois’ Existing Nuclear Plants: Creating Reliable, Carbon-Free Energy that Supports Jobs and Our State’s Economy

Thursday, Dec 11, 2014 - Posted by Advertising Department

[The following is a paid advertisement.]

48 percent – nearly half – of our state’s electricity is generated by Illinois’ six state-of-the-art nuclear energy facilities. These plants operate 24/7 and help ensure the reliability of our electric system.

Constantly upgraded with the latest technology, these plants supply enough power to meet the needs of 7 million residents – three times the population of Chicago. They also boast 18 to 24 months of continuous operation and set the world standard for performance during all seasons and weather conditions, including last winter’s polar vortex when other sources of energy experienced problems.

Illinois’ nuclear energy facilities contribute nearly $8.9 billion into the state’s economy and $290 million in state and local employee taxes. Illinois’ nuclear fleet also provides nearly 28,000 jobs, directly and indirectly, for the state.

As nuclear energy is carbon-free, these facilities also generate over 90 percent of our state’s zero emission power. This prevents more than 80 million tons of carbon dioxide emissions annually.

Join our campaign and learn more about the benefits of Illinois’ nuclear plants by visiting www.NuclearPowersIllinois.com, or find us on Facebook at facebook.com/NuclearPowersIL and Twitter at @NuclearPowersIL.

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Quinn accidentally framed the coming appointment debate

Thursday, Dec 11, 2014 - Posted by Rich Miller

* Tribune

Mayor Rahm Emanuel on Wednesday decried the appointment of Gov. Pat Quinn’s former campaign manager as head of the agency that oversees U.S. Cellular Field, saying the post should be filled with someone who has greater financial expertise.

Quinn, who appoints four of the seven Illinois Sports Facilities Authority board members, engineered the approval of 30-year-old Lou Bertuca as executive director of the agency this week.

On Wednesday, Emanuel said the post should be filled by someone with deep financial expertise and that Republican Gov.-elect Bruce Rauner should get to pick his own leader, in cooperation with the mayor, after he is sworn in Jan. 12. […]

Emanuel indicated he opposed the appointment of Bertuca, against whom the mayor’s three appointees voted, with Quinn’s members carrying the vote. It’s not the first time he and Quinn disagreed on the person in charge.

Two years ago, Kelly Kraft, whose contract expired last month, was picked 4-3 amid questions about whether she was unqualified. The former TV reporter and Quinn communications director became the first permanent agency chief in about 18 months and edged out Diana Ferguson, the mayor’s choice. Ferguson was chief financial officer at Sara Lee Corp. and Chicago Public Schools.

* Sun-Times

The mayor’s comments were an instant replay of the arguments he made two years ago, when Quinn used a similar maneuver to install deputy state budget director and former TV reporter-turned-Quinn spokeswoman Kelly Kraft as Bertuca’s predecessor.

“I don’t think it should be played for politics. . . . God forbid something happened financially or in the fiscal management and stewardship. Chicago taxpayers are on the hook. This should not be just for anybody. It should be for people who . . . take the responsibilities seriously and have a good background and knowledge as it relates to this authority,” Emanuel said Wednesday.

“If you look at the appointments I’ve made [to the stadium authority board] and the quality of the individuals, they have . . . a financial background that I think is essential because they are the thin line protecting Chicago taxpayers. I do not think this should be used in any other way but with the seriousness attached to the responsibility.”

Emanuel stressed that he has “nothing against Lou” Bertuca. But he thinks “political respect” and etiquette alone demanded that the job be left vacant until a new governor takes over.

* This is just one reason why Gov. Quinn ought to tread very carefully during the replacement process for Comptroller Topinka. The Bertuca appointment clearly shows how desperate he is to protect his campaign people and it will now frame whatever he does on this JBT vacancy as well. While Quinn could wind up appointing a comptroller for four or two years (if there’s a special election), the governor could ruin that person’s future if he acts with imprudence and pettiness.

  106 Comments      


Perhaps her finest moment

Thursday, Dec 11, 2014 - Posted by Rich Miller

* Rest in peace, JBT

…Adding… From Oswego Willy in comments

If I couldn’t tell someone about Judy Baar Topinka, and I could only be able to show a video to demonstrate all that made her special, can’t think of a better one;

She spoke from the heart.

She gave credit to others, deflecting her own role.

She talked and praised cooperation.

She reminded us all it’s about accomplishing something.

She talked about doing the right thing.

She used humor.

She was brutally honest about failings.

She laughed. She was a cheerleader. She was reflective.

She was also concise.

Judy Baar Topinka, in less than 4 minutes, gave us everything that made her so special, so unique, so precious.

This video of Judy Baar Topinka crystallized her persona in one special moment.

I was choked up watching it. This was arguably Judy Baar Topinka’s finest hour, and arguably the best enduring image of who Judy Baar Topinka was, and how lucky, how incredibly lucky, we were to have her working to make Illinois better.

I’m going to miss her something awful.

  22 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Thursday, Dec 11, 2014 - Posted by Rich Miller

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This just in… Supreme Court allows accelerated docket motion in pension case

Wednesday, Dec 10, 2014 - Posted by Rich Miller

* I really wanted to keep today solely about JBT, but news has intervened. Click here to read the Supreme Court’s decision to start the pension reform case briefing schedule on January 12th, with oral arguments set to begin this coming March. Plaintiffs had argued against a moved-up timetable.

  24 Comments      


*** UPDATED x4 *** Services and succession

Wednesday, Dec 10, 2014 - Posted by Rich Miller

* Comptroller Topinka made it abundantly clear long before she died that she wanted no funeral and no wake. I’m told, however that when her family read her last will and testament today, she did allow for a memorial gathering. I’ll let you know the details as soon as I do. It’ll probably be next week.

* From a very high-ranking Republican source…

“For the sake of continuity in the office, and out of respect for the wishes of the Topinka family, we believe that the temporary appointment by Gov. Quinn should be Nancy Kimme.”

It’s my understanding that Gov.-elect Rauner would definitely support that appointment. Kimme was JBT’s longtime chief of staff.

* The comptroller’s spokesman told me this afternoon that state checks already in the hopper can still be issued because they were technically approved before Topinka’s death. The checks require the signatures of both the treasurer and the comptroller.

So that means there is no immediate need to replace JBT, but a new comptroller will be required sometime very soon. We’re waiting on input from the attorney general’s office as to the exact date.

* The Senate Republicans spelled out their version of the succession process in a memo to members today…

As you are all aware by now, Illinois lost a very dedicated public servant in Judy Baar Topinka today. She will be sorely missed in Illinois.

As for succession to her unexpired term that ends January 12th, it is clear that Governor Quinn has the authority under the Illinois Constitution to make the appointment for Comptroller Topinka’s unexpired term.

As for the new term that she was elected to that is to begin at Noon on January 12, 2015, we believe that Governor Rauner has the authority to make the appointment to fill her new term of office because the vacancy in that office will occur after Governor Rauner takes the oath of office.

* But it may not be that simple. From the Illinois Constitution

If the Attorney General, Secretary of State, Comptroller or Treasurer fails to qualify or if his office becomes vacant, the Governor shall fill the office by appointment. The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law and shall not be subject to removal by the Governor. [Emphasis added.]

* From state statutes

When a vacancy shall occur in the office of Secretary of State, State Comptroller, Treasurer or Attorney General, the Governor shall fill the same by appointment, and the appointee shall hold his office during the remainder of the term, and until his successor is elected and qualified.

The appointment holds office until a successor is both elected and qualified, according to the constitution and state statute. Quinn may indeed get this pick.

Right now, the attorney general’s office says Gov. Quinn has the authority to appoint a successor. The office is researching questions regarding the length of the appointment. [This paragraph was changed after further consultation with the AG’s office.]

Illinois being Illinois, we’ll probably have a fight. Let’s hope not.

*** UPDATE 1 *** Citing common law, the Senate President’s office believes that Gov. Quinn only has the power to appoint a replacement through the end of this term. Gov. Rauner would then get the four-year appointment. This is, however, a preliminary view. It could change.

*** UPDATE 2 *** Speaker Madigan’s spokesman agrees with Radogno’s and Cullerton’s interpretation

“That’s the law, I don’t have to agree with it. I’m in the agreement with the law. The law is the law,” said Madigan spokesman Steve Brown. “Both governors will have an opportunity to fill the vacancy,” Quinn in the near-term and Rauner in the long-term, he said.

*** UPDATE 3 *** This is, indeed, under consideration

State lawmakers may be asked back to Springfield for a special session to consider whether to enact legislation calling for a special election to fill constitutional office vacancies, the Chicago Sun-Times has learned.

Nobody has ever been appointed to a four-year term for any elective office in Illinois. So, the idea is to allow Rauner to appoint someone, but then hold a special election in 2016.

*** UPDATE 4 *** And this from Jim Durkin means all four leaders are on the same page…

While it is my preference to focus today on the achievements and memory of my friend, Judy Baar Topinka, and to celebrate her extraordinary life, the debate has already begun about the succession process.

I interpret the law to say that Governor Quinn has the authority to appoint a successor in the short-term through the end of her current term, and Governor Elect-Rauner has the authority to pick her successor to fill the four year term for which she was just re-elected.

[ *** End Of Updates *** ]

* There are plenty of rumors flying already about four-year successors, but people ought to just calm the heck down. There will be time for that. Let’s keep that stuff out of comments as well.

* Also, the Illinois Senate’s US Flag is flying at half mast above the Statehouse today. The flag is typically only flown during session days, but Senate President Cullerton ordered an exception.

  112 Comments      


Tributes flood in for JBT

Wednesday, Dec 10, 2014 - Posted by Rich Miller

* I posted a few tributes in the wee hours of the morning which you can see by clicking here (Rauner, MJM, White, Rutherford, Simon). I’m going to list the rest in the order they were received. Gov. Pat Quinn…

“Today is a sad day in the state of Illinois. I am heartbroken to hear of the passing of my friend, Judy Baar Topinka.

‪ “As the first female Treasurer of Illinois and a longtime public servant, Judy was a trailblazer in every sense of the word.

“Never without her signature sense of humor, Judy was a force of nature. She left her mark on the state she has called home her entire life. Her leadership improved Illinois and paved the way for countless women in politics.

“My deepest sympathies go out to Judy’s son, Joe, daughter-in-law Christina, granddaughter Alexandra, her family, friends and devoted staff.

“Today the entire state mourns the loss of one of the greats. Judy Baar Topinka will be incredibly missed.”

* Illinois Senate President John J. Cullerton…

“We have suffered a great loss with the passing of Judy Baar Topinka. She was loved and will always be remembered because she was outspoken, independent and completely dedicated to the state.

“It was a special honor to serve with her during her time in the legislature. Her fierce advocacy and bipartisan leadership as a legislator and constitutional officer will continue to be a model for women and men entering public service in Illinois.”

* US Rep. Rodney Davis…

“Words cannot express how much Judy Baar Topinka meant to the state of Illinois, how much we will miss her, and how much we will miss her leadership. Her constant professionalism, passion for serving the people of Illinois, honesty, and sense of humor truly set her apart from all other elected officials. Judy was one of those legendary, all-time greats, and will be impossible to replace. Shannon and I offer our deepest sympathies and will keep her family, friends and staff in our thoughts and prayers.”

* Rep. Mike Zalewski…

Last night, Illinois lost one of a kind. As a constituent, mentor, neighbor and friend, Comptroller Topinka espoused a no-nonsense governing approach that I and my colleagues would do well to emulate during these difficult times. We came from different political parties, but she made sure those differences never mattered when it came to serving the people of our area and our state. Our thoughts are with her family, friends, and staff during this difficult time.

* State Sen. Michael Connelly…

“Comptroller Topinka was a very special woman and Illinois suffered a great loss today. My family would like to express our sympathies to her family and friends. She was a trailblazer that always fought hard for suburban communities while serving as a legislator, Treasurer and Comptroller,” Connelly said. “We will miss Judy’s kind heart, and bigger-than-life personality. Judy loved Illinois and Illinois loved her back. She will sorely missed.”

* IL GOP Chairman Tim Schneider…

“Illinois lost a legend today.

“Over the course of more than three decades in Illinois politics, Judy Baar Topinka was a trailblazer, a leader, and a treasure to Illinoisans, and all who knew her.

“Her common-sense leadership was a breath of fresh air during some difficult times for our state, and Judy’s energy lit up any room she was in. As Comptroller, as Treasurer, as Chairman of the Illinois Republican Party, and as Riverside Township Committeeman, Judy was a groundbreaking, one-of-a-kind leader.

“She had a heart of gold. She cared about our state saving money and families saving money; she was an advocate for animals, for the military. And she loved her family, including the staff and volunteers she treated like family.”

* Bernard Cherkasov, CEO of Equality Illinois…

The people of Illinois today lost a true original. Illinois Comptroller Judy Baar Topinka brightened every room she entered with her engaging laugh, and LGBT Illinoisans were included in her warm embrace.

As a Republican statewide officeholder, Comptroller Topinka was a leader in supporting issues important to lesbian, gay, bisexual and transgender Illinoisans and demonstrating that equality and fairness were bipartisan concerns. She endorsed the freedom to marry during last year’s debate and civil unions before that. At the signing ceremony for the marriage bill, she even offered to serve as a flower girl at any same-sex wedding that would have her.

When Equality Illinois held its regular lobbying days in Springfield, Topinka and her office opened their doors to the delegation to make them feel that the Capitol was truly our home, too.

Equality Illinois will always remember her regular presence at our annual galas, where Comptroller Topinka regularly received rousing receptions from the appreciative crowd. She was a welcomed presence at Chicago’s Pride Parade, and many other LGBT events.

Judy Baar Topinka demonstrated that political labels should not be a barrier to reaching out to all citizens. We will miss her.

* Illinois Business Immigrant Coalition…

“Comptroller Topinka never minced her words. She cared about immigrant families and valued immigrants’ enormous contribution as workers, consumers and residents to our state and country,” said Raul Raymundo, IBIC Co-Chair and CEO of the Resurrection Project, “She didn’t just show up at ribbon cutting ceremonies in immigrant communities, she championed difficult legislation and rallied her party behind her, winning policy changes like the immigrant driver’s license that keeps our roads safe and families together.”

“Comptroller Topinka paved a way for Republicans who see the business impact of inaction and trauma inflicted by the current system on families to come forward,” said John Rowe, IBIC Co-Chair and Exelon Chairman Emeritus, “And many followed her lead.”

* Mayor Rahm Emanuel…

“I was deeply saddened to learn of the passing of Comptroller Judy Baar Topinka. Judy had a passion for serving the people of Illinois that equaled her passion for life. For more than three decades, she brought a relentless work ethic, a determination to attack our state’s fiscal challenges, and a sense of humor and smile that brightened the day of anyone in her path. As the first woman to serve as Illinois Treasurer, she will always have a special place in the history of our state.

“The thoughts and prayers of the City of Chicago are with Judy’s son Joseph and her staff members, and her many friends during this difficult time.”

* US Sen. Dick Durbin…

“The Illinois political scene lost its Polka Queen last night and I lost a friend. Judy Barr Topinka was one of a kind,” said Durbin. “In a political world of cocker spaniels she could be a bulldog taking a bite out of both Democrats and right-wing Republicans without missing a beat. She was a blue-collar, immigrants’ kid who lit up the room with her quick wit and boundless energy.”

* Rep. Tom Cross…

​Illinois lost one of her finest public servants today, and I lost a good friend. Judy Baar Topinka loved serving Illinois and Illinois loved her.

​Throughout her 30 year career in public service Judy brought passion, honesty and humbleness to every office she held. She was a model for all of us in public service to follow.

My deepest condolences go out to her son Joe and her family.

* Senate Republican Leader Christine Radogno…

“Judy Baar Topinka was one of the first politicians I ever became aware of - she was my state Senator before I came into politics. She was beautiful, funny and an independent thinker. I was always in awe of her. She had the qualities we admire in our friends and public officials. She was articulate, sincere and had a wonderful sense of humor. She was smart, practical, tolerant and honest. She wasn’t afraid to take strong positions and stand to defend them. Judy will long be remembered by the people of Illinois.

“My family and I extend our condolences to her family and many friends.”

* US Sen. Mark Kirk…

“My friend and mentor’s sudden passing is a shock and very saddening. Her death is a loss to all who knew her and to our great state. My prayers are with her family today, especially her beloved son Joseph.”

* Cook County Commissioner John Daley…

I am deeply saddened to hear of the loss of Judy Baar Topinka this morning. Judy was a champion of women’s rights, human rights, and fighting for working people.

I had the honor and privilege of serving with Judy in the Illinois Senate. She brought common sense principles and a strong work ethic with her to every public office she held. Illinois has truly lost a state treasure today.

* Rick Garcia…

“Judy Baar Topinka stood out in the Republican party as a consistent and firm supporter of gay rights,” said Rick Garcia a gay rights activists for over thirty years. “Even when attacked by members of her own party for her gay rights support she never wavered. She was a solid friend and ally.”

“Illinois has strong civil rights protections for gay people including marriage rights and Topinka played a pivotal role in that., Garcia noted. “During the marriage debate in the House Topinka was on the floor working every Republican member to squeeze out every necessary vote.”

“I will always cherish the memory of dancing with Judy whether at a national Repbulican convention or at a gay rights event. She was one of a kind”

“Topinka was old-school Republican - she did not believe in labels she respected everyone and believed in fairness above all. Illinois lost a great leader. May her example be a guide for elected officials from both sides of the aisle,” Garcia said. “Her candor, bluntness and common-sense attitude will be sorely missed.”

* Treasurer-elect Mike Frerichs…

“Judy Baar Topinka was a one-of-a-kind public servant known for her integrity, her frankness, and her bipartisanship. We all mourn her passing, and I have the deepest sympathy for her family, her friends, and her current and former staff.”

* Julie Cellini…

Rich, I read with sadness your announcement of Judy Baar Topinka’s death and wanted to add something few people besides Judy knew. It was Judy’s generosity and knowledge of history that helped launch the Abraham Lincoln Presidential Library and Museum. Many years ago a newspaper story appeared bemoaning the lack of a secure display vault for the state’s priceless Gettysburg Address manuscript hand written by Lincoln . It wasn’t an accurate story but it caught Judy’s attention and since she loved history– and had played a major role in getting the burial vault for President Ulysses S. Grant restored– she scratched together about $65,000 and sent it over to the Illinois Historic preservation Agency admonishing us ( I was board chairman at the time ) to take better care of Mr. Lincoln’s artifacts. I explained that the display case holding the document was actually a very good one and the story was erroneous, but since she had scratched together that money what would she think if we used it for something else–to launch an impossible dream to build a place where a worldwide audience could experience the whole of Lincoln’s remarkable story in his hometown of Springfield. She loved the idea and in typical Judy fashion said “spend that money, honey, and do right by Lincoln.” It would take years to realize the dream– and many setbacks along the way– but it began with Judy ’s support and enthusiasm for something almost no one else thought could be done. With that modest amount we put together a small presentation that we used to sell the project to anyone who would listen. She was so much more than the straight talkin’wise crackin ‘ gal that the media portrayed. She knew history and its value to inform and inspire. I thought of that this morning when I read your column. I thanked her many times over the years. Wish I had the chance to do it again, one last time.

* House Republican Leader Jim Durkin…

“I am deeply saddened by the loss of my good friend, Judy Baar Topinka. Judy was supportive of me from the time I ran for school board in the western suburbs in the early 1990’s to now as House Republican Leader. She was a mentor and a tireless campaigner for so many of us. Whenever she entered a room all attention shifted to her because she was larger than life, and could always make us laugh. When it came to governing, Judy was a straight shooter who called it like it was. You knew where she stood on any issue, and could always take her at her word. She loved public service and wanted only the best for Illinois. She will be greatly missed.”

* Todd Maisch, Illinois Chamber President and CEO…

“Illinois has lost a great advocate in Judy Baar Topinka. Her no-nonsense approach let citizens know what was really going on in state government. Topinka’s legacy will be that of honesty, hard work, and humor. She respected her office, she respected the taxpayers, and she respected the good of the state of Illinois.”

* IFT President Dan Montgomery…

“Judy Baar Topinka was one in a million. She was an undeterred pioneer, a friend to working families, and an advocate for all Illinoisans. Judy believed and showed that doing what’s right has no political party. She was guided instead by her principles and when she came before our Executive Board earlier this year, we laughed together as Judy told stories in her own candid, inimitable way. She loved serving the public and did so with honor, grit, and integrity. We join so many others this morning in shock and grief, and extend our sincere condolences to her family, friends, and colleagues. Judy will be deeply missed.”

* US Rep. Tammy Duckworth…

“I express my deepest sympathies to the family, friends and staff of Comptroller Judy Baar Topinka. For more than thirty years Judy honorably served our state as a State Representative, Senator, Treasurer and Comptroller. Judy’s courage and leadership helped pave the way for women in Illinois to serve in office. We honor her commitment to public service and our state.”

* DuPage County Board Chairman Dan Cronin…

“Judy was a feisty, funny, courageous politician who valued service to the citizens of Illinois above all else. We will miss her sense of humor, her intelligence and her commitment to moving Illinois forward. It’s a personal loss, as she was a good friend from my days in the Illinois legislature. Our thoughts and prayers are with her family and her devoted staff, many of whom spent decades working with Judy.”

* US Rep. Adam Kinzinger…

“Judy was an amazing public servant and friend - she will be deeply missed,” said Kinzinger. “In a business where political expediency is the norm, Judy always stuck to her guns and did what she thought was right. She was a great example to so many people for so many years, and Illinois simply won’t be the same without her.”

* US Rep. Peter Roskam…

“I am saddened by the passing of my friend and colleague Judy Baar Topinka. Judy was a tenacious and dynamic leader who dedicated her life to public service and the people of Illinois. She was a trailblazer, a fighter and a total sparkplug. She will be dearly missed and Elizabeth and I join her family and many friends in mourning her passing.”

* US Rep. Robin Kelly…

“Judy was a vibrant and exuberant spirit who always spoke the truth throughout her career as a public servant. As a strong advocate for women across Illinois, she shattered the glass ceiling for generations to come. She was an ardent believer in bipartisanship who willingly worked across the aisle for the betterment of the state. Her great love of animals moved her to start several pet adoption programs during her tenure in office, including Treasured Pets and Comptroller’s Critters. My sympathy goes out to her beloved son Joseph and to her entire extended family, including her friends and devoted co-workers.”

* Illinois Education Association President Cinda Klickna…

The Illinois Education Association today mourns the loss of a great public servant, Illinois Comptroller Judy Baar Topinka.

Throughout her long and illustrious career, Judy Baar Topinka was a great friend to the students and to the public education employees of Illinois.

As a legislator, state treasurer and state comptroller, Judy worked tirelessly to improve our schools, repeatedly crossing party and ideological lines to rally support for education. Party affiliation mattered far less to her than what was best for the people of Illinois.

She never hesitated to speak out on education, calling throughout her career for more support for students and schools. Judy Baar Topinka believed in public education and in unions. It was an honor to support her in her most recent election.

Illinois will miss Judy’s leadership, her insight and her wonderful sense of humor.

* Cook County Board President Toni Preckwinkle…

I was saddened to hear this morning of the passing of Judy Baar Topinka. Judy was truly one of a kind. I admired her feisty, outspoken nature and her passion for good government. She had a track record of standing up for what she believed in, regardless of party lines.

As the first woman to be elected treasurer in Illinois, she was also a pioneer and an inspiration for other women in public service. My heart goes out to her family and friends throughout the state.

* Auditor General Bill Holland…

Judy Baar Topinka was an outstanding public servant, a person of whom Illinois could be consistently proud throughout her many years of service. If you had the privilege of meeting Judy, you would know of her intelligence, her wit and her honesty in all matters, large and small. I have been honored to call her my friend. I will miss her.

* Attorney General Lisa Madigan…

“Today our state has suffered a great loss. Judy Baar Topinka was a trailblazer, a true public servant and a friend to all. Always jubilant and straight-talking, Judy spoke her mind on every issue. Even during tough political times, Judy always worked across party lines to get things done and brought humor and joy to everything she did. My thoughts and prayers are with her family.”

* President Barack Obama via the Tribune

President Barack Obama, in a statement released by the White House, called Topinka “an institution in Illinois politics.”

“Judy was a fierce advocate for her constituents, which I got to see firsthand when she was State Treasurer – the first woman to hold that office,” Obama said. “She was blunt, pragmatic, unfailingly cheerful and energetic, and always willing to put politics aside to find commonsense solutions that made a difference for the people of Illinois.”

* Former Comptroller Dan Hynes…

I had the great fortune of working alongside Judy Baar Topinka for 8 years, when she was Treasurer and I was Comptroller. From day one, she became a friend and treated me as such (and not like a politician from another party). Every time our paths crossed, whether in a private meeting or at a public event, she would heap praise on me and upon my father, with whom she also served. It was not the usual, empty compliments typically thrown around by a politician. It was heartfelt and to the point – usually something like “Dan Hynes is one of the good guys…” This was how she judged people—were you a good guy or a bad one, were you genuine or were you a phony? If you were decent and genuine, you had a partner in Judy Baar Topinka. Simple as that.

Judy’s instinct was always to work WITH the other person, not to find a way to outsmart, outmaneuver or outflank them. When I read Rich Miller’s post this morning about her ill-fated run for Governor, it struck a chord with me. At the time, a race for Governor just seemed out of character for her, because a high level race like that in this day and age requires you to get mean and nasty. And that is just not Judy. She was above what big time politics has become.

That is why it was so great that she made her comeback, because in a sense her re-emergence was a reminder that good people, and old-fashioned politics are still viable. In the TV commercial of her last campaign, I’m pretty sure she recycled some of the old footage of her at the flea market. How fitting is that? Why try to remake an original, authentic scene for political purposes….why not just go with the real deal.

* Illinois AFL-CIO President Michael T. Carrgian…

“The working women and men of Illinois lost a friend in Judy Baar Topinka.

“She was driven by serving the greater good for all of Illinois. In this age of ideologues and politics driving policy, she was a beacon of statesmanship.

“She always called it like she saw it and had a heart as big as the state she represented.”

* US Rep. Jan Schakowsky…

“For decades, Judy Barr Topinka has been an energetic, down to earth leader on the Illinois political scene. I can’t remember a time seeing her on the campaign trail or at work that she was not cheerfully interacting with voters or colleagues, a smile on her face. She seemed particularly at ease with the many immigrant groups in our diverse state, coming herself from an immigrant background. Judy will truly be missed.”

* Jim Edgar via the AP

Former GOP Gov. Jim Edgar noted that Topinka was among a shrinking number of moderate Republicans and “gave folks who are not traditionally Republican in recent years someone they could talk to and relate to.”

“There’s not going to be another Judy Baar Topinka,” Edgar said. “State treasurer, comptroller for the most part people don’t know those offices. Judy had a personality that people knew her and remembered her.”

* AFSCME Council 31 executive director Roberta Lynch…

AFSCME mourns the passing of Judy Baar Topinka, a great friend of our union and working people across Illinois.

She was a good and decent person who always said and did what she thought was right, not just what was popular. She was dedicated to the public good, served with integrity, deeply respected all those in public service and demanded that every elected official do the same.

Judy believed in unions, and often proudly said she was a card-carrying member of two. She told the truth about the hard challenges facing our state and didn’t let anyone of either party get away with falsely blaming them on working people, especially those in the public service.

Though Judy Baar Topinka is no longer with us, her standard of decency, sincerity and respect for working people is needed more than ever and should inspire us all.

  46 Comments      


Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Wednesday, Dec 10, 2014 - Posted by Rich Miller

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Judy Baar Topinka: 1944-2014

Wednesday, Dec 10, 2014 - Posted by Rich Miller


* WSIL

Illinois Comptroller Judy Baar Topinka has died, less than 24 hours after having a stroke.

A statement from her office says the 70-year-old Topinka died early Wednesday morning following complications from the stroke.

She’d reported discomfort and was admitted to a hospital in Berwyn. After undergoing testing, she lost consciousness Wednesday and was pronounced dead shortly after 2 a.m.

* Bruce Rauner responds…

Early this morning, Illinois lost one of its all-time greats. Comptroller Topinka’s magnetic, one-of-a-kind personality brought a smile to everyone she met, and she had a servant’s heart, always only caring about what was best for the people of our state. Judy was a tremendous friend, and Diana and I will miss her deeply. We offer our heartfelt condolences and prayers to her family, including son Joseph, as well as her talented and loyal team in the Comptroller’s office.

* Secretary of State Jesse White…

I’m shocked and deeply saddened to learn of the passing this morning of my friend Judy Baar Topinka. Judy committed her professional life to public service. She served the citizens of Illinois honorably and with distinction for decades beginning in the Illinois General Assembly, as the Illinois Treasurer and most recently in her capacity as State Comptroller.

She was a great leader and a straight shooter who served Illinois with dignity. This is a sad day for Illinois and for me personally. She will be dearly missed.

* Treasurer Dan Rutherford…

I am saddened to hear about the sudden passing of my friend State Comptroller Judy Baar Topinka. She was a trailblazer for women in public service in Illinois, and in general. My heart and prayers are with the Comptroller’s family and staff at this time.

* House Speaker Michael Madigan…

Judy Baar Topinka brought a special approach to every aspect of life. Illinois is a much better place because of her efforts. Shirley and I offer our prayers that her family is comforted during these times.

* Lt. Gov. Sheila Simon…

“I am deeply saddened to hear of Judy Baar Topinka’s passing. People throughout Illinois will remember her for her many years of dedication to public service just as much as they will remember her for her larger than life personality. She truly loved the people of this state.

“My thoughts and prayers go out to her family, friends and staff as we mourn the loss of a legend in Illinois government.”

I’ve been up all night, so I’m going to try and sleep now. Damn, I’m gonna miss that woman.

  163 Comments      


Is that really necessary?

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* The Second City Cop blog passed along this completely made-up story from a Chicago police officer

I was out there tonight on Lake Shore drive while the white Protestors. And a few Black Protestors were filming us and yelling. I seen a White Girl with her camera phone filming us. She was holding the camera in the air. Then some black guy grabbed the girls phone and took off into the crowd. The girl then approached the cop next to me and stated that this black guy just grabbed her cell phone. The cop next to me raised his arms up and stated ‘Don’t call the police’. I started laughing and she turned to me and asked why I was laughing.I stated you don’t like or want the police around so you go chase that black guy. She stated that’s your job to protect me and my Property. I stated you are protesting me from doing my job. She walked away crying

I get the irony and the humor. Just desserts, indeed. Too bad it’s not true.

* I also get the explanation from the blog’s proprietor, who apparently fell for the gag

Point #1 - One copper isn’t going to chase this guy into an obviously hostile crowd.

Point #2 - The cops had orders to try to keep the protestors on the sidewalk. The priority wasn’t to apprehend phone snatchers. In a volatile situation like that, property crimes take a backseat to the overall picture. Sorry, that’s just the way it is.

Point #3 - As we said here a few days ago, f— the police until you need the police. Do you understand now ma’am?

Heh.

* But what I don’t “get” are all the blatant racial references in the concocted story. Who writes like that? Who publishes stuff like that? Wait, I think I know the answer.

And the comments on the post are definitely NSFW. If that blog doesn’t have the most hideously vile comment section in all of Illinois, I don’t know what the “winner” might be. Whew.

It’s one thing to be defensive in the face of serious public criticism, it’s quite another to be disgustingly offensive.

* I also don’t get why a Chicago cop would find it appropriate and non-provocative to allegedly blast “Sweet Home Alabama” over his patrol car’s loudspeaker while escorting a “Black Lives Matter” demonstration on the city’s West Side

Sheesh.

* Look, I like cops. I always respect people who can and will do something that I can’t or won’t do, and that particular occupation most certainly clicks both boxes. They have in many, many ways a no-win job.

But sticking up for (or even encouraging) the minority of racists, misanthropes and rule-breakers doesn’t ever endear me to anyone. You wanna know why some citizens are so angry at you? Look in the mirror.

  40 Comments      


Unions, retirees object to AG Madigan pension motion as “unfairly rushed”

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* From a We Are One Illinois press release

In response to a motion by the state seeking to short-circuit the Illinois Supreme Court’s normal procedure and replace it with an unfairly rushed schedule in the appeal of a ruling that struck down Senate Bill 1—pension-cutting legislation affecting active and retired teachers, state employees and university employees—the We Are One Illinois union coalition and the other plaintiff groups have requested that the Court follow its established rules to ensure a fair process with ample time for all parties.

Attorney General Lisa Madigan has requested a significantly truncated schedule for her appeal of a Sangamon County Circuit Court ruling that overturned SB 1.

Saying that a rushed process is unnecessary and could be unfair, the union coalition and other plaintiffs have asked the Supreme Court to adhere to its normal schedule for hearing appeals, allowing all parties adequate time to respond.

While the state claims to want a decision before the end of May for budget-making purposes, our filing points out that the state’s own appeal seeks only to return the case to the circuit court, where a decision would certainly not come before the supposed May deadline. In short, the state’s argument is based on trying to create “a false sense of urgency.”

Further, our reply notes, “The defendants made no effort to consult with the plaintiffs on any agreed briefing schedule prior to filing their motion. The reason is obvious. The defendants seek to impose a manifestly unfair briefing schedule on the plaintiffs” by severely reducing our time available to prepare required responses.

The motion is here.

  31 Comments      


Today’s number: $560 million

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* From a November 1st Crain’s editorial

You know you’ve got a good thing going when profitability is only a bailout away. That’s the kind of mojo that’s working at Exelon Corp., which is signaling it will seek legislation next year to provide hundreds of millions of additional dollars to its fleet of Illinois nuclear plants, which the Chicago power company contends are struggling financially.

Exelon says three of its six plants in Illinois are in the red and will stay that way without policy changes in Springfield. Presumably the other three are profitable, but Exelon won’t go into details. None of this would be much of an issue if Exelon weren’t on the cusp of seeking a blanket fix for what could be a very specific problem. The company says it plans to pursue a “market solution” in Springfield that benefits all of its nukes in Illinois, even those in the black. […]

Crain’s Senior Reporter Steve Daniels walks readers through the numbers we do know in the Oct. 27 issue. He confirms Exelon’s nuclear business indeed has taken a hit. Pretax profits at the Midwest operation plunged by almost three-quarters to an estimated $4.90 per megawatt-hour in 2013 from $17.38 in 2011. Midwest revenue fell 28 percent in the same period, undercut by cheap natural gas and unusually low “capacity” fees paid by all energy consumers to power plants to ensure electricity is available when demand soars.

Those declines are tough. Even so, Exelon’s Midwest fleet as a whole still is profitable by Crain’s estimates. And the pain will be alleviated in the coming year. A big increase in capacity prices paid to power plants—costs that caused the summer spike in most Chicago-area consumers’ electricity rates—will boost Exelon’s Illinois revenue by $388 million from June 1 to May 31, according to one estimate. Meanwhile, there’s good news on the corporate earnings front: Exelon’s third-quarter profit rose 35 percent to $993 million, powered by gains in its utility and generation units.

* Well, Steve Daniels ran another story the other day about how that original $388 million estimate was only the beginning

PJM Interconnection, the Valley Forge, Pa.-based regional power-grid operator for all or parts of 13 states including northern Illinois, on Dec. 3 approved changes to the way electricity generators are compensated for their promise to deliver during peak-demand periods. The changes, which are subject to approval by the Federal Energy Regulatory Commission, will benefit Chicago-based Exelon more than any other power company in the 13-state region, analysts say.

When they take effect in 2018, those alterations will funnel more than $560 million in additional revenue that year to five of Exelon’s six Illinois nuclear stations, according to an analysis by former Illinois Power Agency Director Mark Pruitt. (One, the downstate Clinton plant, isn’t in the PJM region and wouldn’t benefit from the special payments.) Spread across all six of Exelon’s plants, that revenue would add roughly 22 percent to the net revenue they collected as a group in 2013.

Compared with what Commonwealth Edison customers pay today, the changes would hike the price of electricity 19 percent. Customers’ total rates would increase by 11 percent, although that number is expected to rise with increases in the separate cost of delivering the juice. […]

The increases PJM is trying to engineer would benefit Exelon more than any other power company operating in PJM’s footprint, according to Hugh Wynne, an analyst at Sanford C. Bernstein. Based on the $272-per-megawatt-day capacity price that PJM is forecasting (118 percent higher than today’s), Exelon stands to enjoy an earnings boost of 55 cents per share, 21 percent higher than analysts’ consensus 2016 earnings estimate, Wynne said in a Nov. 21 report.

* Meanwhile

When he takes office as governor Jan. 12, one of the first hot potatoes Bruce Rauner may have tossed to him is the recently passed bill to extend the smart grid law that allows for annual electricity rate hikes via a formula.

Senate President John Cullerton is holding onto the bill for now and may not deliver it to the governor’s office until smart grid foe Pat Quinn leaves office. In so doing, Cullerton clearly hopes that Rauner will look more favorably on the legislation, which would extend the formula rates Commonwealth Edison and Ameren Illinois are charging for two years. The law then would sunset in 2019 rather than 2017, as it currently does. […]

If Cullerton waits and sends the bill to Rauner, Rauner won’t have to act on it immediately despite the fact that a new General Assembly will convene on Jan. 14. He would have the full 60 days governors normally have to sign, veto and make amendatory changes to bills that cross their desks.

That’s good for him politically because otherwise he might feel pressured to sign into law electricity rate hikes statewide as one of his first official acts as governor.

Actually, all he can really do is sign it or veto it. An amendatory veto couldn’t be sustained in the next General Assembly. He’d kill it by doing that. Then again, it would be a way of sending a message to the GA about what he would accept. We’ll see.

  11 Comments      


Question of the day - Golden Horseshoe Awards

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* Senate Republican Leader Christine Radogno’s operation was the only one which picked up any seats last month. Knocking off a third generation political scion like Mike Jacobs wasn’t easy and was a complete team effort, from the very top of Radogno’s staff right on down. So, I’m breaking with tradition and giving the 2014 Golden Horseshoe Award for Best Senate Republican Campaign Staffer to three incredible people: Nick McNeely, Jim Reis and Rachel Bold

Reis helped [Republican candidate Neil Anderson] fundraise relentlessly and local money funded the exceptional ground game that McNeely and Bold pulled together. SGOP should put a team like those three on every race - it really paid off.

I completely agree. I really like the way the SGOPs ran their operation this year. More like this, please.

* The crowd favorite for the 2014 Golden Horseshoe Award for Best Senate Democratic Campaign Staffer was obvious, the inestimable Mitch Schaben

While many people began working on campaigns in June or July this year, Mitch started working on Manar’s campaign the day after he finished stomping Mark Minor in Forby’s district in 2012. The Senate GOP’s might as well write off whatever race he is on in 2016, because he won’t be outworked. I would call him a machine, but I think he would outwork most machines. Manar is a great candidate, but you need more than a great candidate to run up an 11 point lead in a bad year in a Republican leaning district.

It also couldn’t have been easy to have been the former chief of staff’s campaign manager. Manar is super-smart, so his manager had to bring his “A Game” every, single day.

* OK, on to our next categories, with last year’s winners in parentheses…

* Best Illinois State Representative - Democrat (Rep. Greg Harris)

* Best Illinois State Senator - Democrat (Sen. Kwame Raoul)

I decided yesterday that, from now on, the realities of Statehouse partisanship dictate lumping these party categories together. I’m much more likely to get responses for both categories by doing it this way. Or, at least, that’s the theory. We’ll see how it works today.

Remember to explain your nominations or they won’t count and please do your utmost to nominate in both categories. Thanks!

  24 Comments      


It’s an issue because Rauner himself made it an issue

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* Shia Kappos at Crain’s

Diana Rauner’s Ounce of Prevention, which advocates for and funds early childhood education programs, received $14.2 million in state funding in the fiscal year that ended June 30, 28 percent of its $50.0 million budget.

Ethics experts say her dual role creates questions about whether the Rauner administration can impartially supervise existing grants or approve new funding for an organization run by the governor’s wife.

“It’s going to appear that it’s doing well because she’s pulling strings,” says Patricia Werhane, Wicklander chair of business ethics at DePaul University. “She should give up that position.”

Donations to Ounce potentially become a way for lobbyists and vendors to influence the Rauner administration, says Melanie Sloan, executive director for Citizens for Responsibility and Ethics, in Washington, D.C. “Ounce of Prevention will suddenly be deluged with contributions,” she says.

But the concerns aren’t a reason for Diana Rauner to step down from her unpaid position, according to Ounce spokeswoman Megan Meyer. “There are no ethical issues,” she says, adding that the organization is taking some steps to limit the appearance of a conflict. Meyer says other staff members will lobby legislators on funding issues, although their supervisors will report to Diana Rauner, who reports to the board.

Not all “ethics experts” agree, however. The story quotes Susan Garrett of the Illinois Campaign for Political Reform as saying it’s not a big deal as long as there is a firewall. And the Rauner transition team released a response…

The Rauner administration will ensure that the Ounce will receive no special treatment from state agencies and will, as it has for years, compete for grant funds and state contracts on the same fair and evenhanded basis as other valued social service organizations

* Personally, I side with Garrett on this one. Also, I think Diana Rauner has done a tremendous job over at Ounce of Prevention and believe she’d be a moderating influence on her husband if he follows advice from his goofy, hard-right “budget consultant.”

But, as the story points out, the Rauner campaign objected strongly when former Sun-Times reporter Dave McKinney set up an even stronger firewall with his wife, a Democratic political consultant. Those strong objections led to McKinney’s suspension and ultimate resignation.

So, reluctantly, I gotta say: What’s good the for the goose…

  54 Comments      


Feds won’t call Whitaker to the stand

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* Tribune

Federal prosecutors in Springfield on Tuesday said they would not call Eric Whitaker, the former state public health chief and friend of President Barack Obama, to testify at a state grant scam trial.

The announcement came a day after prosecutors persuaded a judge to declare Whitaker a hostile witness based on more than two hours of questioning outside the presence of the jury.

On trial are Leon and Karen Dingle, who stand accused of benefiting personally from faith-based grants designed to help fight AIDS, pandemic flu and breast cancer.

* The Sun-Times has the back story

On the witness stand for more than two hours, Whitaker voiced concerns that the Justice Department’s pursuit of state grant-fraud cases in the Central District of Illinois has been racially motivated.

Prosecutors have charged the Dingles and eight other people in six different cases, most of which involve no-bid grants and contracts that began being doled out when Whitaker headed the Illinois Department of Public Health for former Gov. Rod Blagojevich between 2003 and 2007.

Of those 10 people, only one of them — Karin Dingle — is white, while the rest are black.

“Almost everybody who’s been indicted or scrutinized has been African-American. That’s what I mentioned to you,” Whitaker, who also is black, told Assistant U.S. Attorney Timothy A. Bass. “What I don’t support is a selective investigation.” […]

“Personally, I’m upset about this process and how I’ve been made to look like I’m on trial,” Whitaker said. “My not answering a question was really about an affair. . . . I’ve been made to seem like I’m somehow corrupt. I’m angry about that.”

But Whitaker also said he didn’t see himself as a hostile witness.

“I’m angry — but not hostile,” he said. “I would testify truthfully . . . and let the chips fall where they may.”

* Background from the AP

The government has charged Dingle and his wife, Karin, with fraud, money laundering and tax evasion for allegedly using more than $3 million in grant funds intended for AIDS awareness and other public health programs on luxury cars, a yacht club and vacations.

In addition to his ties to Golden, the government says Whitaker was an “approving official” of DPH grants during the time millions of dollars went to Dingle groups.

Dingle’s lawyers argue that Whitaker’s interactions with Dingle were rare, short-lived, produced insignificant benefits and are seven-year-old history.

“I know we had grants,” Dingle said Monday. “I don’t know that we managed grants day to day.”

  18 Comments      


*** UPDATED x1 *** Maybe not quite the same thing

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* From the Illinois Republican Party…

Yesterday, despite having very little experience in sports and over the strong objections of several board members, Governor Quinn’s campaign manager, Lou Bertuca, was given a six-figure job to run the Illinois Sports Facilities Authority.

Today, the Illinois Finance Authority is preparing to give Quinn crony, Chris Meister, an extension on his contract running the agency. Meister is also a close friend of Jack Lavin.

The Illinois Finance Authority is filled with Quinn pals. The Chairman, William Brandt, is a Quinn friend and donor who gave Paul Vallas a six-figure job so he could run for Lt. Governor.

“It is shameful that Governor Quinn would prefer his legacy be one of giving insider deals and jobs to cronies and friends rather than holding his head high and exiting government in a responsible fashion.” – ILGOP Chairman Tim Schneider

I was sent the IFA’s agenda yesterday and forwarded it to the Rauner transition to let them know I was working on this story.

* Chairman Brandt called me last night in response to my request for comment. He pointed to the state statute

From nominations received from the Governor, the members of the Authority shall appoint an Executive Director who shall be a person knowledgeable in the areas of financial markets and instruments, to hold office for a one-year term. The Executive Director shall be the chief administrative and operational officer of the Authority and shall direct and supervise its administrative affairs and general management

Brandt said Director Meister’s term expires this month. The Authority can’t implement the bond sales the board approves without an executive director, Brandt said. They’re doing about $788 million in bond approvals at today’s meeting alone.

So, the ILGOP press release may be just a false alarm.

*** UPDATE *** Chairman Brandt just called to say that Meister agreed today at the board meeting that if and when the incoming governor or member of the governor’s administration requests Meister’s departure, he would do so immediately.

  37 Comments      


Rauner hires Laffer partner as budget consultant

Tuesday, Dec 9, 2014 - Posted by Rich Miller

* From the Arduin, Laffer & Moore Econometrics website

Arduin, Laffer & Moore Econometrics advises federal, state, & municipal leaders, political candidates, and private sector clients, on economic, fiscal and state policies. We analyze the impacts of policy upon markets, identify trends and opportunities, and inform strategy that optimizes performance.

Our firm operates under the leadership of acclaimed economist Wayne Winegarden; former California, Florida, New York, and Michigan Budget Director Donna Arduin; and the visionary “Father of Supply-Side Economics,” Arthur Laffer.

* Laffer, of course, believes that tax cuts pay for the themselves, and advised Kansas Gov. Sam Brownback

Everybody knew the tax cuts would cost money; the fiscal note for 2014 estimated that the cuts would cost $800 million in 2014. But the tax cut package was sold as a panacea for all that ails the Kansas economy. Gov. Sam Brownback (R) predicted that the tax cuts would spur economic development, investment, and a lot of job creation. Indeed, Arthur Laffer, who developed the Kansas tax cut plan, practically guaranteed success. But it didn’t work. The Kansas economy is stagnating, the deficit has grown, and the state’s bond ratings have been embarrassingly downgraded.

* Bruce Rauner was asked about Gov. Brownback’s philosophy at a gubernatorial debate this fall

“I don’t agree with the tax policies that were put in place in Kansas,” Rauner declared in response to Dunn-Thomason’s question. In other words, tax cuts without regard for consequences is not in the cards.

* But Rauner’s transition team has hired Laffer’s partner

In a sign that Gov.-elect Bruce Rauner wants to shrink state government and reduce taxes, the political newcomer has hired a controversial GOP consultant to help him craft his first budget.

Donna Arduin, who helped prepare budgets for Republican governors in New York, California, Florida and Michigan, was in Springfield last week meeting with officials from various state agencies to discuss state finances, the JG-TC Springfield bureau has learned.

* More

While Rauner has been mostly silent on specific budget details, Arduin’s track record in other states includes proposals to reduce spending on human service programs. She also has supported privatizing prisons, which is barred under Illinois law. […]

She left as Schwarzenegger’s budget chief after 11 months with many of her initiatives to shrink government left undone.

“She has a complete tin ear with respect to the political ramifications of particular cuts, ” University of California-Berkeley political scientist Bruce Cain told the Los Angeles Times in a story published in 2004.

Discuss.

  94 Comments      


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