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Monday, Dec 15, 2014 - Posted by Rich Miller

People posted links to that page and their own supportive commentary on Grogan’s personal Facebook page, but Grogan apparently deleted them early this afternoon.

* Meanwhile, Laura Washington…

No smoke-filled rooms. No gin martinis. Instead, the politicos and journalists sipped paprika-infused vodka and munched venison tartare last week at the ASGK holiday soiree.

At the prominent political consulting firm’s reception, the buzz was about backroom politics: Who will Gov. Pat Quinn appoint to replace the late, great Illinois comptroller, Judy Baar Topinka? The most intriguing answer I heard: Whoever can help make him a senator.

That is so Machiavellian. And so possible. […]

It’s the most valuable card the lame duck governor has to play. If you want to run for the U.S. Senate, having a statewide office holder in your pocket comes in handy.

I really wish the governor would rise above all this and go out with some class for a change. But I’m not confident that my wish will be fulfilled.

…Adding… ABC 7…

Lieutenant Governor Sheila Simon would like to be named State Comptroller, ABC7 Eyewitness News has learned.

Simon has called Governor Pat Quinn asking to be named to replace Judy Baar Topinka, who died of a stroke Wednesday.

She should save her breath.

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More adventures in misgovernance

Monday, Dec 15, 2014 - Posted by Rich Miller

* Oy…

A critical new report says Gov. Pat Quinn’s 2013 closure of Dwight Correctional Center did not improve conditions for the state’s female prisoners.

In a 40-page investigation expected to be formally released Monday, the John Howard Association said moving more than 1,000 female inmates into a former all-male facility in Lincoln hasn’t lived up to assurances Quinn and his staff offered when the cost-cutting plan was revealed in 2012. […]

the Chicago-based organization found there are 1,985 inmates residing in a facility built to house 1,106.

At times, dozens of inmates must bunk in a gymnasium with access to only two bathrooms. The report also noted a shortage of medical staff and not enough beds for mentally ill prisoners.

As an example, the report noted that 646 prisoners were classified as having serious mental illnesses. But, during a November visit by the group, there were fewer than 160 potential beds to treat them.

* From the report’s “Key Observations”…

In 2013, the Quinn administration closed several correctional facilities in the face of severe prison overcrowding, consolidating the majority of its female prison population in Logan, a male medium security prison, without adequate resources to do so or a viable plan to reduce the prison population.

While the Quinn administration argued repurposing Logan would reduce costs and create a more efficient and rehabilitative environment for the state’s female prison population, it has exacerbated overcrowded conditions, damaged IDOC’s capacity to address the needs of female inmates, and failed to generate meaningful cost savings.

Class action federal litigation has challenged the constitutional adequacy of mental health treatment within IDOC. Recent suicides at Logan expose the need to address the lack of mental health resources for the state’s female prison population.

Without significant reductions in Illinois’ female prisoner population, the best that IDOC’s staff and administration can do with Logan is to try to sustain a precarious, ineffective, and expensive status quo.

Ugh.

* The group documented two suicides in 30 days. More on that topic…

Administrators stated during the November 2013 visit that they did not have enough crisis cells, while the facility averaged 13 watches of varying lengths a week. The average length of time on watch was eight days. On the date of the November 2013 visit, there were six women on crisis watch, with four on suicide watch. At that time, there had been 39 instances of suicide watch the month prior, and 192 suicide watches and 20 instances of self-injurious behavior since Logan became a female facility in March 2013. During the July 2014 visit, administrators stated that they started the day with two women in 10-minute watches and three in 15-minute watches. Crisis cells were located on the Mental Health Unit and Healthcare Unit. During the July 2014 visit, we were told that a newly created caged off portion of a R&C X-house wing could also be used for crisis watch. IDOC stated placement would be based on room availability and only in emergent situations with authorization and reported there are currently 11 crisis beds. […]

Mental health staff commented that they house several women who are “cutters,” and when questioned about why certain inmates in mental health housing reported to JHA that they had experienced periods of months without yard, staff stated that this may be because of self-harming behavior where the inmate might but be able to be safe on yard, given a history of banging her head on the walls or cutting. We were also told that there was not electricity in the cells because the women will stick things in sockets. Staff mentioned that one woman had recently swallowed a battery and that several were on “finger foods” meaning they were restricted from using utensils. JHA appreciates the challenges of managing inmates with serious mental illness, but recommends that Logan take steps to ensure that women can be appropriately supervised and not restricted from yard time unnecessarily. As of August 2014, 213 women in various statuses at Logan had yard restrictions of varying lengths.

…Adding… From IDOC…

The Illinois Department of Corrections (IDOC) agrees with the John Howard Association (JHA) that the ability to provide programs and services is made difficult by the number of inmates and budget constraints. We share JHA’s goals of fewer inmates and more resources in all prisons. The challenges at Logan Correctional Center are numerous, and IDOC has met many of them; we agree that more must be done. We also point out the following:

Logan Correctional Center is crowded but not overcrowded. It has approximately 1,985 inmates in operational space designed for 2,019. The “built to house” number is obsolete, calculated when prisons assigned one inmate per cell. Illinois, like all states, has for decades housed two inmates in most cells. This and added facilities at Logan CC increased its operational capacity to 2,019.

Safety and security record at Logan is consistently outstanding. IDOC tabulates for fiscal years. The numbers total -1- serious staff assault in 19 months of Logan as an all-female facility and -2- serious inmate-on-inmate assaults in the same long period.

Housing inmates in gym space converted to housing last held “dozens of inmates” for only six weeks this summer. Since mid-August, that number has been between zero and 16 (8/10ths of 1% of Logan’s capacity). Though IDOC’s gym housing is safe and secure, we agree with JHA that gym use is not preferable; it is thus not a significant component of housing at Logan.

IDOC was already moving to dramatically increase care to the seriously mentally ill. $8M in Capital Development Board funs have been released for reconstruction and added facilities at Logan. The increased capacity will be rolled out starting in 2015.

Meaningful cost savings absolutely have occurred as a result of closing Dwight. The numbers for FY13, FY14 and FY15 (with six months projected) back up that statement.

Gross reductions from Dwight: $90,940,787
Maintenance of Dwight: -756,000
Added costs at Logan: -42,000,000
Approximate total savings: $48,184,787

This does not factor in the cost of upgrading the aging Dwight facility, had it remained open.

Regarding inmate suicides, the two were committed by seriously mentally ill inmates at Logan this fall and were sad and unfortunate. However, as mental health professionals know, suicide is not completely avoidable among the seriously mentally ill. IDOC doesn’t hesitate to put inmates on suicide watch; these inmates did not present symptoms of risk or ideations of suicide at that time.

Importantly, there had not been a suicide at Logan CC in five years, including the first 1.5 years of its transition to a women’s prison, the most challenging time in such a transition. IDOC’s overall suicide rate is among the lowest in U.S. prison systems (4-6 in each of recent complete calendar years) and its death rate from all causes is 1.61 per 1,000 people—lower than every other comparable-size correctional system in the country, according to federal statistics. The general U.S. population death rate is 8.01 per 1,000 people.

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*** UPDATED x5 - Radogno - Cullerton - Durkin - Rauner - Quinn “response” *** This just in… AG Madigan: Two appointments to replace Topinka, special election should be held

Monday, Dec 15, 2014 - Posted by Rich Miller

* From an Attorney General Lisa Madigan press release…

The State now faces two issues relating to the Office of the Comptroller. First, the Office of the Comptroller is vacant due to the passing of the sitting officeholder. Second, because Comptroller Topinka was also the Comptroller-elect, her passing leaves the State without a Comptroller-elect who can begin serving as Comptroller when the new term begins January 12, 2015.

The legal analysis of these issues is based on a review of the Illinois Constitution and statutes, as well as the official documents related to the adoption of the Constitution. These documents include the official information distributed to the voters, the explanation provided by the committees that drafted the provisions, and the comments of the Constitutional Convention’s delegates.

The language of the Constitution and the official documents related to its adoption address both of the issues.

Article V, section 7 states:

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.

As this language makes clear, the Constitution details two distinct scenarios in which the Governor is authorized to fill the Office of Comptroller with an appointee – when the Comptroller-elect “fails to qualify” and when the Comptroller’s “office becomes vacant.” An officer-elect, such as the Comptroller-elect, “fails to qualify” to begin serving in office when, for example, he or she is unable to take the oath of office.

In addition to the language of section 7 of the Constitution, it is clear from the report of the committee drafting this section and the debates of the delegates that they considered a failure to qualify for an office to be separate and apart from a vacancy in office. The committee report and debates establish that the drafters specifically anticipated and directly addressed the unfortunate situation the state faces with the passing of the incumbent Comptroller who is also the Comptroller-elect by adding the phrase “fails to qualify” to section 7 and, as a result, authorizing the Governor to make an appointment.

Based on the language in the Constitution and the discussion during the drafting, it is my conclusion that a vacancy takes place when an officer is serving in the office and can no longer continue to do so, such as here, where the Comptroller has passed away while in office. A failure to qualify, on the other hand, will not occur until an officer-elect cannot be sworn in and thus qualify to begin serving.

Thus, the death of Comptroller Topinka creates a vacancy that the Constitution authorizes Governor Quinn to fill.

Because Judy Baar Topinka was also the Comptroller-elect, she will not be able to take the oath of office on January 12, 2015. As a result, on that date she will fail to qualify to serve as Comptroller. At that time, the sitting Governor – current Governor-elect Rauner – will be authorized by the Constitution to appoint a successor to hold the office.

Although the current vacancy in the Comptroller’s office and the anticipated failure of the Comptroller-elect to qualify to begin serving in office on January 12, 2015, are both the result of the passing of Judy Baar Topinka, the Constitution treats them as separate events – one occurring immediately in the passing of the current Comptroller and the other occurring when the Comptroller-elect will be unable to be sworn into office and qualify to begin serving the term that starts on January 12, 2015. In each case, the sitting Governor has the authority to make an appointment to fill the Office of Comptroller. In this situation, Governor Quinn has the authority to fill the current vacancy and Governor-elect Rauner, once he is sworn into office, will have the authority to make an appointment to fill the Comptroller’s office due to the failure of the Comptroller-elect to qualify.

Further, while the current law allows an unelected Comptroller to serve in office for four years without the approval of Illinois voters, it is a fundamental principle in a democracy that the people should elect the officers who represent them. Although the drafters of the 1970 Constitution provided that the Governor should fill the office of Comptroller with an appointee in certain circumstances, they also recognized and ensured that the General Assembly could choose to provide by law for a special election when an appreciable time remains in an uncompleted term.

The State is now facing the undemocratic circumstance in which an appointee could serve the Comptroller’s full four-year term, notwithstanding that there is a statewide election in 2016 that could provide the voters with the opportunity to elect a successor to serve half of the term.

I urge Governor Quinn, Governor-Elect Rauner, the legislative leaders and the members of the General Assembly to support and move forward with a new law allowing the people of Illinois to vote, at the next regularly scheduled statewide election in 2016, to determine who will serve as Comptroller until the 2018 election.

* One of the arguments AG Madigan makes is that the old state constitution was changed to address this very issue. Click here and read pages 6-8 and 13 (Wayne Whalen’s commentary at the bottom of that page) for more info.

*** UPDATE 1 *** I asked Gov. Pat Quinn’s office for a response. It ain’t much, but here it is…

The Governor appreciates the Attorney General’s counsel and is reviewing it.

*** UPDATE 2 *** From Gov.-elect Bruce Rauner…

“It is unfortunate we are even having this discussion less than a week following Judy’s death - now is a time we should be honoring her legacy.”

“I appreciate Attorney General Madigan’s thoughtful and thorough review of this matter. There is now clear bi-partisan agreement that the legal question is settled: there are two appointments – one to fulfill the remainder of Comptroller Topinka’s term and another to fulfill the term to which Judy was elected on November 4th.”

“With less than a month remaining in the current term, I continue to believe the best course of action for the people of Illinois is to maintain continuity in the office and respect the wishes of the Topinka family.”

*** UPDATE 3 *** From House Republican Leader Jim Durkin…

“We are pleased that the Attorney General’s legal analysis is in line with what Governor-Elect Rauner and I’ve been saying over the past several days that there must be two appointments for comptroller. Thanks to the quick response by Attorney General Lisa Madigan. We can now put this question behind us and instead honor the achievements and extraordinary life of Judy Baar Topinka.”

*** UPDATE 4 *** From Senate President John Cullerton…

Illinois suffered a terrible loss with the passing of Judy Baar Topinka. In the wake of this tragedy, we face unprecedented challenges regarding the fiscal future of the state and the leadership of the comptroller’s office. Even as we continue to mourn, we are compelled to consider the appropriate action to fill the vacancy she left.

There is a clear legal dispute with many unresolved questions about the appointment authority of Governor Quinn and Governor-elect Rauner. This will undoubtedly be litigated. That reality, shouldn’t stop us from recognizing the fact that voters should be allowed to elect a comptroller of their choosing in 2016. We need a special session to immediately consider legislation for a special election.

Legislative action can ensure that under certain circumstances the people of this state have the opportunity to elect constitutional officers of their choosing in a no cost manner that is consistent with special elections for Illinois senators. I trust that the legislature can honor Comptroller Topinka’s memory and the will of the voters as we approach these constitutional questions in a very sensitive time.

*** UPDATE 5 *** Senate Republican Leader Christine Radogno…

“The Attorney General’s legal analysis should be the definitive end to any debate. Two appointments are necessary to fulfill the unexpired term and the upcoming term of our beloved Comptroller Judy Baar Topinka. This confirms the internal review we conducted last week. Governor Quinn has the authority and responsibility to choose a successor for the current unexpired term. Governor-elect Rauner, upon taking office on January 12, has the authority and responsibility to name the Comptroller for the complete four-year term.”

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