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Thursday, Dec 22, 2016 - Posted by Rich Miller

* I will likely do a Capitol Fax for subscribers tomorrow, but I’m done blogging for a bit. If anything huge breaks, I’ll make sure to post it.

I’ll be back after the new year, likely January 4th or 5th. Gonna take it slow and easy and play things by ear. You should, too, because this crazy storm ain’t ending anytime soon.

People say I have the best job in Illinois and they’re right. It ain’t a piece of cake, but I still love it and I have loads of fun doing it. I wake up every day with the goal of earning your loyalty and your trust. So, thanks for reading this little blog, for your comments and for just being you. And many, many thanks to my subscribers and my advertisers.

* I cannot leave, however, without mentioning that my old pal Mike McGann passed away early this morning. You know how I always say “Yard signs don’t vote”? Well, Mike used to say that all the time. Every time I wrote that phrase I was paying homage to his vast knowledge.

Mike was a proud leftie, a strong union man, a loyal Vince Demuzio lieutenant and the snazziest dresser in all of southern Illinois. Here he is doing one of his favorite things, working a campaign…

Mike had a million friends, so I’ll post his arrangements as soon as I get them.

* As is our custom, we’ll close out the year with Suzy Snowflake

Frosty the Snowman

And Hardrock, Coco and Joe

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And the winners are…

Thursday, Dec 22, 2016 - Posted by Rich Miller

* The 2016 Golden Horseshoe Award for Best “Do-Gooder” Lobbyist goes to Emily Miller

I just don’t know how you can not nominate Emily Miller. She’s dedicated to one thing and one thing only - doing what’s right for those without a voice. Though we don’t have a budget, she effectively went toe-to-toe with the Governor’s office and won every media contest. She called the gov out every time the office issued some bogus proclamation (after they proposed gutting funding for the very program the gov touted, of course) and was the engine behind the RBC. Class act and in it for all the right reasons.

Honorable mention to Jack Darin of the Sierra Club.

* The 2016 Golden Horseshoe Award for Best Contract Lobbyist goes to Liz Brown Reeves

Let’s face it, LBR is among the most aggressive advocates under the dome. She works a roll call like no one else and she has incredible energy. She can open virtually any door at the Capitol and operates well without being one of the “anointed” former staffers.

As a businesswoman, she’s among the most savvy…leaving the House some years ago, investing her time and interest in the Senate and the GOP, knowing that resting her hat in one caucus is a risky approach.

Liz has forged relationships with labor and business alike and often does a lot of pro-bono work for not-for-profits. If there’s anyone to credit for getting the rank-and-file on board of the recent energy bill, it’s her.

And while she’s not “new,” she’s young and will likely have a legacy of forging the path for a new generation of hired guns.

Lots of you nominated Mike McClain, but he got the Best Insider award today, so I decided to mix it up a bit.

Honorable mention to Dave Sullivan, a past winner.

* The 2016 Golden Horseshoe Award for Best CapitolFax.com commenter goes to Honeybear

We agree about very little, but I read all of her posts. They are filled to the point of dripping with passion and emotion. At the same time, she is open to learning the views of others. She can be very quick to apologize, demonstrating the emotional concern for others feelings and pride. That might be a great lesson to other commenters who have been here a long time and don’t realize how easy it is to shoo away new people with snide-ness. If you care about this blog; you want new people to come here and participate!

HB is genuine all the time. As I stated in the beginning, we agree on almost nothing, but she always warrants my attention because she’s earned my respect with not just saying things, but also getting out and doing things. She has shared, without saying so, that even a losing effort can be a worthy one when you believe in it. We absolutely agree on that fundamental belief.

That comment was written by “A Guy,” who has had more than a couple dustups with Wordslinger and Oswego Willy over the years. But both of those commenters also nominated Honeybear, so I’ll let “A Guy” speak to that shocker

I just got back and am so pleased to see so many people bleeding for the “Queen of bleeding Hearts”, Ms. Honey Bear!

If OW, Sling and I agree on anything, ever!!! This almost has to be called a Technical Knock Out and just end it here.

Why…it’s a Christmas Miracle! Merry Christmas to all of you! Wishing you the Happiest of all of the Holidays you celebrate. Hope a couple of you get a small dusting of coal dust, among a large dose of goodness-lol.

I also say thanks to Rich. It’s a lively place.

And, for that A Guy gets honorable mention.

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It looks like the lid is on

Thursday, Dec 22, 2016 - Posted by Rich Miller

* FYI, I’ll be shutting down comments at about 4:30 today and won’t open them up again until the new year…


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*** UPDATED x2 - AFSCME responds *** Rauner demands AFSCME pay $2 million a day during impasse

Thursday, Dec 22, 2016 - Posted by Rich Miller

* Press release…

The following is attributable to Dennis Murashko, General Counsel to Governor Bruce Rauner, regarding the administration filing an unfair labor practice against AFSCME Council 31 and seeking damages for the cost of delaying the implementation of the last, best and final offer:

“Upon the Labor Board’s unanimous decision that the parties are at impasse, the tolling agreement between the administration and AFSCME officially terminated. Despite this, AFSCME continues to argue the tolling agreement still applies and the administration should be enjoined from implementing our last, best and final offer.

“Continuing to stall, instead of working with us to implement our last, best and final offer that is substantially similar to the contracts agreed to by 18 other unions, only costs taxpayers more money – approximately $2 million every day this drags on. As a result, today our administration filed an unfair labor practice against AFSCME Council 31 and is seeking damages for the $2 million each day we are prevented from implementing a contract that is fair to taxpayers and employees alike.”

*** UPDATE 1 ***  The ULP filing is here.

*** UPDATE 2 *** Anders Lindall at Council 31…

“The real waste of taxpayer money is Governor Rauner’s stubborn refusal to negotiate with our union for nearly a year. All that time AFSCME members have been working hard to serve their communities.

“This filing is a disgraceful attempt to intimidate union members from exercising their legal rights. The governor may wish to dictate not negotiate, but he is not above the law.

“Instead of bringing frivolous claims before his appointed labor board, Governor Rauner should return to bargaining in good faith and work with us toward an agreement that’s fair to all. If he refuses to do so, any resulting litigation and the threat of a disruptive strike are Bruce Rauner’s fault alone.”

  44 Comments      


*** UPDATED x3 *** Rauner contributes $50 million to his campaign fund

Thursday, Dec 22, 2016 - Posted by Rich Miller

* Here’s the A-1.

I may have more in a bit but that has to be the biggest ever. ADDING: It is the biggest ever in Illinois. Click here for the top ten. All ten are Rauner-related, by the way.

*** UPDATE 1 *** I’m told we should consider this a “first installment.” He raised $40 million on top of what he contributed himself in 2014, and gave most of his top donors a break in this recent cycle. His top contributor, Ken Griffin, just gave Chicago $12 million for a bike path, so they’ve got the money to go all in. And early money means they can start the race at the date of their choosing.

The Rauner folks say they have had a plan for potential Democratic opponents and any early hits against them. Part of that plan was leaving their 2016 “campaign infrastructure” in place for 2018. It’s still out there today.

So, opponents beware, is essentially the message here.

*** UPDATE 2 ***   Tina Sfondeles at the Sun-Times

Steve Brown, spokesman for Illinois House Speaker Michael Madigan, on Thursday said the contributions show Rauner can’t run on his accomplishments alone.

“Looks like he’s running scared to me,” Brown said. “If you had the accomplishments, why would you have to spend that kind of money?”

Brown said the money won’t scare other candidates away.

“Everyone knows he’s got wealth so I assume he’s just running scared,” Brown said.

*** UPDATE 3 *** Greg Hinz

“This race begins in earnest,” said one top Rauner hand, speaking on a not-for-attribution basis. “We can start tomorrow, next week (or) next year. … It gives us tactical flexibility.” […]

“Consider this a first installment,” says my background Rauner source. “Our early definition of possible opponents with opposition (material) any second-grader can get off the internet is part one of our standard playbook. We haven’t even reached into the good stuff yet.”

  95 Comments      


Today’s quotable

Thursday, Dec 22, 2016 - Posted by Rich Miller

* US Sen. Mark Kirk in the Trib

Early in his first Senate term, Kirk spoke with concern about Illinois’ financial picture. He said that his companion, Dodie McCracken, had urged him to explore a 2014 run for governor. Kirk said he told her, “If I lose, I will commit suicide, and if I win, I will also commit suicide.”

Heh.

But that’s pretty much why I automatically question the sanity of anyone who wants to run for governor these days.

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“It’s gonna be a hard year”

Thursday, Dec 22, 2016 - Posted by Rich Miller

* Tony Arnold at WBEZ

Organizations that serve victims of domestic violence are about to stop receiving money from the Illinois state government because lawmakers and Gov. Bruce Rauner have not approved a full budget.

Last year when the state government faced a similar scenario, the Democrat-controlled legislature and Rauner struck a deal to release state funds for lottery winners, salt for roads and more than $18 million for domestic violence shelters.

Another deal was struck in June of 2016 for a six month spending plan for most state services.

But domestic violence organizations were not included in that plan.

Now, managers of domestic violence organizations are trying to figure out what happens if there is once again no state budget.

“It’s gonna be a hard year,” said Jane Farmer of the Turning Point program in Woodstock, Ill.

Farmer said last year, the organization received more than 2,600 crisis calls — and she’s expecting a similar number of calls in 2017. She said she is thinking of taking out a loan and leaving a position vacant until there’s a budget. […]

“We fully intend to pay all domestic violence programs that have contracts with the state in full once the General Assembly passes a balanced budget alongside meaningful structural reforms,” said DHS spokeswoman Meghan Powers in a statement.

2,600 crisis calls in a year in a picturesque village of 25,000 people.

And yet, no money.

We really need a budget.

  17 Comments      


EFAB wants to increase K-12 spending by $4.6 billion

Thursday, Dec 22, 2016 - Posted by Rich Miller

* Press release…

Education Funding Advisory Board implores General Assembly and Governor to end State’s failure to adequately fund public education

EFAB recommends raising per-pupil Foundation Level to $9,204

SPRINGFIELD – The Illinois Education Funding Advisory Board (EFAB) today submitted its regular biennial education funding recommendations to the Illinois General Assembly, in accordance with the Illinois School Code. In its report, EFAB recommends increasing the statutory per-pupil Foundation Level from the current amount of $6,119 to $9,204 for fiscal year 2018. The Foundation Level establishes the mandated minimum per-pupil funding achieved through a mix of state and local funds. Statute requires the State to provide school districts with the difference between the Foundation Level and a district’s local wealth, as calculated by the equalization Formula Grant, in addition to providing the Supplemental Low-Income Grant, based on a district’s percentage of low-income students.

As stated in the report, in 11 of the past 15 years, the State has not met its statutory obligation to fully fund the Foundation Level and the components of the low-income grant, resulting in the State prorating or paying only a portion of the amount owed to districts through their General State Aid claims.

“EFAB renews its commitment to advocating for the state to end its failure to meet its constitutional responsibilities to adequately fund public education,” said Board Chair Sylvia Puente, echoing statements made by EFAB in its report. “Increasing funding for basic education in Illinois will be a challenge, but it is a challenge we ask every policymaker and citizen to embrace. The children of Illinois deserve no less. We ask our policymakers to note that in each of the years that the state has failed to meet its obligations, school districts must continue to meet all of the statutory requirements imposed upon them. This situation should not be allowed to continue.”

EFAB’s recommended increase to the Foundation Level would require $4.6 billion in additional funding in fiscal year 2018, or almost double the current appropriation for public education.

In its report, EFAB acknowledges the efforts of both the General Assembly and Governor Rauner to increase funding in both FY 2016 and FY 2017 and to revise how the state sends funding to districts; yet, EFAB also implores the General Assembly and the Governor to work together to increase the resources available for public education, in order to offer Illinois children the tools they deserve and need to compete in a global economy. The General Assembly and the Governor last adopted the EFAB recommendation in FY 2002. Since then, the increases in the Foundation Level have failed to keep pace with EFAB recommendations. The current Foundation Level of $6,119 has remained the same since FY 2010.

Current members of the Education Funding Advisory Board include Sylvia Puente (executive director of the Latino Policy Forum; Chicago), Sheila Harrison-Williams (superintendent of Hazel Crest School District 152.5; Hazel Crest), Cinda Klickna (president of the Illinois Education Association; Springfield), and Daniel Montgomery (president of the Illinois Federation of Teachers; Westmont). The Board has one vacancy.

  18 Comments      


Question of the day Part 2 - Golden Horseshoe Awards

Thursday, Dec 22, 2016 - Posted by Rich Miller

* The 2016 Golden Horsehoe Award for Best In-House Lobbyist goes to Lizbeth Ramirez at ComEd

Polite, professional, diligent and focused on her client. Works hard and her political chops are solid. Understands the leverage between working to deliver for the members and ComEd so everyone stays whole.

Honorable mention to Scott Humbard at Exelon Generation.

* The 2016 Golden Horsehoe Award for Best Legislative Liaison goes to John Thompson at the Illinois State Police

John Thompson at State Police is one of the hardest working guys under the dome. ISP had a pretty bad reputation with legislative staff, but John has worked hard to repair those relationships. He listens to all perspectives and gets along with everyone. He is a super guy.

Honorable mention to Bob Stefanski, the Governor’s Senior House Liaison.

* On to today’s categories. Mike McClain retired this month, so I’m unilaterally giving him the 2016 Golden Horseshoe Award for Best Statehouse Insider. It was named after him anyway and there was no way he was gonna lose, so I basically just saved everyone the time.

You may have noticed that all names have been removed from the Golden Horseshoe Awards this year. I thought we needed a reboot and I think we’re just gonna steer clear of putting peoples’ names on these from here on out.

This last category is always the most fun for commenters here because y’all get to choose one of your own. So, please make your nominations for Best CapitolFax.com Commenter below. Make sure to fully explain your nomination or it won’t count. Thanks again!

I’ll announce all of today’s winners later this afternoon, so get on it.

  43 Comments      


The impasse is killing our state

Thursday, Dec 22, 2016 - Posted by Rich Miller

* The Sun-Times editorializes about the more than 114,000 Illinoisans who left for other states in the past year and connects it to the big squeeze on higher education

Those are broad strokes. So let’s consider how Springfield’s failure to govern has played out in one specific area: Higher education. The quality of public universities is at the heart of why many people choose to live in one state or another, and Illinois has long been known for some of the best. But the state Legislature has chipped away at funding for universities for two decades, and Gov. Bruce Rauner came into office saying he wanted to cut higher ed funding by a third.

Then came the end of state budgets. Since then, money for higher education has been sporadic, unpredictable and insufficient. Current funding will end with the expiration of the state’s stopgap spending plan on Dec. 31, and the universities have no idea when they will see more funding. They are in crisis mode: freezing hiring, cutting staff and delaying maintenance.

When a state cannot be bothered to write a budget, a public university cannot plan. It cannot offer certainty about tuition or faculty pay or what programs will continue on.

Should anybody be surprised, then, that Illinois this fall suffered a net outmigration of 16,000 higher ed students? Our state is losing bright young people to other states. They will embark on careers and offer their talents elsewhere.

A preliminary report this week by the Illinois Board of Higher Education reveals that enrollment is dropping in all centers of higher education in Illinois — public universities, community colleges and private colleges, which typically depend on state scholarship aid for some of their students. Southern Illinois University at Carbondale suffered the biggest loss — 6½ percent of its enrollment, including 11 percent of its graduate students.

As tuition rises and university finances grow shakier, students and their families are hesitating to enroll at an Illinois school that might cut back on classes or even shut down, making it hard or impossible to graduate. As Illinois State University President Larry Dietz points out, this is the time of year when students and their families are making decisions about where to enroll in the fall.

Financial aid is contingent on a state budget, but nobody knows if and when there will be one. The stopgap budget that expires in a couple of weeks provided money to pay off last year’s Monetary Assistant Program scholarships, but included no such funding for this year.

We really need a budget, man.

  64 Comments      


Just go away, dude

Thursday, Dec 22, 2016 - Posted by Rich Miller

* I know it’s Christmas, but I still can’t bring myself to forgive this man

More than 100 of Rod Blagojevich’s fellow inmates wrote letters to U.S. District Judge James Zagel before the former governor’s re-sentencing earlier this year.

They told the judge that Blagojevich, 60, “loves his family,” “loves to help other people,” and is “a leader and a good man.” One even wrote, “I don’t believe there is a man alive that I respect and appreciate more than Rod.”

But when Zagel took the bench in August, he said those inmates “don’t know him and they don’t know him in the context of a powerful officeholder in Congress and in Illinois.” Then, Zagel reinstated Blagojevich’s original 14-year prison sentence.

Now, the former governor’s lawyers have complained to an appellate court in a brief filed late Tuesday about Zagel’s quick dismissal of those letters, arguing Blagojevich deserves yet another sentencing hearing. The brief comes four months after the lawyers filed notice of their intention to appeal Blagojevich’s new prison sentence.

  43 Comments      


K-12 funding reform solution still elusive

Thursday, Dec 22, 2016 - Posted by Rich Miller

* Dan Petrella

Illinois’ top leaders aren’t meeting to discuss the state budget, but a group that includes rank-and-file lawmakers from both parties has been meeting more frequently in recent weeks to come up with a plan to overhaul the way the state funds public schools.

Despite the standstill over the broader state budget, members of Gov. Bruce Rauner’s education funding reform commission say they’re optimistic that the group, which has been meeting since summer, will be able to come up with at least the outlines of what a new school funding formula should look like.

* But

A recent report from Advance Illinois, an education advocacy group, notes that under the current formula, Illinois spends 81 cents educating students from low-income families for every dollar it spends educating kids from wealthier ones.

“That is just upside-down from what we know needs to happen,” said Ginger Ostro, Advance Illinois’ executive director.

So far, however, long-term proposals aimed at fixing the problem haven’t been approved because they would either take money away from wealthier districts or vastly increase state spending on public education, both of which are politically challenging.

The full Advance Illinois report is here.

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Mayor Emanuel agrees to release e-mails from private account

Thursday, Dec 22, 2016 - Posted by Rich Miller

* BGA

As a result of a BGA investigation and legal action, The City of Chicago and Mayor Rahm Emanuel have agreed to release all of Emanuel’s private emails related to city business—subject to any applicable legal exemptions—and institute a new policy that will ban city employees and officials from using their private email accounts to conduct city business.

The city’s change in practices comes in response to Freedom of Information Act requests and lawsuits filed by the BGA, and separately by the Chicago Tribune, and follows more than a year of hard-fought litigation and rulings by two Cook County judges that public officials’ emails are not outside the scope of FOIA simply because they are on a private account.

The e-mails are here.

* From a Mayor Emanuel e-mail to Bruce Rauner…


Aww. So cute.

* I told subscribers about this e-mail chain today, so I’ll just leave it at that for now…


* Sun-Times

The newly released emails show the mayor and his advisers’ reactions in some stressful moments. On the first day of the 2012 teachers’ strike, Frank Clark — now Emanuel’s school board president — wrote to the mayor offering support and advice.

“This unfortunate situation does however provide a window of opportunity to focus the media and the general public in another direction. Namely, toward more charter schools,” Clark wrote on Sept. 10, 2012.

Before he became governor, Bruce Rauner and his wife, Diana, often wrote to Emanuel about education issues. In one email in June 2012, Diana Rauner told Emanuel, “Congratulations on the $ for the web portal. But what are you doing about proposed cuts in [Chicago Public Schools] funding.”

* Tribune

That included an exchange of emails between hedge fund billionaire Ken Griffin – a longtime donor to Emanuel – and the mayor about the lakefront bike trail, a conversation apparently touched off in part by Griffin damaging his car on a speed bump.

“Lake front bike path is a disaster. How can this be after they just refinished much of the path?” Griffin wrote Emanuel in April of this year. “Why doesn’t the city paint the speed bumps on the road white – my damage bill is over $10k from going over one at dusk.”

Emanuel wrote back that paint was a good idea, “I will look into it,” and explained how the plan was to separate biking and running lanes.

“Can they accept private funding.. this is a mess,” wrote Griffin.

“Yes why don’t I come with the commissioner present our plans and we can do a lot with you,” the mayor wrote. Griffin just this week pledged $12 million for a project to help separate uses on the path.

* Related…

* Personal Rahm Emanuel Emails Reveal Much About Business, Little About Scandals

* Emanuel emails reveal he promoted city to heavy hitters during Cubs playoff game

* Feder: Emails reveal how Emanuel works the media — and vice versa

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Question of the day - Golden Horseshoe Awards

Thursday, Dec 22, 2016 - Posted by Rich Miller

* I haven’t had a chance yet to tally up the votes in yesterday’s Golden Horseshoe Award categories, so you can continue voting on that one if you like and I’ll declare the winner later today. Here are today’s categories…

* Best “Do-Gooder” Lobbyist

* Best Contract Lobbyist

As always, please explain your answers or they won’t count. Also, do your very best to nominate in both categories. Thanks!

  43 Comments      


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

Thursday, Dec 22, 2016 - Posted by Rich Miller

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Question of the day - Golden Horseshoe Awards

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* The 2016 Golden Horsehoe Award for Best Statewide Officer goes to Secretary of State Jesse White

He is and continues to be a guy who cares about people and cares about service. No friendlier guy you’ll ever meet.

Honorable mention to US Sen. Mark Kirk for coming back from a horrible stroke and enduring a very tough campaign.

* The 2016 Golden Horsehoe Award for Best Illinois Congresscritter goes to Mike Bost

(W)hat it boils down to is Mike works harder than anyone for his Southern Illinois District, when others wont even answer calls, which is why he had widespread bipartisan support to win reelection.

Honorable mention to Rodney Davis for all the same reasons.

* The 2016 Golden Horsehoe Award for Best State Agency Director goes to Tim Nuding at GOMB

Nuding for moving all that money around to keep some of this place from capsizing. Tough vote to make because on balance they’re not doing a good job but he deserves some praise.

I have nothing but respect for that man.

Honorable mention to Greg Bedalov at the Tollway.

* On to today’s categories…

* Best In-House Lobbyist

* Best Legislative Liaison

I know it’s late in the day (I just plum forgot about it), so do your best to nominate in both categories and please make sure to explain your votes. Thanks!

  40 Comments      


Social service providers want court to treat their contracts like AFSCME’s

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* From Andrea Durbin at the Illinois Collaboration on Youth…

Hi Rich,

Thought you would be interested to see the brief we filed with the Illinois Appellate Court on the Pay Now Illinois case. As you know, we are fast approaching the end of the calendar year, and with it the expiration of the stopgap spending bill. The expiration of the stopgap, and lack of any state budget, means that providers face tremendous uncertainty about when they will be paid for the work that they do and how they will manage to keep critical services flowing to keep individuals, families, and communities safe and healthy.

The full brief is here.

* Let’s look at their AFSCME argument

The emergency basis for this direct appeal is the breakdown of constitutional government in the State of Illinois. This Court is well aware of the budget impasse between the General Assembly and Governor—now well over a year, and possibly to continue into 2017. A patchwork of court orders has kept up payment to some creditors of the State and not others. Some of the court orders require payment of pass-through federal funds, including Medicaid payments, which do not require consented-to appropriations. But there is one enormous exception. Without any consented-to appropriation, and by order of the Appellate Court, every single State employee, including many who work for the judicial branch, is receiving his or her salary as due on the same regular periodic basis… To date, notwithstanding Article VIII, Section 2(b) of the Illinois Constitution and by a court order that has been left undisturbed for eighteen months, the Comptroller has paid out over $4 billion to state employees without any consented to appropriation by the General Assembly… Significantly, though the State initially sought and was denied direct appeal to the Illinois Supreme Court, R. C2782, the State has filed no further appeal or motion since the Appellate Court’s decision to dissolve the order and has been content to leave this temporary restraining order in place by agreement and without pressing for a ruling on the merits.

Meanwhile, in the instant case, the defendants have vigorously opposed a similar action seeking a much smaller payment—precisely for lack of a consented-to appropriation. Furthermore, the Circuit Court inexplicably has failed to provide the same judicial treatment—and since there is no opinion, this Court can only guess the rationale for such a disparity. There is no “classification” that can justify this unequal treatment— and no reason why the Illinois courts should give priority to one kind of payment without a consented-to appropriation while denying another. It is especially unconscionable to inflict such an injury on those who serve the neediest citizens of the State. In AFSCME, the Appellate Court in the Fifth District justified upholding what has become a massive billion-dollar expenditure to State employees because of only a tentative and preliminary assessment that there was a valid legal claim of unlawful impairment of the obligation of contracts. Accordingly, if this Court finds that there is no legal claim of impairment in this case—a ruling on the merits—then it follows that the order of the Court in St. Clair County now paying the state employees—which is based only on a tentative or preliminary assessment of the same legal claim—has to be dissolved immediately as well. Furthermore, under state law, there should be full restitution of $4 billion for wrongful issuance of a preliminary injunction.

Whoa.

* And now this

Plaintiffs recognize that the Governor and General Assembly have legitimate differences about the budget—or the Governor’s purported reform agenda as a condition for even having a budget. Plaintiffs have no position as to the merits of this political dispute. However, the Governor has in fact entered these contacts and continues to accept services without payment. He has chosen not to cancel or revoke the contracts, as he has power to do under provisions like Section 4.1 quoted in the Statement of Facts. The Governor could have used his line item veto authority to approve those parts of the budget bills—enacted in June 2015 and again in June 2016—that funded the contracts that he and the other defendants continue to enter and enforce. The defendants are always free to cancel the contracts prospectively: what they may not do, or what arises to an abuse of the powers of their offices, is to enter and continue the contracts without paying for them. Accordingly, under the well established “officer exception” to sovereign immunity, Illinois courts can issue prospective injunctive relief to specifically perform the contracts and become current in payments. Or put another way, the court has full equitable authority to bar defendants from both affirming and disaffirming the contracts all at once. Or to put it colloquially, defendants may not have their cake and eat it too.

  44 Comments      


Why are traffic fatalities rising here?

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* Gatehouse

State police said the headcount in its division of operations, the primary division responsible for traffic enforcement, has dropped from 1,849 in 2009 to 1,462 today because of retirements and attrition.

“No layoffs have occurred,” the ISP said in a statement. “The ISP is working within the budgetary environment by continuously exploring efficiencies, redistributing resources and staffing to meet public safety needs, particularly in high fatality zones.” […]

According to numbers provided to GateHouse Media Illinois, the number of traffic fatalities statewide has risen from 924 in 2014 to 998 in 2015 to 1,029 for this year through Friday.

While that number is up the past two years, it is still significantly lower than 15 years ago. In 2001, there were 1,414 fatalities, and in the 1970s, the number of fatal crashes each year was in the 2,000 range.

The ISP says the increasing the speed limit to 70 mph didn’t have a significant impact. The law took effect in January of 2014, but deaths were already on the rise. From a January 1, 2014 story

As of New Year’s Eve [2013], there were 973 crash fatalities in 2013 compared with 956 fatalities in 2012, a nearly 2 percent increase. That uptick adds to a 4 percent rise last year, when the death toll of 956 compared with 918 in 2011.

But deaths on Illinois roadways are still much lower than they have been historically, with 2013 the fifth consecutive year that fatalities were below 1,000, a dramatic low compared with the past nine decades.

Nationally, deaths didn’t really jump until 2015. More on that here.
.

Texting, low gas prices, etc. are likely factors. But a 20 percent drop in patrolling officers over 7 years can’t be ignored. Also, check out the reduction in tickets issued


  43 Comments      


Griffin explains why he backs Rauner and Emanuel

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* Ken Griffin briefly attended a Chicago ceremony today with Mayor Emanuel to honor the state’s wealthiest man for contributing $12 million to create two separate bike and pedestrian paths on the city’s lakefront

But coaxed back to the microphone to explain his ongoing support for two men who, on the surface, at least, are political foes, Griffin said he saw no contradiction between backing Republican Gov. Bruce Rauner and Democrat Emanuel.

“I’m a proud supporter of the governor and I’m a proud supporter of our mayor — two great men,” he said. “They don’t always agree, but we need great leaders to get through the problems that we face as a state.” […]

“I’d hope that these two great men would find common ground to keep Chicago at the forefront of our country and to meet the needs of our citizens,” he said before bolting again, this time for good. […]

“Ken and I don’t agree about a lot of things on policy,” [Mayor Emanuel said]. “But we do agree that public service is important, leadership is important, that Chicago is the crown jewel of the state of Illinois, and what we are doing today is investing in the city of Chicago so people can enjoy it.”

  49 Comments      


Hammond wants prison’s bill paid to avoid shutoff

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* Rep. Norine Hammond (R-Macomb)

“The Office of the State Comptroller’s website shows that today it has more than $404 million to pay down the state’s bills. Despite having that revenue available, Comptroller Mendoza is refusing to process a $78,000 water bill for the Western Correctional Center. Because of her inaction, the facility is threatened with losing access to clean water and sewage service, creating a potential health and safety crisis for the state’s western region. Comptroller Mendoza has both the authority and cash-on-hand to pay this bill today and avoid what could become a catastrophe – she should do so immediately.”

I’m told that the Department of Corrections sent two invoices to the comptroller on December 2nd totaling $78,000. I’m not certain when IDOC received the bill, but if it’s reached the point where the prison is facing a water/sewer shutoff, you’d think the Rauner administration would’ve submitted that payment request a whole lot sooner. Unless, of course, there’s some politics involved.

There’s also a six-month bill payment backlog these days, so it could be a while before that bill is paid unless Mendoza personally intervenes and pays the invoice ahead of somebody else.

Anyway, this is precisely the sort of pressure Comptroller Mendoza can expect from here on out.

…Adding… A very good suggestion from RNUG in comments…

Two can play that game. Mendoza can flag any vouchers held at the agency more than 30 days (or 60 if you prefer) and, instead of putting them in line, shuffle them aside on a “low priory by the agency” pile to be paid whenever the State has extra money to catch up.

Getting the bills out of the agencies and into the Comptroller’s office in a timely fashion will draw the true picture of where the State stands.

* Meanwhile, from a press release…

A group of sixteen House Republican legislators are calling on State Comptroller Susana Mendoza to keep her promise of maintaining former Comptroller Leslie Munger’s policy of “No Budget No Pay’ in place with regard to payment of state lawmaker salaries. Twelve State Representatives and four State Senators sent a letter to Comptroller Mendoza today urging her to defend “No Budget No Pay” in the face of a lawsuit filed by six House Democrat legislators on December 2 suing the Comptroller for delaying payment of their salaries.

“Social service providers and many others who rely upon the state to meet its financial obligations are being adversely impacted, to put it mildly, by the General Assembly’s failure to pass a comprehensive budget,” Rep. McDermed said. “We are calling on the new Comptroller to stand with us in support of the individuals and families whose lives are being irreparably harmed due to the lack of stability in our budget.”

“We do not believe that payment of legislator salaries should be prioritized over the funding of health care and social service providers or others enduring the long delay in state payments,” Rep. Batinick added. “The principle of “No Budget No Pay” should be kept in place; and the General Assembly should come together immediately to pass a responsible state budget in order to prevent further erosion of our social safety net and damage to our economy.”

Attached is a copy of the letter that was sent to Comptroller Mendoza.

She’s already said that she’s against the lawsuit, but, again, this is just the sort of thing to expect for the next two years. The letter is here, by the way.

* Related…

* Editorial: Forget the furniture and do the job: Unless Mendoza can point to specific missing files, furniture or important equipment, it’s regrettable she complained, even if only in response to a reporter’s specific question. She was a good Chicago city clerk and could be a good state comptroller. She only diminishes her reputation for competence by complaining about nothing much.

  31 Comments      


Is Pritzker a “secret agent” for Madigan?

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* Greg Hinz reports on some JB Pritzker contributions to House Democrats

According to campaign records highlighted by the Rauner folks, $119,400 came from Stateline, which is listed at the same West Loop address as the Pritzker Group, and J.B. Pritzker listed the firm on a 2006 statement of economic interest.

Another $82,000 came from TNDP. It, too, has the same West Loop address, and its registered agent is Jay Robert Pritzker.

Republicans say that’s proof Pritzker is a secret agent of sorts of the governor’s arch-enemy, House Speaker Mike Madigan.

“After raising money for Rod Blagojevich, it’s no surprise that Pritzker is trying to hide hundreds of thousands in donations meant to help Mike Madigan,” Illinois Republican Party spokesman Steven Yaffe said in a statement. “Pritzker is just proving he is a political insider who will always side with Madigan to protect the status quo.”

The Stateline contributions are here. The company had previously made one campaign contribution before this November’s contributions to HDems. And that was for just $200 back in 2008.

The contributions by TNDP are here. No contributions prior to November are on record.

So, did Pritzker try to play hide the ball? Maybe. He did give to several other House Democrats this year, but not to Madigan’s Democratic Majority PAC, as he did with Stateline, nor did he contribute to Friends of MJM and DPI this fall, as he did with TNDP.

* The Pritzker camp’s response

“While other people are finishing their Christmas and Hanukkah shopping, Bruce Rauner is obsessed with politics and J.B.,” says spokesman Dave Lundy. “If he spent a fraction of his energy solving our budget issues, maybe 125,000 college students would be able to go back to school when the stopgap budget expires on Dec. 31. J.B. is a well-known contributor to Democratic candidates and has been for decades.”

Lundy, by the way, was also in the Sun-Times today. Click here for that one.

  34 Comments      


Because… Madigan!

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* The Tribune jumps onto the bandwagon

One Democrat, Rep. Scott Drury of Highwood, told WTTW’s “Chicago Tonight” program he would consider [running for House Speaker against Madigan]. Other names have been dropped, including that of Rep. Elaine Nekritz, D-Northbrook, though she told us discussions of her opposing Madigan were part of a “scheme” by Gov. Bruce Rauner to create a distraction.

No news there. The Tribune has been railing against Speaker Madigan almost since the moment he became Speaker.

* But they do manage to make a few good points. Here’s one

To the calculus of replacing Madigan we would add: Democrats who support so-called progressive policies aren’t accomplishing those changes with Madigan in charge anyway: No increase in the minimum wage. No graduated income tax. No tax hike on the wealthy. No strengthening of the social safety net. No additional money for education. No changes to the state’s flawed school funding formula. They’re not getting done under Madigan because he doesn’t care about policy. It’s about power.

Not like they’d be for most of that anyway, but whatevs. They’re not wrong.

* And you may not know that this many HDems favor term limits

If every Republican in the General Assembly to be seated next month voted for a different candidate for speaker — yes, GOP members can vote for a Democrat for speaker — only nine Democrats would have to defect to reach the 60-vote threshold for toppling Madigan. Nine.

Let’s start with Democrats who are on record supporting term limits for elected officials and/or legislative leaders, including Madigan. Readers, if your lawmaker is on this list, you might want to give him or her a call. You can find all of their phone numbers at www.ilga.gov. They are: Chicago Democrats Sara Feigenholtz, Fran Hurley and Kelly Cassidy; Robyn Gabel of Evanston; Carol Sente of Vernon Hills; Sam Yingling of Grayslake; Michelle Mussman of Schaumburg; Marty Moylan of Des Plaines; and Kathleen Willis of Addison. Reps. Ann Williams of Chicago and Stephanie Kifowit of Oswego both said they’d be open to leadership term limits.

  27 Comments      


Proft claims Rauner could be in “deep trouble,” Hughes says “no way” Rauner can run as outsider

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* Dan Proft and Pat Hughes have a radio program called “Illinois Rising,” which is sponsored by the Illinois Policy Institute. This is from the most recent edition

PROFT: Here’s the Turnaround Agenda, it’s workers’ comp, it’s property tax caps, it’s pension reform. Those are bullet points. There hasn’t been a simply, succinctly articulated proposal to rally people around on any of these areas. So, it just becomes like an index card of five categories, and that’s not gonna inflame anybody’s passions, and it’s not going to persuade too many people because they don’t know exactly what you mean or what they’re gonna get if we did whatever you call workers’ comp reform or whatever you call a property tax cap, different than what Madigan and Cullerton, the Chicago Democrats, call those same things.

HUGHES: Yeah, and after 18 months, almost two years of it, even those sort of words that were meant to have some meaning, the meaning has been sucked out of them because they’ve been said so many times. It’s a laundry list of terms, so any value they had in the beginning they’ve lost in the entire process.

PROFT: Everybody in this state’s a fiscal conservative, everybody in this state supports property tax caps. We have the worst bond rating of any state in the nation in 25 years, not just in the present. And with respect to property tax caps, we pay the highest property taxes in the nation. So we’ve got a bunch of fiscal conservatives running around supporting property tax caps and we don’t have anything resembling either one of those things.

HUGHES: So the question is… why doesn’t he do it? We’re closer to this political stuff than most people are, we’ve seen the governor up close working publicly and privately. What is it about this circumstance that makes him resistant to what is an obvious, in our view… a smart, meaningful political plan?

* On to the next segment

PROFT: Pat, you posed a question about the risk, political risk Rauner needs to take to be a transformative governor. He needs to pose understandable and transformative ideas. He needs to take powerful stands, even though they are full of peril, because nothing is going to be given freely to Gov. Rauner by the Democrat power structure in this city and state. That is a known. So the unknown is why isn’t he doing some of the things we suggest he do. Even if you don’t want to pick the spot I say, I suggest you pick, then another spot to kind of get to the same place.

HUGHES: I know Bruce a little bit, I certainly know his history in business and he is not risk averse. You don’t get to be in his position by being risk averse… I think he’s getting advice from people who don’t want him to make the big mistake. Who don’t want him to take too big of a risk this far out, when they can bleed out circumstances, see how the country moves. Maybe Trump will be enormously popular, maybe circumstances will change on the ground. He knows he’s going to be resourced because he can spend $100 million of his own money, why take that risk?

…Adding… Just to clarify, on policy, Proft wants Rauner to take a much, much stronger stand against AFSCME and he wasn’t happy at all that Rauner signed the Exelon bailout bill.

Hughes then went on to question whether Rauner’s advisers were really tied enough to Illinois to want to make it a better place or just focused on Rauner’s reelection. Proft responded by saying Donald Trump “exposed” the consultant class. Trump, he said, didn’t need them, he won without them. Proft admitted that wasn’t easily replicable here, but then said

What Rauner and his people lack is the sense of there is a revolt that is bubbling below the surface and we need to figure out how ignite it and leverage it, productively. And I don’t think they want to do that. I think they want to play the same old game, and do so, maybe unwittingly, according to Madigan’s rules.

This idea that they’re bleeding the other side out. No. They’re being bled out. They’re the holdout… They’re down 15 and they’re playing Four Corners. They’re not up 15. And, because we have these resources, we’re gonna make Madigan and whoever the Democrat nominee for governor is in ‘18 more of a bogey man than they can make me a bogey man.

That’s not the transformative leadership that was effectively his value proposition when he ran in 2014 and was elected on that basis - that he was an outsider coming in to, lack of a better phrase, drain the swamp in Springfield, or… however you want to translate that to Illinois. And if he’s just playing the tradition game the same way, less reform-minded, less transformationally inclined governors of the past like a George Ryan or a Jim Edgar or a Jim Thompson. If he’s just going to play the same way they did - two bad ideas, let’s split the difference and come up with a bad idea we agree to, like the energy bill that he just signed. That’s a good example of it. If that’s the tack he’s gonna take, that’s the Jim Edgar, Jim Thompson, George Ryan model of governance. That doesn’t end well.

* More

HUGHES: No, and it also bleeds out his initial reason for being elected. He’s losing the outsider, he’s lost it. There’s no way to run as an outsider any more after some of these deals, the temporary budget he cut, the energy bill, the fact that he’s been battling with Madigan in Springfield for all these, the last couple of years. The outsider model is no longer gonna work. He’s gonna have to show that his governance was progress, both politically, which he’s done a little bit with these [legislative] races, but aside from politically, that people’s lives are starting to or going to improve as a consequence of the fact that he’s the leader of this state. And, currently, he can’t point to that.

PROFT: No, he can’t. So where does that put him with the prospects of facing a Democrat challenger that will have as much money as he does?… [Or if, say Downstate US Rep. Cheri Bustos wins the primary] Then Rauner is in deep trouble. And it seems to me they don’t have a sense of urgency, he doesn’t have a sense of urgency about the political trouble he’s in because of the lack of policy risks he’s taken.

Thoughts?

  89 Comments      


Rauner shares, receives #FunFacts

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* From yesterday…


* That tweet inspired some high quality trolling…


I monitor the governor’s Twitter account all day and I’ve noticed a definite uptick in anti-Rauner tweets since the election ended as liberals take out their frustrations on the nearest Republican. But the Democratic Party itself has given Rauner free rein on social media for two years.

* There were also some counter-trolls yesterday, mainly like this one…


Can you imagine if Speaker Madigan had his own Twitter account? Whew.

  39 Comments      


Oops: GOP urges retiring Democrat to vote against Madigan

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* OK, this is really getting goofy. A guy who isn’t in office yet, another guy who didn’t even run for reelection and is leaving office in January and therefore won’t be around to vote for House Speaker, and a Senator known for his intellectual independence. Sheesh

Three More Added to BossMadigan.com
Time for Halpin, Jackson, and Haine to Demonstrate Independence from Madigan

Today, the Illinois Republican Party added Rep-elect Mike Halpin, Rep. Eddie Jackson, and Sen. Bill Haine to BossMadigan.com, as part of the party’s ongoing efforts to highlight those who empower Mike Madigan at our expense.

“Mike Halpin, Eddie Jackson and Bill Haine have all personally benefited from Mike Madigan, taking hundreds of thousands of dollars from Madigan in exchange for rubber-stamping his disastrous policies. As thousands flee Illinois, it’s time for them to admit their mistakes and work to oppose giving Madigan yet another term as Speaker.” – Illinois Republican Party Spokesman Steven Yaffe

Mike Halpin hasn’t even taken office yet and he’s already embroiled in Mike Madigan-related controversy. The Dispatch-Argus caught Madigan “meddling” in Halpin’s primary race, apparently directing $75,000 to Halpin to ensure he became the Democratic nominee. Halpin unbelievably claimed that he “can’t speak to who Madigan supports or doesn’t support.” Then, Madigan funneled $345,000 to help Halpin in the general election. It looks as if Mike Halpin is another bought-and-paid-for Madigan politician. Halpin can prove that wrong by opposing Madigan as Speaker in January.

Eddie Jackson has been a loyal Mike Madigan ally for years. Jackson voted to give Madigan the Speaker’s gavel four times, and in exchange Madigan has directly given Jackson over $100,000. Madigan directs the money and Jackson provides the votes. Take Madigan’s 67% income tax hike for example. Jackson supported it knowing it would cost hardworking middle-class families thousands in higher taxes. Just this year, Jackson voted for Madigan’s $8 billion unbalanced budget, which would have required even higher taxes to balance. Jackson has been just another tax-and-spend Madigan politician, but he has a chance now to change course and oppose Madigan’s re-election as Speaker.

Career politician Bill Haine might be a Senator, but he’s been in Mike Madigan’s back pocket for years, taking over $212,000 in Madigan money. First appointed in 2002, Haine has been around to vote on a decade and a half of Madigan policies, and he supports them every chance he gets. Haine supported the Madigan and Blagojevich plan to borrow $10 billion against the pension system and voted to skip pension payments, calling it a “pension holiday.” While Haine and Madigan shortchanged state workers, they sent the bill to middle class families, together raising the income tax by 67%. It’s time for Haine to stop backing Madigan’s Chicago-agenda by encouraging his colleagues to oppose him as Speaker of the Illinois House.

Also, it’s Eddie Lee Jackson.

Who’s next?

  42 Comments      


*** UPDATED x1 - ILGOP responds *** Kennedy responds to Republican attack

Wednesday, Dec 21, 2016 - Posted by Rich Miller

* The background to this post is here. The Tribune has Chris Kennedy’s response to the ILGOP’s mocking video

The video uses clips from the Democratic National Convention, when Kennedy awkwardly scolded reporters for trying to talk to him after he’d addressed an Illinois delegation breakfast meeting in Philadelphia.

“Have some decency. What have you become?” Kennedy asked the reporters as he tried to ride an elevator away from the cameras. He ultimately left the elevator and used a stairwell to flee the scene.

“I’ll admit, my elevator speech needed a little work, but we’ve made great progress since last summer,” Kennedy said in an emailed statement. “Too bad the same can’t be said for Illinois. It’s nice to see Gov. Rauner worried about someone besides himself for first time in two years.”

That’s not a bad response at all. Some self-deprecation combined with a jab at the governor’s inability to move the state forward.

But if Team Rauner follows recent practice and aggressively promotes its new video on social media and Kennedy doesn’t respond in kind, it won’t mean much.

*** UPDATE ***  The ILGOP was not impressed

Yesterday, Chris Kennedy responded to the Illinois Republican Party’s new digital ad, highlighting Kenendy’s ties to Mike Madigan, by completely avoiding the subject.

“Chris Kennedy’s dodge isn’t going to cut it. Mike Madigan endorsed Kennedy as an ‘excellent candidate’ for Governor and in return, Kennedy funneled tens of thousands of dollars to Madigan candidates and political groups. It’s time for Chris Kennedy to come clean. Does Kennedy endorse or oppose Mike Madigan as Speaker and head of the Democratic Party of Illinois? – Illinois Republican Party Spokesman Steven Yaffe

  74 Comments      


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

Wednesday, Dec 21, 2016 - Posted by Rich Miller

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