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US appellate court upholds ruling against Janus back dues claim

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Click here for the full opinion

In 2018, the Supreme Court reversed its prior position and held that compulsory fair‐share or agency fee arrangements impermissibly infringe on employees’ First Amendment rights. Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2461 (2018). The question before us now is whether Mark Janus, an employee who paid fair‐share fees under protest, is entitled to a refund of some or all of that money. We hold that he is not, and so we affirm the judgment of the district court.

  28 Comments      


Question of the day

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* News-Gazette editorial

Arroyo’s departure from the House is no great loss. But that does not detract from the fact that he’s being punished based on accusations, not convictions for criminal wrongdoing.

FBI tape-recorded conversations between Arroyo and a cooperating witness don’t appear to leave Arroyo solid ground on which to assert his innocence. Still, even though Arroyo was effectively thrown out of the Legislature and not into jail, it’s never a good day when accusation is tantamount to guilt.

That regrettable stance was enthusiastically embraced by Madigan, who said “the allegations contained in this criminal complaint go beyond anything that could be considered a lapse of judgment or minor indiscretion.”

* The Question: Do you agree or disagree with House members who said they would eject Luis Arroyo from the chamber if he didn’t leave on his own? Take the poll and then explain your answer in comments, please.


survey hosting

  41 Comments      


Schakowsky again endorses Newman

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Press release…

Today, Marie Newman, Democratic candidate for Congress in Illinois’ Third District, announced that she had earned the endorsement of Congresswoman Jan Schakowsky.

“Congresswoman Schakowsky’s leadership is an inspiration and I am truly thankful for her endorsement and her support of our campaign to elect a progressive Democrat with a real plan in Illinois 3rd District,” said Marie Newman. “Congresswoman Schakowsky has long led the fight for bold progressive action in Illinois, and I look forward to standing with her in Washington as we fight for policies that will truly improve everybody’s every day.”

“With Marie in Congress, we will grow our ability to secure big wins for working families, to protect women’s rights and fight climate change. I am proud to stand with Marie. Her election helps Democrats build a party that is willing to take bold steps to bring affordable health care, including prescription drugs, protect and expand Social Security and Medicare, and raise the wages of working Americans,” said Jan Schakowsky.

* Greg Hinz

Other local congressmen have not yet made any endorsements. But Newman is supported by three presidential candidates—Sens. Cory Booker, Bernie Sanders and Elizabeth Warren—and by freshman U.S. Rep. Alexandria Ocasio-Cortez.

Also seeking the 3rd District seat on the Democratic side are attorney Abe Matthew and film production company owner Rush Darwish.

Lipinski, in a quick phone call, made it clear he does not appreciate Schakowsky’s intervention. “Jan Schakowsky and AOC don’t represent the views of the 3rd District,” he snapped. “Their extreme views won’t play well here. I doubt AOC ever has been in the district. Jan may have been once, to ask my dad (former Rep. William Lipinski) for something. This (internal fighting) is not what Democrats should be doing.”

…Adding… Rush Darwish campaign…

Rush Darwish supports Representative Schakowsky’s Medicare for America bill, as it provides Medicare for all who want it, while allowing people to keep or purchase private health insurance if they so choose. This choice is a fundamental American right, one that Marie Newman wants to take away from her potential constituents, putting her at odds with Schakowsky over healthcare policy. Rep. Lipinski, on the other hand, doesn’t even believe that healthcare is a human right, as he voted against the Affordable Care Act.

We understand that Rep. Schakowsky developed a personal friendship with Marie Newman last election cycle, when Schwakowsky endorsed Newman. Clearly, this recycled endorsement is based on a personal relationship and not on good public policy.

  13 Comments      


Open thread

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Today is root canal day. Hooray! I’m not sure when I’ll return, so monitor the live coverage post for updates and please be nice to each other while keeping the conversation Illinois-centric. Thanks.

…Adding… All’s well that ends well…


  15 Comments      


“This could literally put an end to us”

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Mark Maxwell yesterday

Luxury private jet companies were hoping state lawmakers might bail them out of four-year-old unpaid sales tax bills. Instead, billionaire Governor J.B. Pritzker greeted their pleas for mercy with a stiff arm on Monday.

“I am going to veto that bill if that lands on my desk,” Pritzker pledged, explaining that the plan the House passed last week “would forgive $50 million of taxes that are owed by people who are in this private jet industry.”

A special sales tax exemption for private jet facilities expired in 2014, and the companies said that caught them off guard.

“We did not collect those taxes from our customers,” West Star Aviation CEO Jim Rankin confessed. “We didn’t know we had to. Nobody did. Therefore, if we have to go back and pay that, we are going to have to pay that ourselves as a company. You can imagine how difficult that would be if a retail outlet had to go and pay sales tax when they did not collect it from their customers to begin with.”

The total money owed the state by all these companies is estimated at $50 million.

* Today…


  73 Comments      


Don’t believe everything you read

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* This blatant falsehood has popped up in my Facebook feed. Turns out, it’s hostile foreign propaganda

The cellphones known as 5G, or fifth generation, represent the vanguard of a wireless era rich in interconnected cars, factories and cities. Whichever nation dominates the new technology will gain a competitive edge for much of this century, according to many analysts. But a television network a few blocks from the White House has been stirring concerns about a hidden flaw.

“Just a small one,” a TV reporter told her viewers recently. “It might kill you.”

The Russian network RT America aired the segment, titled “A Dangerous ‘Experiment on Humanity,’” in covering what its guest experts call 5G’s dire health threats. U.S. intelligence agencies identified the network as a principal meddler in the 2016 presidential election. Now, it is linking 5G signals to brain cancer, infertility, autism, heart tumors and Alzheimer’s disease — claims that lack scientific support.

Yet even as RT America, the cat’s paw of Russia’s president, Vladimir Putin, has been doing its best to stoke the fears of American viewers, Mr. Putin, on Feb. 20, ordered the launch of Russian 5G networks in a tone evoking optimism rather than doom.

* In a similar vein, I’ve seen this Twitter ad numerous times the past few days…


* Dr. Bruce Solka, a retired senior principal scientist at Unilever Corp., took on this claim. His conclusion

Although both of these papers show a few ppb ethylene background in their subjects before oxidation tests or surgery the authors do not comment on that background. The systemic background may be due to inhalation of the ubiquitous 5 to 20 ppb background ethylene in ambient air. In any case ethylene (and hence ethylene oxide) quantities in the human body seem to be very dependent of various disease or stress conditions. This may suggest that concentrations of such a compound may not be the best means to support establishment of disease risk factors.

* From Jen Walling at the Illinois Environmental Council…

To me, I think they have a hard time getting over the fact that the [Willowbrook-area] readings were all near zero [for EtO] after Sterigenics closed.

Yep.

  13 Comments      


Yes, it can happen here

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Western Illinois University’s racial tension and its eventual ouster of the university’s first African-American president Jack Thomas wasn’t covered very well by local media. But the Chronicle of Higher Education has published a deep dive that’s well worth a full reading

Elitism. Incompetence. Kanye. There were lots of reasons people say they soured on Thomas. But the incident that infuriated many of his critics, and directly preceded the “Fire Jack” campaign, was Thomas’s decision to fire Brad Bainter.

Bainter, who is white, is a former WIU Leatherneck basketball star who went on to serve as the university’s vice president for advancement and executive officer of its foundation; his wife is director of alumni programs. Thomas cited administrative costs as the rationale for eliminating Bainter’s job. Bainter, though, had close professional relationships with some of Thomas’s opponents.

In dismissing Bainter, Thomas had disrespected a Macomb favorite son. “That was kind of the final straw, because Brad’s a local kid,” said W. Garry Johnson, an emeritus vice president for student services who worked at Western for 33 years. Firing Bainter was “the dumbest thing that could have ever happened,” Johnson said, because it alienated any remaining supporters Thomas might have had.

The backlash was swift. Days later, the executive committee of the university’s foundation board sent a letter to Western’s trustees, calling for Thomas’s ouster and Bainter’s reinstatement. Soon after, the Alumni Council followed suit with a resolution.

As the town rose up against Thomas, state officials sounded an alarm about the racial overtones of the campaign to remove him.

In early June, Jesse H. Ruiz, deputy governor for education, warned Western’s trustees about the bigotry that was flooding his inbox. He forwarded to the board one of “many” racist emails that he had received about the president, this one accusing Thomas of admitting low-income students as part of a “social experiment of using WIU as a form of welfare.”

“Many of the free and reduced students have brought with them criminal elements and family members who ride their coat tails which has negatively effected [sic] this community,” the person wrote.

In reality, total crime in the city dropped by about 60 percent from 1991 to 2015, according to the latest federal data.

In his email to the trustees, Ruiz urged the board to “stand up to these misinformed and misguided attacks.”

* The article also quoted WIU senior Janiya Haynes

She noticed a group of men in a red pickup truck at a nearby intersection. They yelled a racial epithet at her, Haynes said, and warned that black people “shouldn’t be out at night.”

* In response, Heather McMeekan, the president of the Democratic Women of McDonough County, has published an open letter to Macomb’s mayor and city council

The entire article about our community was profoundly distressing, embarrassing, and consistent with the experiences of members of our organization, campus, and community. It shows a community that has chosen to ignore these issues for far too long. However, we wish to address specifically the abhorrent behavior described in the article by unknown person or person(s) in a “red truck” targeting some members of our community for behavior ranging from verbal harassment to explicit threats.

I personally witnessed a truck with that description displaying flags consistent with the White Supremacist movement in the Aldi’s parking lot in February of 2018. I have sent that photo to the Office of Public Safety Director Derek Watts and WIU’s President, Dr. Martin Abraham.

Our organization has members who have students, friends, or family members who have reported to us having had similar experiences with a truck matching that description. We have also had community members reach out to our organization over the past year with similar accounts, which we always encourage all to report to the police. However, in every single case, those reporting such incidents to us also have reported lack of trust in the police to properly investigate such incidents without retaliation against those making the complaint. Therefore, this behavior targets those already perceived as being marginalized and who also express the belief or perception they aren’t safe from our own police.

* The truck…

  61 Comments      


Pension payments to rise a little above GOMB projections

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Hannah Meisel at the Daily Line

Illinois will need to contribute $9.8 billion to its five state pension systems during the 2021 fiscal year, according to new actuarial estimates published last week, representing a $538 million increase in pension costs from what the state is paying to the five systems in the 2020 fiscal year.

The total amount of pension costs included in the current fiscal year’s budget is $9.2 billion — which represents 22 percent of the total amount of state spending in the current $40.7 billion budget. The Governor’s Office of Management and Budget estimates the state budget for the 2021 fiscal year will grow to $42.2 billion, and the estimated $9.8 billion in pension contribution costs for the state’s five pension systems would represent 23 percent of the state’s operating budget.

When debt service payments for past pension bonds — including pension funding bonds from the 2003, 2011 and 2020 fiscal years — are included, along with the state’s contribution to Chicago Teachers’ Pension Fund normal costs, the total amount of pension costs the state expends represents over a quarter of the state’s overall operating budget. Illinois is projected to spend $708 million in debt service for its pension bonds in the 2020 fiscal year.

* The breakout

General Assembly Retirement System: $27.3 million
Judges’ Retirement System: $148.6 million
State Employees’ Retirement System: $2.5 billion
State Universities Retirement System: $1.99 billion
Teachers’ Retirement System:

    Based on Illinois statute: $5.1 billion
    Based on TRS Board Actuarial Funding Policy: $8.3 billion

GOMB’s latest five-year forecast projected state pension fund spending would rise by $498 million next fiscal year, about $40 million below what will actually be required. GOMB has projected a General Funds deficit of $1.768 billion next fiscal year.

  32 Comments      


“A state-supported scam”

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Scott Reeder…

Just call it a state-supported scam.

Once upon a time, parking enforcement was the purview of meter-maids on scooters tooling from spot to spot.

Today, it is big business.

For example, in 2008, Chicago received $1.15 billion when it signed a 75-year lease with a private outfit called Chicago Parking Meters LLC.

Within a decade, they have already collected revenue greater than their initial payment by jacking up parking fees and zealously enforcing meter times. And please note they have 64 years remaining on the lease.

It seems rather unfair that when folks fall behind in paying this outfit owned by a Wall Street bank and the Middle Eastern emirate of Abu Dhabi, they can have their driver’s licenses suspended by the state of Illinois.

Why should the power of the state be used to benefit a particular money-making enterprise?

Imagine a landlord or credit card company telling someone who has fallen behind on payments that if they don’t pay up, the state will suspend their driver’s license.

Not only would that be unfair, it also wouldn’t make much sense. After all, how is someone supposed to pay what they owe if they don’t have a way to drive to work?

But that is exactly what the state of Illinois does in helping companies and cities collect parking fees.

Illinois is one of 44 states that have policies of suspending driver’s licenses over unpaid fines, fees or court debts.

Last week, the Illinois General Assembly passed a measure that would end the practice of suspending licenses for unpaid parking fines. The measure awaits Gov. J.B. Pritzker’s consideration.

A high percentage of those suspensions affect drivers from low-income, black neighborhoods in Chicago and its suburbs ProPublica Illinois has reported.

Many of those affected have been unable to drive legally for years but do so anyway. If pulled over, they face further fines, fees and even jail time. This can exasperate a cycle of poverty that many spend decades trying to escape.

The bill on the governor’s desk also restores driving privileges for some 55,000 individuals whose licenses are currently suspended.

Passing this measure, is a smart move on the part of lawmakers. And I’m hopeful Pritzker will sign the measure.

But the underlying policy of paid, on-street parking needs to be examined. The practice deters people from doing business in central city locations and places downtown businesses at a disadvantage.

Communities such as Rock Island have moved away from this antiquated practice.

Beginning in 2016, it removed its parking meters and increased the time limit on most downtown parking spots from two to four hours.

Too often, cities have viewed parking policy as merely a means to generate revenue rather than an asset that should be promoted and used to make for a more vibrant, user-friendly community.

Debt-based license suspensions don’t protect or promote safer communities. They are indicative of an intrusive government that is callous toward the most vulnerable among us.

The Illinois Legislature made a step in the right direction by passing this measure. No one should have a license suspended for any non-safety related matter.

* Related…

* Lightfoot’s decision to eliminate library fines triggers 240% increase in book returns

  28 Comments      


Corruption roundup

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Dave McKinney, Dan Mihalopoulos and Tony Arnold at WBEZ

Veteran lobbyist and City Club of Chicago President Jay Doherty has stopped working for embattled, longtime client Commonwealth Edison, according to a disclosure document he filed Monday with Illinois officials. […]

Also Monday, records show Doherty informed state officials he was no longer going to lobby for Fer-Pal Construction. WBEZ reported last week that both Doherty and the firm co-owned by influential Chicago Ald. Gilbert Villegas — who is Mayor Lori Lightfoot’s floor leader — had been lobbying for Fer-Pal.

ComEd signed Villegas’ lobbying company, Elgin-based Stratagem Consulting Group, in January to a one-year, $5,000-a-month deal. But the utility, which has a monopoly over virtually all of northern Illinois, cut ties with Stratagem last month and executives have not explained why they did so.

He still appears to be lobbying with Jordan Matyas at Catalyst Consulting Group, however. Matyas is Speaker Madigan’s son-in-law.

* Rachel Hinton at the Sun-Times

Cook County Democratic Party leaders voted unanimously Monday to ask former state Rep. Luis Arroyo [the 36th Ward Democratic committeeman] to step down from their ranks — and plan to send a letter to indicted Ald. Ed Burke requesting he relinquish the party post he’s held for more than half a century. […]

On Monday, the Cook County Democratic Party’s 10-member Executive Committee voted to formally request the resignations of Burke and Arroyo because they had been charged with crimes, Delmarie Cobb, a spokeswoman for the party, said.

The vote was unanimous, although Ald. Carrie Austin, the 34th Ward committeeman, did not attend the meeting or vote. Austin herself was named in a federal grand jury subpoena earlier this year, prompting FBI agents to remove files and equipment from her Far South Side ward office. Like Solis, she has not been charged with any wrongdoing.

* Dan Petrella and John Byrne at the Tribune

On Friday, Ald. Carlos Ramirez-Rosa, the 35th Ward Democratic committeeman, called on Arroyo to step down before the vote to replace him. “I’m not going to be part of the process where he’s filling the vacancy,” said Ramirez-Rosa, who has about 11% of the vote.

Sen. Robert Martwick, who has about 9% of the vote as 38th Ward committeeman, said he “certainly would not participate in him choosing his successor.”

Ald. Ariel Reboyras, who as 30th Ward committeeman controls the second-largest share of the vote at nearly 19%, said he will take part, regardless of whether Arroyo is involved. As treasurer of the Cook County Democratic Party, Reboyras was among the executive committee members who voted to request Arroyo’s resignation.

So, if Arroyo stays, he could cut a deal with Reboyras to appoint his replacement.

* John Byrne at the Tribune

Chicago’s new 25th Ward alderman filed an election complaint Monday saying his predecessor, Daniel Solis, improperly used hundreds of thousands of dollars from the ward’s Democratic organization to pay lawyers to represent him in a federal investigation of his spending.

Solis is at the center of the spiraling FBI probe at City Hall. He secretly wore a wire while cooperating with federal investigators after they confronted him with evidence of his alleged wrongdoing they had compiled during a two-year investigation, according to a federal affidavit in the case. […]

Now, Ald. Byron Sigcho-Lopez, who took over from Solis representing the ward that includes Pilsen, Chinatown and part of the South Loop, filed a complaint with the Illinois Board of Elections, arguing Solis violated the Campaign Disclosure Act by transferring $220,000 from the 25th Ward Regular Democratic Organization to cover his legal costs. […]

Sigcho-Lopez said Solis hasn’t been fulfilling his duties as committeeman, so he shouldn’t be allowed to tap into the party funds. “More than anything else, it raises attention of this common practice,” Sigcho-Lopez said. “The election law says you can use the political fund for legal fees, but the legal fees have to be relevant to your office or the purpose it was collected for.”

* Related…

* ‘What’s wrong with you guys?’ Arroyo scolded tollway after it dumped his donor

* Hastert hush-money sex abuse lawsuit trial delayed until spring

  9 Comments      


*** LIVE COVERAGE ***

Tuesday, Nov 5, 2019 - Posted by Rich Miller

* Follow along with ScribbleLive


  Comments Off      


« NEWER POSTS PREVIOUS POSTS »
* Reader comments closed for the weekend
* Isabel’s afternoon roundup
* Showcasing The Retailers Who Make Illinois Work
* Indictment alleges NYC mayor gamed campaign reform to scam $10 million out of taxpayers
* The Importance Of Energy Storage
* Big staff changes announced for Pritzker’s communications team
* Question of the day
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition and some campaign updates
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

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