* Tribune…
A federal bankruptcy judge said Tuesday afternoon that Gov.-elect Bruce Rauner’s former investment firm won’t be held responsible for a fraudulent scheme to avoid liability in costly nursing home death lawsuits. […]
The judge found that those partners, headed by New York businessmen Murray Forman and Leonard Grunstein, were responsible for a ruse to hide the assets after the 2006 purchase of nursing home assets from the GTCR-controlled company. […]
[Judge Michael G. Williamson] called GTCR’s investment in the nursing home business “a financial disaster” triggered by misstated earnings that made the business vulnerable to its creditors and landlords starting in 2002. […]
Williamson said he believed [GTCR’s front man in the nursing home business, former principal Edgar D. Jannotta’s] contention that was “duped” by Forman and Grunstein, and said Jannotta had no way of understanding the circumstances around the New York investors’ move to place the liability-ridden subsidiary of the company under the ownership of an elderly graphic artist who had no knowledge of the company.
Wow.
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Question of the day - Golden Horseshoe Awards
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* The 2014 Golden Horseshoe Award for Best Republican Illinois State Senator goes to Matt Murphy. Oswego Willy’s nomination stood out…
In a Caucus that finds itself at times an echo chamber for thenselves to be in agreement with each other, what’s needed to break out of that cycle is someone who is willing to lead and make the case beyond talking points and at times frustration or anger.
Sen. Matt Murphy has consistently been a rational voice in a Minority Caucus that at times seemed pleased to be seen as the “Caucus of No”. Sometimes the way you present your thoughts is even more important than the points you’re making.
Sen. Murphy also understands what his district expects from him and balances his responsibility to his district and the state as well as anyone, and that shows someone who clearly understands who they are and how to serve the people.
I nominate Sen. Matt Murphy in hopes that his thoughtful ways will lead to the Caucus understanding that being for “No” after January won’t be a leadership trait, but working to make the case for what can be done will be embraced more outside the echo chamber.
* The 2014 Golden Horseshoe Award for Best Republican Illinois State Representative goes to Mike Bost…
Representative Mike Bost leaves the Illinois House of Representatives with a legacy of candor and being a tireless advocate for downstate Illinois. The Republican House leadership has a big void to fill.
During this legislative session, he was among a group of only 15 Republican House members who voted “yes” for important legislation that extended the hospital Medicaid Assessment Program and increased Medicaid funding for nursing homes. Although not popular subjects in the Republican Caucus, Representative Bost cast his vote for what he described as “the right thing to do for my district.”
His victory in Congress was achieved in a district that had repeatedly sent a Democrat to Washington, D.C. Bost out - worked the incumbent Democrat and was rewarded with the victory. Congress is gaining an experienced legislator who will not forget from where he came!
Both are well-deserved recipients.
* OK, on to today’s categories, with last year’s winners in parentheses…
* Best Illinois Congresscritter (Mike Quigley)
* Best “Do-Gooder” Lobbyist (Khadine Bennett)
Yes, these are disparate categories. Sorry about that, but we’re running out of time. Please do your best to nominate in both categories and explain your nominations or they won’t count.
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Everybody just needs to calm down
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Mark Brown…
Ever since the November election, Quinn has seemed either determined to embarrass the people who voted for him — or indifferent when he does so — beginning with his Election Night refusal to concede defeat.
He followed that up with the wrong-headed decision to allow his appointees on the Illinois Sports Facilities Authority to hire his campaign manager for the lucrative job of executive director.
Now, we have him flirting with the idea he has the power to appoint a constitutional officer who could continue to serve until the next election — up to four years into the future. […]
Rauner, for his part, ought to take this opportunity to show he’s going to be the kind of politician he claimed during the campaign by embracing the call for an election that would limit the term of the person he appoints. […]
If this ends up in a court fight at this stage, it’s Quinn’s fault, plain and simple. If Rauner gets in the way of a special election, that’s on him.
While I’m kind of an agnostic on whether we should hold a special election in 2016 (when the Democrats will have a much better shot at picking up that office), I can’t disagree with the rest of Mark’s column.
If Quinn makes this power play, contrary to the attorney general’s constitution opinion, it’ll be yet another stain on his already tarnished legacy. He has two choices here: 1) go out as a statesman or 2) go out as a partisan hack.
* As far as I can see the only politician showing true class in this whole saga has been Speaker Madigan. He has maintained a respectful silence throughout, except to encourage Quinn and Rauner to work things out.
The attorney general has also proved her worth by siding against her own party’s governor because she believes her interpretation of the law and the Constitution are far more important.
Rauner has attempted to interfere with Quinn’s rightful, temporary choice (although I do like Rauner’s suggestion). He has claimed that a special election would be unconstitutional when it clearly is not. Senate President Cullerton has once again rushed to the sound of the guns and flip-flopped along the way.
* And just when I thought I’d seen it all, Sheila Simon attempted to be relevant again with a Tribune op-ed…
Illinois needs a comptroller, and the opportunity to appoint one is an opportunity to consolidate two state offices. With the sudden death last week of Illinois Comptroller Judy Baar Topinka, I recommend that Gov. Pat Quinn and Gov.-elect Bruce Rauner agree to appoint Treasurer-elect Mike Frerichs to serve also as comptroller.
In the races for comptroller and treasurer this year, one of the issues frequently discussed was combining the offices. There was agreement among the candidates, across party lines, that functions of the two offices could be shared.
Most candidates favored a constitutional amendment to achieve the consolidation. I recognized that there was not support in the Illinois House to get this done, so I proposed a speedier way — sharing functions of the two offices through intergovernmental agreement.
Right now our state has the chance to take a shortcut to combining the offices, by having one person serve in both positions.
I’ve heard this suggestion numerous times. And just about every time, I’ve checked in with the Frerichs folks. They have maintained all along that they definitely do not want to get dragged into this mess, but they haven’t yet officially responded to a request for comment about Simon’s op-ed.
Either way, just as Rauner should refrain from telling Quinn whom to appoint, Simon ought to stay out of Rauner’s choice - especially since Frerichs has admirably steered completely clear of this whole mess.
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*** UPDATED x1 *** Eavesdropping concerns
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Matt Dietrich…
A new version of the 50-year-old Illinois eavesdropping law arrived yesterday on Gov. Pat Quinn’s desk. If signed, it will let Illinois citizens record the actions of law enforcement officers on duty.
For the sake of the many social media conspiracy theorists who have spent the last several days madly posting otherwise, I will repeat: If Gov. Quinn signs this bill into law, you will be able legally to videotape police officers on duty and working in public.
I’m not sure how this caught fire and spread so quickly on Facebook and Twitter, because the whole point of the eavesdropping law revision was to remove language that made it a felony for any citizen to record a law enforcement officer on duty. It was that portion of the eavesdropping law that made it both unconstitutional and absurdly antiquated.
* The bill’s sponsor, Sen. Kwame Raoul, wrote this in the Sun-Times…
Under this proposed law, the public maintains the right to record police because police have no reasonable expectation of privacy while doing their job in public.
The problem with these explanations is the phrase “in public.” I asked the House sponsor of this bill after it passed whether citizens could record police officers while in their own home. That’s not exactly “public.” The sponsor said that situation could be a problem.
* So, I agree with the Illinois Policy Institute on this particular issue…
Under the new bill, a citizen could rarely be sure whether recording any given conversation without permission is legal. The bill would make it a felony to surreptitiously record any “private conversation,” which it defines as any “oral communication between 2 or more persons,” where at least one person involved had a “reasonable expectation” of privacy.
When does the person you’re talking to have a reasonable expectation of privacy? The bill doesn’t say. And that’s not something an ordinary person can be expected to figure out.
A law must be clear enough for citizens to know in advance whether a particular action is a crime. This bill doesn’t meet that standard, which should be reason enough for a court to strike it down if it becomes law.
* Also, Mark Wilson at FindLaw…
Illinois’ new law probably isn’t as bad as the critics claim, but its emphasis on “reasonable expectations of privacy” does mean that there will likely be disputes about enforcement, with police and citizens disagreeing over whether a conversation is private or public.
*** UPDATE *** From Ed Yohnka at the ACLU…
The eavesdropping bill on the Illinois Governor’s desk prohibits the recording of *private* conversations absent all-party consent or a warrant. It defines *private* to mean when a person intends the conversation to be private under circumstances that reasonably justify that expectation. Thus, there will be a statutory limit on recording private conversations, and no limit at all on recording non-private conversations.
When is a conversation private? That term in the Illinois statute is the same or nearly the same as similar terms in the federal eavesdropping statute and scores of state eavesdropping statutes that have been on the books for many decades. A host of judicial decisions, interpreting these statues and also the Fourth Amendment, have addressed whether people have a reasonable expectation of privacy in a variety of conversations involving a variety of circumstances. If the Illinois Governor signs the bill on his desk, the new statute’s line (was the conversation private?) will be interpreted in light of this well-developed body of judicial precedent.
When do police have a reasonable expectation of privacy? Police clearly do not have a reasonable expectation of privacy against recording by civilians when they are on-duty in a public places and speaking at an ordinary volume. This was a holding of *ACLU v. Alvarez*, which protected the First Amendment right of civilians to audio record such non-private police conversations. But this is just one of the many circumstances in which police do not have a reasonable expectation of privacy. On-duty police generally will have no reasonable expectation of privacy when they speak to civilians, including in many non-public places. For example, police cannot reasonably expect to be free from audio recording by a home owner when they enter a private home to enforce a warrant, or by a suspect being interrogated inside a stationhouse interrogation room. *ACLU v. Alvarez* is just one of the many judicial decisions finding that on-duty police lacked a reasonable expectation of privacy against recording by the civilians they speak with. On the other hand, two off-duty police officers might have a reasonable expectation of privacy when they speak together in a squad car with the windows up and no one else present, or whisper to each other in a deserted public park. Whether the location of the conversation is public or private is one relevant factor among many in deciding whether there was a reasonable expectation of privacy.
When do other government employees have a reasonable expectation of privacy? In light of the case law, on-duty government officials who knowingly speak with members of the public as part of the performance of their government jobs will generally not have a reasonable expectation of privacy against civilian recording of those conversations.
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The power of Joe
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* During the last week of veto session, famed trial lawyer Joe Power (the guy who did more to bring down George Ryan than almost anyone else) showed up in Springfield to testify in favor of a bill that he said was his idea. Power’s bill would cut the number of jurors in civil trials by half and raise their pay. The legislation was said to be cost-neutral and flew out of both chambers over GOP objections.
But it’s not cost neutral…
It would triple the amount Cook County spends on jury pay, from the $3.1 million budgeted in 2015 to $9.5 million. Lake County taxpayers would have to come up with another $500,000. Will County would have to find $300,000.
* And the Tribune expects something else is at work here…
Smaller juries require smaller jury pools, so fewer citizens get those pesky summonses. Six-member juries can be seated more quickly, and their deliberations are shorter. They reach consensus more easily and deadlock less often. They’re more efficient, in other words. But there’s a trade-off.
Larger juries are more diverse, which means they’re more likely to reflect the views of the broader community. The quality of their deliberations is higher — they have better collective recall of the testimony, and the debate is more rigorous. With more voices, it’s less likely that a single juror will dominate the discussion and more likely that a dissenting juror will have an ally.
Most tellingly, larger groups have a moderating effect on the size of jury awards. […]
Given the choice, plaintiffs’ attorneys usually opt for six jurors; attorneys who defend against those lawsuits want 12.
There are times when major legislation needs to be passed in a hurry. This was not one of those times. The Democrats did this as a favor to the trial lawyers because they knew Bruce Rauner wouldn’t back the idea.
* Related…
* Madison County, Illinois named one of the nation’s five worst “judicial hellholes”
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*** UPDATED x1 *** Rauner to speak on budget
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* Oh, this ought to be rich…
Gov.-elect Bruce Rauner plans to speak about the state budget at a Better Government Association event.
Rauner is scheduled to make the remarks today during a luncheon in Springfield.
The event starts at 11:30 at the Sangamo Club. Rauner hasn’t said much about the budget beyond how it’s worse than anybody thought. And the BGA’s Andy Shaw isn’t exactly known for his state budget acumen. But one of the members of Shaw’s “Springfield advisory council” is Mike Lawrence, who has plenty of experience on the issue. Hopefully, Mike will be able to get a word in edgewise.
* You can watch live coverage of the event via BlueRoomStream, by clicking here. I’ll get a ScribbleLive thingy up and running as well, so check back here.
…Adding… You can also listen live on WMAY and online at the station’s website. Also, BlueRoomStream says there’s poor Internet access at the Sangamo, so it can’t stream the event live.
*** UPDATE *** Yikes. I’m late to the party. Here’s your feed…
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Rauner has pricey VIP inauguration packages
Tuesday, Dec 16, 2014 - Posted by Rich Miller
* AP…
Gov.-elect Bruce Rauner’s inaugural festivities will include a dinner at the Capitol, a concert at the Prairie Capital Convention Center and a free event at the Abraham Lincoln Presidential Library and Museum.
The Winnetka Republican launched a website Monday with a schedule for the 2015 inauguration.
Rauner takes the oath of office during a ceremony Jan. 12. Rather than the traditional inaugural ball that evening, he’s planning a concert with a yet-to-be-named “famous musical act” at the PCCC.
Concert tickets are $125. Tickets for an inaugural dinner and reception are $1,000 per person.
Other events are free. They include admission to the museum on Jan. 11 and an open house with Rauner and other elected officials at the Old State Capitol on Jan. 12.
The website is here.
* I told subscribers almost two weeks ago about some expensive “VIP” packages that the Tribune reports aren’t advertised on Rauner’s new website…
Illinois Gov.-elect Bruce Rauner has announced the first details of next month’s inaugural festivities, including an offer of lead sponsorships at $25,000 and dinner at $1,000 per person.[…]
The not-for-profit inaugural committee formed for the event has listed a range of sponsorships providing special VIP seating to various events with levels ranging from $2,500 to $25,000.
Sponsorships of $10,000 and $25,000 offer tickets to a “private after party” following the Sunday dinner and to a special post-inaugural governor reception and dinner the following day. Those events were not listed at the inaugural committee’s event and ticket website, illinoisinauguration.com. […]
Among those named as honorary co-chairs for the inaugural event was David MacNeil, the founder and CEO of Bolingbrook-based MacNeil Automotive Products Ltd., which manufactures WeatherTech car mats. MacNeil gave $218,750 to Rauner’s campaign, state records show.
…Adding… The headline for this post was changed after a commenter pointed out that if you look beyond the inauguration schedule page, and click the “menu” button in the upper right-hand corner, you will see the list of “sponsorship” opportunities…
Inaugural Lead Sponsor $25,000
Included Benefits:
• 1 Table (8 tickets) to Official Inaugural Dinner on Sunday, January 11th with VIP seating
• 4 Tickets to Private after Party on Sunday, January 11th
• 4 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 4 Tickets to Governor Reception & Dinner on Monday, January 12th
• 4 Tickets to Inaugural Concert on Monday, January 12th
• Listed as Lead Sponsor on signage at Inaugural Events, in Inaugural Program, on other printed materials and website
Inaugural Supporting Sponsor $10,000
Included Benefits:
• 4 tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Private after Party on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Governor Reception & Dinner on Monday, January 12th
• 2 Tickets to Inaugural Concert on Monday, January 12th
• Official Recognition in Inaugural Program
Inaugural Sponsor $5,000
Included Benefits:
• 4 Tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Inaugural Concert on Monday, January 12th
Capitol Sponsor $2,500
Included Benefits:
• 2 Tickets to Official Inaugural Dinner on Sunday, January 11th
• 2 Tickets to Inaugural Ceremony on Monday, January 12th with VIP seating
• 2 Tickets to Inaugural Concert on Monday, January 12th
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Speakers announced for Topinka memorial
Monday, Dec 15, 2014 - Posted by Rich Miller
* An interesting lineup…
SCHEDULE FOR WEDNESDAY, DECEMBER 17, 2014:
WHAT: TOPINKA MEMORIAL SERVICE
WHEN: 9:30 a.m.
WHERE: Local 150
6200 Joliet Rd., Countryside
SPEAKERS INCLUDE:
Illinois Governor Pat Quinn
Illinois Governor James R. Thompson
Illinois Governor Elect Bruce Rauner
Illinois Auditor General William Holland
Capitol Fax Publisher Rich Miller
TV & Radio Personality Roe Conn
Topinka Chief of Staff Nancy Kimme
Joseph Baar Topinka
This does not affect my City Club speech. We’re gonna start that on schedule.
* Also, if you’re coming to the City Club thing, make sure to bring a toy. We’re collecting toys for Lutheran Social Services of Illinois’ children’s programs. From Tweed Thornton at the City Club…
Like last year, Lutheran Social Services of Illinois will be on hand before and after the luncheon with Rich Miller to collect wrapped toys for children. The toys should target ages 3-5 and/or individuals can donate gift cards from places where children’s toys are sold.
Lutheran Social Services of Illinois early childhood programs have been in existence for more than 40 years, providing high quality, diverse and culturally sensitive services for children and families in some of Chicago’s most economically disadvantages neighborhoods. LSSI’s mission is to create a stimulating learning environment that promotes social competency and school readiness for preschool age children who are academically and economically at risk.
Please consider donating to them on Wednesday. We look forward to seeing you soon.
More info is here.
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* Pantagraph…
In a sign that replacing Judy Baar Topinka could become an even bigger political battle, Republican Bruce Rauner says he plans to appoint a replacement who will serve the entire four years of the deceased comptroller’s next term.
Just hours after Illinois Attorney General Lisa Madigan said voters should get a say in selecting a replacement for the late comptroller, Rauner issued a statement saying he believes he’s got the Illinois Constitution on his side when it comes to appointing someone to the post.
“The constitution requires that Bruce appoint a comptroller to a four-year term and that is how we plan to proceed,” Rauner spokesman Mike Schrimpf said
That statement sets up a potential showdown between Democrats who control the House and Senate and the newly elected Republican from Winnetka over how to handle the vacancy created when Topinka died unexpectedly Wednesday.
* The full Rauner spokesman quote…
The imminent legal issue on this matter is settled – there are two appointments to fill the Comptroller vacancy. Our further legal analysis finds that the timing for elections of Constitutional officers is established by the Constitution, not by a statute, so a special election would be problematic. The Constitution requires that Bruce appoint a Comptroller to a four-year term and that is how we plan to proceed.
* However, I think supporters of the special election idea would point to this phrase in the “Vacancies” section…
The appointee shall hold office until the elected officer qualifies or until a successor is elected and qualified as may be provided by law
That certainly leaves open the possibility of a special election if the GA decides to hold one. Con-Con delegates discussed this as well (see page six of the pdf).
* However, the Pantagraph story also contains this passage…
[Attorney General Madigan’s] analysis prompted Senate President John Cullerton, D-Chicago, to begin reviewing dates for when lawmakers could be brought back to town. One date under consideration is Jan. 8.
Um, OK. So, how’s Cullerton gonna do that on his own? I checked in again with the House Speaker’s office this afternoon and received the same reply about a special session that they provided last week. The Speaker wants the executive branch to work this problem out.
In other words, all this talk of a special session to “do something” is for naught unless everyone - first Quinn and Rauner, and then Cullerton, Speaker Madigan and the two GOP leaders - are on board.
A horse can’t walk on two legs, and neither can this special session idea. It’s gonna take more than Quinn and Cullerton to make it happen.
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Today’s number: 132,500
Monday, Dec 15, 2014 - Posted by Rich Miller
* Dave Dahl…
Despite a new report painting Illinois as a job-loser – particularly in terms of the number of jobs it has lost to China in recent years – a state business leader chooses to look ahead.
“The manufacturing sector, beginning in the year 2000, had roughly 900,000 jobs. Today we’re at roughly 600,000,” says Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers’ Association. “Since the year 2010, Illinois has seen a small rebound in manufacturing jobs; we’ve gained about 17,000.”
The Economic Policy Institute says Illinois ranks fourth in the nation in number of jobs lost to China – 132,500 – this century. Denzler says one reason is that Illinois and the states above it – California, Texas, and New York – are among the most populous states in the nation.
* The study is here.
According to the report, Illinois’ 6th Congressional District, represented by Peter Roskam, was one of the hardest hit in the country, with computers and electronic parts accounting for 75.5 percent of the jobs lost.
The 8th CD ranked 56th on the list, with the 10th closely behind at 58th.
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Succession jockeying
Monday, Dec 15, 2014 - Posted by Rich Miller
* Tackiest Facebook page of the week…
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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Question of the day
Monday, Dec 15, 2014 - Posted by Rich Miller
* Judy Baar’s passing knocked the annual awards out of the picture for a while. We’re now way behind schedule, so we need to get back on track.
Comptroller Topinka was runner-up last year for the Best Statewide Officeholder Golden Horseshoe, so I’d ask for acclamation on giving her the award this year and naming it after her going forward. Hearing no objections, it is so ordered.
* OK, we have two other awards to give today. Voting was close last week, but the 2014 Golden Horseshoe for Best Democratic Illinois State Senator goes to Andy Manar…
Sen. Andy Manar for the Senate not for his commendable work on school funding but for navigating through a tricky district incredibly well, so well that he doesn’t get credit. Conservatives I know love the guy despite knowing many votes he has taken that drive them crazy. Liberals I know love the guy too despite a few votes he has taken. Even his political enemies respect him. He manages complex policy issues well and he manages the politics of a conservative district well which is why he was easily re-elected. Not too many members of the Senate represent districts as difficult as Sen. Manar.
* The 2014 Golden Horseshoe for Best Democratic Illinois State Representative goes to Mike Zalewski…
He’s shepherded some huge issues through the State House and been a key negotiator on others. He has the respect of everyone in the chamber and has the ability to reach across political and geographic barriers. His future is exceptionally bright.
* Today’s categories, with last year’s winners in parentheses…
* Best Illinois State Senator - Republican (Senate GOP Leader Christine Radogno)
* Best Illinois State Representative - Republican (Rep. Ed Sullivan)
* As always, please do your very best to nominate in both categories and make sure to explain your nominations or they won’t count. Thanks.
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* 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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Honoring and remembering JBT
Monday, Dec 15, 2014 - Posted by Rich Miller
* My Crain’s Chicago Business column…
When the shock finally wore off after learning that Illinois Comptroller Judy Baar Topinka had died, I started wondering what she’d want to happen next.
Who would she want to replace her? How would she want this transition handled? How would she want to be remembered?
I figured she’d probably want Rep. Tom Cross, R-Oswego, to take her place. Topinka helped persuade Cross to run for state treasurer.
And that’s when it hit me. I’m not sure why I was so dense. Blame it on the grief.
Go read the rest before commenting, please. Thanks.
* My syndicated newspaper column…
Comptroller Judy Baar Topinka had a stroke the morning of Dec. 9, but that’s not what killed her. In fact, by that afternoon, she announced she was going to walk to the restroom. Her chief of staff Nancy Kimme told her not to try because she was paralyzed on her left side. In mocking defiance, Topinka started kicking her no longer paralyzed leg.
By early evening, medical staff told Topinka that she’d be out of the hospital in a few days and would then need three weeks of rehabilitation. The indestructible Topinka appeared to have won again, just like she did after she fell and broke her hip and badly injured her back after giving a speech in 2012. The accident slowed her down, but it never stopped her, never silenced her, never broke her spirit, never stopped her from running for re-election.
What finally felled Topinka was completely unexpected. Hours after her speedy recovery, Topinka fell asleep. A massive blood clot somehow withstood her blood-thinning medication and got around a clot trap installed beneath her rib cage and entered her lung.
The end came quickly.
In a matter of seconds, we lost not only one of our state’s strongest voices for financial prudence, its most consistently successful female statewide elected official, its most pro-union, pro-gay rights Republican, but also its most human politician.
My brother Doug met Topinka when he was with me at an event. Doug posted this on his Facebook page the day she died: “She was the first statewide elected official I ever met that I thought ‘Hey, she’s just a regular person like the rest of us.’”
Judy only talked down to dunderheads. Everyone else was treated like an old friend, and she just had that way about her that you knew she meant it.
I once had lunch with Judy in her west suburban state Senate district. She took me to a local Bohemian place and I barely got to talk to her. She knew, by name, just about everyone at that restaurant. People literally lined up to shake her hand and chat with her the entire time we were there. She’d hug them, ask about their children, their aunts, their cousins, mostly by name. She never lost that smile, even while she was eating.
She often told stories about when she served in the Illinois House of Representatives during the height of the Equal Rights Amendment debate. Ultraconservative women, she’d humorously recall, would often grab her arm, fall to their knees and pray for her.
What did you do? I asked.
“I let them pray!” the ERA supporter hooted. She thanked them for their prayers and continued on her merry way.
Topinka was elected to the Illinois Senate in 1984, after first building a House constituent services program unlike almost anywhere else. Her phone number was always public, and she would get calls at her home at all hours, once from a constituent during the middle of the night with a cat up a tree. She served not only her own constituents, but also those who lived in the neighboring district represented by former Democratic Senate President Phil Rock, who was often too busy with the affairs of state to handle mundane constituent requests.
Born to immigrant parents, Topinka graduated from Northwestern University’s Medill School of Journalism. She went on to write a column called “Let’s Talk” for the Berwyn-Cicero Life newspaper. Former state Rep. Jack Kubik, who once represented half of Judy’s Senate district, said it was the most-read column in his family’s newspaper. It was all about political stuff that nobody else was writing about. The two of us were a natural fit.
I first encountered Judy not long after I was hired as Hannah Information’s Statehouse columnist in 1990. She was fascinated by the company’s “new wave” technology and my “alternative” form of journalism. Her Senate office quickly became my second home.
Few would talk to me back then because I wasn’t anybody. We were both “nobody what nobody sent” and we reveled in it. Topinka was elected to her first House term over the opposition of the local party bosses. I started writing about Statehouse politics for a little technology startup.
Judy helped teach me how to be successful in this crazy business. She also taught me to treat strangers and acquaintances like old friends, because one day they could be.
I loved that woman.
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