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Topinka wants legal review of veto

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* From Comptroller Topinka…

This morning the Governor notified my office of his intention to eliminate the salaries and stipends of members of the General Assembly.

While I understand and appreciate the Governor’s focus on pension reform, real questions have been raised about the legality of his action.

Specifically, Section 11 of our State Constitution states that ‘changes in the salary of a member shall not take effect during the term for which he has been elected.’

Therefore, I have requested a legal review which should be completed before lawmakers are scheduled to receive their next paychecks on August 1, 2013.”

posted by Rich Miller
Wednesday, Jul 10, 13 @ 12:42 pm

Comments

Maybe somebody should request a legal opinion from the Attorney General?

Comment by 47th Ward Wednesday, Jul 10, 13 @ 12:45 pm
Common sense prevails?

Comment by Nickypiii Wednesday, Jul 10, 13 @ 12:45 pm
Quinn’s actiion is every bit as constitutional as the GA’s attempts to change existing pensions …

Comment by RNUG Wednesday, Jul 10, 13 @ 12:51 pm
Adult

Comment by Rail Sitter Wednesday, Jul 10, 13 @ 12:55 pm
Amen RNUG. Amen.

Comment by Calhoun Native Wednesday, Jul 10, 13 @ 12:56 pm
I would think this is just as legal as ignoring the contract with AFSCME. How long did that legal battle over employee raises drag on?

Here’s hoping that if the Legislature decides to be stubborn here, that it takes them just as long to get that paycheck.

Comment by ChelseaBlue Wednesday, Jul 10, 13 @ 12:58 pm
well, it will play well with the public, in my opinion. not Topinka, but Quinn. no pay until you solve the problem you created, Legislature.

Comment by Amalia Wednesday, Jul 10, 13 @ 1:01 pm
“And the hits just keep on coming…” - Danny Kaffee.

Sounds like common sense is starting from Comptroller Topinka first in this.

Is Governor Quinn going to hold his breath or stomp his feet first? Or both?

Comment by Anonymous Wednesday, Jul 10, 13 @ 1:01 pm
Maybe somebody should request a legal opinion from the Attorney General? …Sorry,she is much too busy saving us from coffee mugs

Comment by Hank Wednesday, Jul 10, 13 @ 1:02 pm
Sorry, above was me. Stupid “smart” phone…

Comment by Oswego Willy Wednesday, Jul 10, 13 @ 1:02 pm
My thinking is that the right course of action would be for the Comptroller to continue to pay the legislature on schedule until which time that a legal decision is rendered. Does the Governor really want to waste time in court over this? If he continues to push this idea, let him go to court and waste more taxpayer money. This is nothing but a display of adolescent behavior by the Governor, who does not have the respect of the Legislature, and increasingly so by the people of this state. This whole spectacle is embarrassing on his part. I hope Topinka holds firm and refuses to comply with his ordered until the legality of his order is decided by a court.

Comment by Dude Abides Wednesday, Jul 10, 13 @ 1:04 pm
Someone should probably clarify whether she is in fact asking the AG. She is empowered to request opinions related to the scope of her duties- http://illinoisattorneygeneral.gov/opinions/opinionpolicy.pdf

But the statement does not say who is doing the review.

Comment by Will Caskey Wednesday, Jul 10, 13 @ 1:05 pm
The silly season is in full swing. Everyone wants in on the act.

Comment by wordslinger Wednesday, Jul 10, 13 @ 1:11 pm
First pensions, now this, Idi Amin Quinn once again violates the Constitution.

Comment by Tsavo Wednesday, Jul 10, 13 @ 1:12 pm
The comptroller has her own legal staff and she has every right to ask them for advice on this without having to go to the AG.

Comment by State employee Wednesday, Jul 10, 13 @ 1:12 pm
Time for the National Guard to arrest Quinn, suspend the legislature and take over 20% or so of the economy.

Comment by PublicServant Wednesday, Jul 10, 13 @ 1:15 pm
–Maybe somebody should request a legal opinion from the Attorney General?–

I’m sure that’s part of Generalissimo Quinn’s thinking; he plays the populist hombre de la gente while she insists that his action unconstitutional.

The next consequence is calling up the guard and surrounding the Dome. If that fails, Squeezy will be released from Chamber of Secrets.

Comment by wordslinger Wednesday, Jul 10, 13 @ 1:16 pm
The Governor’s move plays in Peoria, whether you like it or not. I would venture a bet that if you polled the issue “Would Governor Quinn be justified in suspending the pay of members of the General Assembly for failure to enact pension reform?” you would find significant support across party lines. Reword it to say “Governor Quinn suspended the pay of career politicians because they failed to fix Illinois’ pension problem. Do you agree or disagree?” That one, of course, would be off the charts. No matter how you word it (and, Quinn will word HIS media how HE wants it) it’s tough to attack him. If I were Shamus Duffy Blackburn or someone eyeing the Topinka seat, I’d be drooling over her going to the courts to seek relief for this very special “class.” Rauner and Daley can’t even carefully craft a response except to dismiss Quinn, which is probably the only thing they can do. For a guy facing two potentially well-funded primary opponents, this is a good move. Forget the “learn to govern” meme; now is the time for hard ball politics. Bring back the Sunday press conferences, Pat! This is Illinois government/politics at its best.

Comment by LicketySplit Wednesday, Jul 10, 13 @ 1:21 pm
Straight from the Blago playbook. Populist and great for media? Yes. Statesman-like and gubernatorial? No. His threats are extremely old. Poor staff advice and makes Daley look like a great alternative with each passing day. Good to see Judy stepping up to call a time out for the kids.

Comment by woodchuck Wednesday, Jul 10, 13 @ 1:22 pm
Squeezy being released from the Chamber of Secrets is the post of the day.

Does anyone here have some video skills? That one could go viral (at least on CapFax).

Comment by Keyrock Wednesday, Jul 10, 13 @ 1:22 pm
Liketyslip: “If I were Shamus Duffy Blackburn or someone eyeing the Topinka seat, I’d be drooling over her going to the courts to seek relief for this very special “class.”

What on earth are you talking about? Who is going to court? Stand down on the crazy, will ya?
Constitutional questions have been raised and a review is prudent but I don’t see any mention of going to court in that statement.

Comment by Raising Kane Wednesday, Jul 10, 13 @ 1:25 pm
Here we go with that pesky old constitution thing again! PQ should take some time to read it and at least try to understand it. Especially the parts about the Executive Branch. I’m sure it would provide old governor Dufus a different perspective! But then again…..

Comment by Old and In The Way Wednesday, Jul 10, 13 @ 1:30 pm
Comptroller Topinka is correct to request a legal analysis of this action. But both the Speaker and the President of the Senate should have been howling about this as a matter of principle and separation of powers. As I stated earlier the Speaker’s comment in relation to this veto was shocking given he was elected to represent the members of the House and has taken an oath to support our Constitution which does include Article II section I on separation of powers.

Comment by Rod Wednesday, Jul 10, 13 @ 1:31 pm
Quinn’s move is smart. The Illinois General Assembly is proving to the nation how worthless it is.

Comment by NW IL Democrat Wednesday, Jul 10, 13 @ 1:31 pm
What is the proportion of “full-time” legislators between the Senate and the House?

Comment by John Bambenek Wednesday, Jul 10, 13 @ 1:32 pm
Shouldn’t Quinn have checked out the legality of his action before stepping up to the microphone?
Or am I expecting too much of him or his staff?

Comment by Wensicia Wednesday, Jul 10, 13 @ 1:33 pm
Quinn’s not much concerned about legality. He’s concerned about re-election. It’s all about the politics.

Pat’s been about the politics since the Walker Administration.

Comment by Keyrock Wednesday, Jul 10, 13 @ 1:35 pm
What we have here is a full blown Charade by the Cook County Players Society, LLC.

Comment by I'm Strapped Wednesday, Jul 10, 13 @ 1:35 pm
If the veto of the approp for paychecks is not constitutional, what about the legislation mandating unpaid “furlough” days?

Comment by John Bambenek Wednesday, Jul 10, 13 @ 1:36 pm
Interesting that Quinn DID NOT veto his own pay while claiming that he would not take the pay. The General Assembly should return and zero out that line item.

Comment by 1776 Wednesday, Jul 10, 13 @ 1:37 pm
Chin up Governor!

Was at a meeting today, where they announced that the governor had suspended the pay for legislators. The news was met with a round of applause.

I was surprised.

Comment by Downstate Wednesday, Jul 10, 13 @ 1:38 pm
hilarious. nothing like a war between skunks.

Comment by Jim Wednesday, Jul 10, 13 @ 1:39 pm
@Raising Kane

Even better. Who does Topinka seek a legal review from? The AG? Nah. Her own chief legal counsel? Bingo. Topinka herself pays the GA because she thinks it’s the right thing to do! Duffy O’Blackburn in 1, 2, 3 . . .

Comment by LicketySplit Wednesday, Jul 10, 13 @ 1:44 pm
“Leadership and statesmanship”, the two mysterious qualities many posters have gauzily projected on long ago governor’s, were as much the result of crony hiring and pork projects as anything. If you believe the Illinois legislature was ever “led” by “statesmen” who didn’t pad the payroll or shovel money for pet projects, I would love to hear of the example. Even saint Edgar had his fill of shady contracts to beknighted firms.

Comment by anonx Wednesday, Jul 10, 13 @ 1:46 pm
==Time for the National Guard to arrest Quinn, suspend the legislature and take over 20% or so of the economy.==

. . . and declare martial law in Chicago and break Blago out of jail and declare him “Figurehead for Life!”

Down to the banana republics, down to the tropical sun . . .

Comment by Anon. Wednesday, Jul 10, 13 @ 1:51 pm
You usually have to pay to see entertainment of this quality. Wait a minute perhaps we should charge for this and use the proceeds to shore up the pension systems.

Comment by kerfuffle Wednesday, Jul 10, 13 @ 1:56 pm
“I’M THE GOVERNOR”

Comment by Lotta Liaison Wednesday, Jul 10, 13 @ 1:59 pm
licketysplit, apparently you are too invested in the crazy to stand it down. And since I haven’t seen you around here much and your one of 5 people in this state who know Duffy Blackburns name, you must have your own agenda. Good luck with that.

Comment by Raising Kane Wednesday, Jul 10, 13 @ 2:02 pm
No matter how bad it gets just be thankful we don’t have a phallic symbol running for mayor and a disgraced john running against his prostitute’s madam for comptroller. It would be worse.

Comment by Downstate Illinois Wednesday, Jul 10, 13 @ 2:02 pm
JB, I believe the furloughs are unconstitutional. The problem is that somebody with standing has to take it to court. IMHO, the Solons are not taking it to court because of the political ramifications.

Comment by Norseman Wednesday, Jul 10, 13 @ 2:08 pm
This is prudent.

This is why the “Constitutionals” have in-house legal counsel. You have to give props that someone recognized there might be a legal question involved in just deciding to stop paying the Mushrooms and everyone else.

Comment by Oswego Willy Wednesday, Jul 10, 13 @ 2:10 pm
Coming to you soon-Squeezys Revenge-The Final Chapter

Comment by Rufus Wednesday, Jul 10, 13 @ 2:11 pm
Management 101: How do you tell a member of the legislature that they are not doing their job when none of them have a job description.

Comment by Makandadawg Wednesday, Jul 10, 13 @ 2:14 pm
The job descriptions are in the IL Constitution.

Comment by Norseman Wednesday, Jul 10, 13 @ 2:17 pm
To be sure, Topinka is free to have her own counsel review the veto. It’s just that she’s requested an AG opinion before, when she was Treasurer and the 2005 budget was passed using a pension skim. http://illinoisattorneygeneral.gov/opinions/2005/05-005.pdf

So I figured she might do it again.

Comment by Will Caskey Wednesday, Jul 10, 13 @ 2:22 pm
Doesn’t this deprive me of my duly elected representation?

Comment by What about me? Wednesday, Jul 10, 13 @ 2:23 pm
==“I’M THE GOVERNOR”==

“I’m smart! Not like everybody says… like dumb… I’m smart and I want respect!”

Comment by Anon. Wednesday, Jul 10, 13 @ 2:31 pm
What else is in this bill? Is it only the Legislative branch budget? I thought the veto either had to be supported or over ridden. If neither happened, the bill just became null.

Comment by bourbonrich Wednesday, Jul 10, 13 @ 2:33 pm
About time someone cracked open a copy of the IL Constitution.

Comment by Arthur Andersen Wednesday, Jul 10, 13 @ 2:44 pm
You have to wonder why we have an Attorney General in this state.

She’s never asked to do anything of importance.

She’s never pressed for her opinion on tax increases or any other issue that might be controversial.

She’s just THERE for us to revel in how wonderful a public official she is.

Comment by Skyhook Wednesday, Jul 10, 13 @ 2:48 pm
Quinn’s tactic would work if the legislators worked for the taxpayers and looked to them only for compensation. But the Quinn maneuver will be of little consequence because many of our elected officials work for those who got them elected, not those who elected them. Said differently, the big money is not in the paycheck.

Comment by Anon III Wednesday, Jul 10, 13 @ 2:55 pm
Didn’t Quinn try something similar a few years ago with states attorneys salaries? Didn’t the courts slap him down on that decision for the same constitutional reasoning?

Comment by transplant Wednesday, Jul 10, 13 @ 2:57 pm
====”You have to wonder why we have an Attorney General in this state.

She’s never asked to do anything of importance.

She’s never pressed for her opinion on tax increases or any other issue that might be controversial.

She’s just THERE for us to revel in how wonderful a public official she is.====

She’s never asked to do anything of importance? I guess the thousands of people who have been helped with consumer scams are just nonexistent or unimportant? Her work on FOIA is just unimportant I guess. And her stuff on sexual predators too?

As for her opinion on tax increases, it does not matter because of this pesky thing called the Illinois Constitution. That is the very document giving her the foundation of her authority, therefore superseding her authority.

Comment by Precinct Captain Wednesday, Jul 10, 13 @ 3:13 pm
So, if Topinka gets back an opinion that Quinn’s veto is unconstitutional, but he hasn’t actually signed a bill with those line items in it, how does she cut checks with no appropriation? If the GA doesn’t override, there’s no appropriation against which to draw, unless Topinka or someone from teh GA gets a court to require the approp–but what court would ignore separation of powers and order the other 2 branches to enact an approp.?

Even if Quinn’s AV is unconstitutional, it’s not clear from where comes the relief.

I agree with other commenters, this is JUST like Blago–politically sharp in a very short-term sort of way, but poisoning the well to get any actual governance done. And we all saw how many friends Blago had in the GA as soon as they had an excuse to impeach. Quinn better be squeaky clean after the way he’s pissed eveyone off the last 2 weeks.

Comment by Harry Wednesday, Jul 10, 13 @ 3:21 pm
Sounds like a whole lot of people want other people to take less salary but not themselves! You first, I guess. What a crock. Also sounds to me like our constitution is under siege. The Wild West is alive and well in the land of Lincoln and the anything goes clan is daring to see what they can get away with.

Comment by JC Wednesday, Jul 10, 13 @ 3:30 pm
Hey Precinct Captain, please enlighten me what the state’s chief legal officer was doing when Metra handed the departing CEO nearly $1 million for nothing?

Comment by Skyhook Wednesday, Jul 10, 13 @ 3:42 pm
Wow when it comes to taking something away from their own they jump on its unconstitutional box…totally agree with RNUG…trying to take away from the pensions and salaries of the legislators both unconstitutional

Comment by concern1 Wednesday, Jul 10, 13 @ 3:47 pm
What Quinn did is not unconstitutional — he can veto any appropriation — but the comptroller may be required to somehow pay the salaries anyways.
But at least most of the stipends are not salaries, certainly not the per diems and travel expenses

Comment by gmklass Wednesday, Jul 10, 13 @ 3:59 pm
==Even if Quinn’s AV is unconstitutional, it’s not clear from where comes the relief.==

The courts order the salaries to be paid, even without an appropriation. Jorgensen v. Blagojevich, 211 Ill.2d 286 (2004)

==But at least most of the stipends are not salaries, certainly not the per diems and travel expenses ==

I would think that, if cost of living increases are protected, as held in Jorgensen, so are stipends. And he didn’t veto per diem or travel.

Comment by Anon. Wednesday, Jul 10, 13 @ 4:04 pm
I look for Topinka and Rutherford to continue
to pay the House and Senate members.

Comment by Esteban Wednesday, Jul 10, 13 @ 4:05 pm
AG Madigan’s office is reviewing this as I write this. Let’s see how long it will take her office to parse this. Any bets on her opinion?

Comment by Old and In The Way Wednesday, Jul 10, 13 @ 4:28 pm
So ther person who unilaterally decided to pretend that Regional Superintendents didn’t exist and shouldn’t be paid now has decided to do the same thing to legislators?

Interesting.

Comment by Paul Lynde for the Block Wednesday, Jul 10, 13 @ 4:41 pm
I like and respect Judy–and she’s fun to watch dancing up a storm/quite nicely to the old, Czech Polka tunes–but, this development is altogether drab in terms of being obviously politically-motivated (which like Lisa, she has the prerogative of in terms of an “official, legal” review), but it’s just SO transparent, time-wasting, and altogether predictable. And actually, the GOP should chill–the NON-solution to the Pension Crisis, of late, is surely a DEM-Majority-created Mess–i.e. they have the Votes; let THEM solve it already, keep quiet and squeaky clean, and until it’s accomplished, LOL while looking on amusingly at all of the antics and gamesmanship THEY’RE engaging in…!

Comment by Just The Way It Is One Wednesday, Jul 10, 13 @ 8:19 pm
==Hey Precinct Captain, please enlighten me what the state’s chief legal officer was doing when Metra handed the departing CEO nearly $1 million for nothing?==

I don’t know what she was doing, maybe you should FOIA her schedule from that day or call her. What I do know is that she has no direct supervisory role over the agency Metra. If you want an AG with unlimited authority and authority over all agencies of any level of government in the state, you should start a movement for a constitutional convention.

Comment by Precinct Captain Wednesday, Jul 10, 13 @ 10:24 pm
I understand the politics of trying to get an AG opinion, and I understand the politics of an AG either issuing or ducking an opinion.

But ultimately, it doesn’t matter. An AG is not a judge.

Comment by wordslinger Wednesday, Jul 10, 13 @ 11:11 pm
Topinka can “review” all she wants.

She has no authority to make payments without an appropriation, and I doubt she has legal standing to take the case to court to demand payment.

The General Assembly could act to overide, but not until they are back in session. And only the Governor or BOTH chamber leaders can do that. Calling a special session to restore their pay without a pension solution in hand would be political suicide. And, frankly, I doubt there are enough votes.

Comment by Juvenal Thursday, Jul 11, 13 @ 7:43 am