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* If this is “illegal,” then almost every politician in Illinois is going to prison.

The Sun-Times reports on yesterday’s House Mass Transit Committee hearings on the Metra weirdness…

Early in the nearly six-hour hearing, Joseph Gagliardo, the rail agency’s lawyer, told state Rep. Deb Mell (D-Chicago) and her fellow panel members about the request from Madigan’s office — a request the lawyer insisted was not political.

“Elected officials don’t lose their First Amendment rights to talk to people,” Gagliardo testified.

“Speaker Madigan inquired about a raise for an employee. It’s not inappropriate for an elected official to inquire about a wage increase for somebody. It’s not based on politics,” Gagliardo said.

Earlier this week, Metra Chairman Brad O’Halloran said [ex-CEO Alex Clifford] and his attorney had argued that if Clifford’s contract was not renewed, it would be in retaliation for Clifford reporting “alleged illegal conduct” to the Metra Board — supposedly political pressure involving hiring and contract awards. Before his exit, Clifford initially threatened a “whistleblower lawsuit” and was asking for more than the $718,000 package he got.

In a prepared statement released Thursday, Madigan said only that his office recommended Metra bosses give employee Patrick Ward a raise.

Madigan, who praised Ward’s academic and professional career in the statement, said he and Ward have worked together “on a variety of projects” over the past 15 years; his statement didn’t elaborate on those projects.

The discussion about the raise began with Ward contacting Madigan’s office in roughly March 2012, according to Madigan’s statement.

Ward, a Metra labor relations specialist since 2008, notified Madigan’s office that “in spite of being asked to assume expanded tasks with additional responsibilities in his position, his $57,000 salary had not increased in more than three years,” Madigan’s statement said,

“Given the information presented to my office, we forwarded a recommendation to Metra senior staff that Mr. Ward be considered for a salary adjustment. My office’s recommendation supplemented an endorsement which I understand he received from his supervisor, who concluded Mr. Ward was underpaid and that his job performance and education warranted a salary adjustment. ”

But Clifford ultimately rejected the recommendation, Madigan said. The House Speaker said he then withdrew his recommendation for the raise.

Ward is a 13th Ward guy. He asked for help and a letter was sent, then withdrawn. Ward eventually resigned.

* If anybody can tell me what the alleged crime is here, I’m all ears.

Yes, Madigan is powerful, but was Metra retaliated against for not giving his guy a raise? Nobody has once made that claim. And even if Madigan did retaliate, it’d be wrong, but likely not illegal.

I mean, seriously, writing a letter for a political supporter is now supposed to be some sort of scandal? Are you kidding me?

* Also, Rep. Mell still blames MJM for the failure of gay marriage and is Rod Blagojevich’s sister-in-law, so assigning that committee to the task of probing the Metra deal was an interesting move by the Speaker, since he undoubtedly knew his name would come up. Rep. Jack Franks had grabbed some headlines, but his committee wasn’t involved yesterday.

* Speaking of the Mell family, it appears that Rod Blagovjevich may have been right after all…

A felon convicted of bribing a public official says he and Ald. Richard Mell (33rd) were silent partners in the Joliet landfill that spurred a nasty family feud with Mell’s son-in-law, then-Gov. Rod Blagojevich, according to allegations in a lawsuit obtained by the Chicago Sun-Times.

Mell has long denied having any financial interest in the landfill, which sold for $17.7 million in 2008. But the lawsuit filed by Robert Pruim Sr. and his son, Robert Jr., in Will County Circuit Court, accuses the powerful alderman of helping create the business, taking a one-third ownership stake and then conspiring to defraud the Pruims out of nearly $3.7 million when the sale occurred. […]

The lawsuit claims Mell held meetings about the landfill deal in his aldermanic office and used his political connections to help a now-imprisoned distant relative, Frank Schmidt, become the face of the landfill business.

Because the landfill could accept construction debris from state construction projects, “neither Pruim Sr. (prior felony conviction for bribery) nor Mell (political figure and father-in-law of the governor) could be listed as ‘stated’ owners,” the court papers say. […]

Federal court documents show that Schmidt had more than $9 million in income in 2008 — the year of the sale. That same year, Mell reported a capital gain in excess of $5,000 from an “investment in F. Schmidt Corp.” on his aldermanic financial disclosure form. […]

Mell has long denied having any financial interest in the landfill deal, which was the genesis of a public dispute with the now-imprisoned Blagojevich. Blagojevich temporarily shut down the landfill in 2005, accusing Schmidt of accepting illegal waste and of promoting his ties to Mell as a way to get business.

An infuriated Mell lashed out, telling the Chicago Sun-Times at the time that a key Blagojevich adviser — the late Christopher G. Kelly — had been trading plum state government appointments for $50,000 campaign contributions. Mell later publicly apologized after Kelly threatened legal action.

Blagojevich was concerned that Mell had a hidden financial interest in the landfill. As governor, he launched a legislative assault on the landfill industry and pushed legislation that would specifically ban relatives of the governor from having any financial stake in landfills or receiving any “personal financial benefit” from waste-disposal operators.

posted by Rich Miller
Friday, Jul 12, 13 @ 10:58 am

Comments

Rod’s a strange dude. You’d think he would know better than anyone not to cross Mell.

Look where it got him.

Comment by wordslinger Friday, Jul 12, 13 @ 11:03 am
Will the negative publicity connected to this landfill lawsuit be enough for Mayor Rahm Emanuel to withhold the aldermanic appointment from Deb Mell? It is going to be interesting to see how the mayor plays his hand.

Comment by Esquire Friday, Jul 12, 13 @ 11:06 am
Word nail it. Rod was very strange, nothing like biting the hand that feeds you.

Comment by Mokenavince Friday, Jul 12, 13 @ 11:08 am
The sad thing we see this as normal here… and we should kind of be ashamed of it.

Yes a politician does not lose his right to ‘free speech’. But does ANYONE in Illinois believe that a letter from me, or Rich or whoever holds the same power/clout as one from MJM.

Its like saying the gov asked for a favor, or the if you word for the fed or a psuedo fed agency and the president’s chief of staff or Speaker of the house writes a letter like that.

no law broken, but is it right? they know the clout they have.

Comment by RonOglesby Friday, Jul 12, 13 @ 11:16 am
I think Madigan was over the line, but it’s not a hanging offense.

If the guy was up to anything sinister, give him credit for being smart enough not to put it in writing, lol.

Comment by wordslinger Friday, Jul 12, 13 @ 11:19 am
=== no law broken, but is it right? ===

It probably depends on the situation. This happens all of the time in the private sector. The real question is whether the person is qualified for the job.

Comment by Fred's Mustache Friday, Jul 12, 13 @ 11:26 am
Constituent service has sometimes been used to go over the line and many pols have been caught up. But this is the FIRST time I have ever heard of constituent service asking for a raise. What if the letter had been sent to a private company? One that does business with the state? Or is just located in the 13th Ward? It should be wrong from anyone’s point of view. Illegal? No, but stupid beyond reason. Something you might expect from Derrick Smith not the Speaker.

Comment by justbabs Friday, Jul 12, 13 @ 11:27 am
===The sad thing we see this as normal here===

I would wager that this is “normal” in most every state.

I would also wager that this is “normal” in the private sector, even when a company has influence over, say, a sub-contractor or partner.

Comment by Rich Miller Friday, Jul 12, 13 @ 11:28 am
A sentence that must never be repeated:

“Rod Blagovjevich may have been right after all…”

Comment by Soccermom Friday, Jul 12, 13 @ 11:29 am
===this is the FIRST time I have ever heard of constituent service asking for a raise===

LOLOL.

Get out much?

C’mon.

Comment by Rich Miller Friday, Jul 12, 13 @ 11:33 am
=== It should be wrong from anyone’s point of view. ===

People use their influential contacts all of the time in furthering their careers - ESPECIALLY in the private section. Its called networking.

Think about it. Company X is looking to hire someone for an open position. Company X has to choose from A, B or C. A, B & C all have similar qualifications. Someone who is respected by the management of Company X recommends C. They don’t know A or B from boo. Company X chooses C. Something wrong with that? If someone can break down for me why this is wrong, the explanation would be greatly appreciated.

Comment by Fred's Mustache Friday, Jul 12, 13 @ 11:37 am
networking is one thing. Gov sector politicians with power asking for a raise for someone… sorry if I dont see that as right.

Have I leveraged people as referrals to get a new gig or asked for a recommendation for a position? sure. Having the speaker of the house ask a pseudo gov agency to give someone a raise, I dont know. Seems odd but then again I think politicians have their hands in too many pies as it is.

Comment by RonOglesby Friday, Jul 12, 13 @ 11:40 am
There are a number of court decisions upholding the first amendment right of elected politcians to reccomend people for jobs etc. So this was nothing illegal. Heck there are tons of constiuent letters reccomending people for State Jobs, for admission to schools, for scholarship, for raises etc.

And /gasp! those letters tend to be non-partisan. i.e. if you call your elected official and ask for the letter they usually provide it, regardless of your party.

Comment by Ghost Friday, Jul 12, 13 @ 11:43 am
I have great confidence in the Speaker knowing exactly where the line is; however, I continue to believe it is not in MJM’s best interest to wade into that subject. I’m sure there are ways for a message to be more subtly sent.

Comment by LincolnLounger Friday, Jul 12, 13 @ 11:47 am
“Nothing here yet.”

I fully agree. And yet…

Comment by 47th Ward Friday, Jul 12, 13 @ 11:50 am
=== Have I leveraged people as referrals to get a new gig or asked for a recommendation for a position? sure. Having the speaker of the house ask a pseudo gov agency to give someone a raise,===

So are you saying it would have been ok if he asked for a new job for someone, but not a raise? Im not seeing the logic of the distinction. And you don’t like that it was the Speaker. What if it was a freshman State Rep? What if it was the Agency head asking for his best friend?

Once again, I think it all comes down to qualifications. If the person is qualified to get the job or get a raise, where is the “wrong”. The agency can always say “no”

Comment by Fred's Mustache Friday, Jul 12, 13 @ 11:50 am
===this is the FIRST time I have ever heard of constituent service asking for a raise===

LOLOL.

Get out much?

C’mon.

———–
They have different rules in the rest of the state. There are probably hundreds if not thousands of perks/ways to game the system that joe taxpayer is unaware of like this.

Mell has to deal with a daughter/grandaughters shlepping 800 miles once a month for 12 years to a federal prison to see her husband. He didn’t exactly come out a winner here.

Comment by shore Friday, Jul 12, 13 @ 12:19 pm
>
have a look a 5 ILCS 420 ..which requires in part :
“Sec. 3-107. No legislator may engage in other conduct which is unbecoming to a legislator or which constitutes a breach of public trust.”

Comment by particle61 Friday, Jul 12, 13 @ 12:41 pm
Rich writes “I mean, seriously, writing a letter for a political supporter is now supposed to be some sort of scandal? Are you kidding me?”

For those who haven’t lost their souls, yes. Put yourself in the shoes of a co-worker who isn’t connected to the most powerful politician in the state, and ask how you would feel about the situation. A 10 year old can see the unfairness in this - just because you in the political media have acquiesced to it because all these politicians are nice folks who will have a drink with you after hours doesn’t make it smell less.

Comment by lake county democrat Friday, Jul 12, 13 @ 12:54 pm
Deb Mell is more than a little clueless. If/When she takes her Dad’s aldermanic seat, I would’t be surprised if she finds a way to get herself in much hotter water than this small change MJM Metra story.

Comment by horse w/ no name Friday, Jul 12, 13 @ 1:04 pm
This is why we are in the mess Illinois is in.

Madigans alleged actions should be illegal, but he is a walking set of conflicts of interest anyway. What’s new?

Comment by Plutocrat03 Friday, Jul 12, 13 @ 1:31 pm
As an immigrant to Illinois from a state that wholeheartedly embraced the Progressive reforms, much of what is accepted here is illegal / not tolerated / frowned upon elsewhere. IMHO, part of the “problem” here is that with so many units of government, in Illinois one is much more likely to meet / deal with on a daily basis an elected official than anywhere else (we have so many of them). IMHO.

Comment by Anyone Remember? Friday, Jul 12, 13 @ 1:45 pm
The Feds indicted Derrick Smith for writing a letter and (only) accepting $7k.

Will his attorney avoid a conviction by claiming he was exercising his 1st Amendment rights???

Comment by Allen Skillicorn Friday, Jul 12, 13 @ 1:47 pm
Look at the appointment process for Metra Board Members. Why did the Suburban Cook County Republicans appoint Democrat Brad O’Halloran? The answer will be found on those 8 hidden pages.

Comment by overcooked Friday, Jul 12, 13 @ 1:55 pm
I would agree it isn’t illegal, but it sure is corrupt. The Speaker “requesting” that a government agency that receives state funding “consider” giving one of his political workers a raise? C’mon!

I would say it is even more corrupt than ordering a government agency to hire your son-in-law: http://www.suntimes.com/news/4013028-418/rta-hires-mike-madigans-son-in-law-for-top-lobbying-job.html

Comment by Just Me Friday, Jul 12, 13 @ 1:55 pm
Making “recommendations” and giving raises for political work raises questions under Shakman and Rutan.

Comment by Anonymous Friday, Jul 12, 13 @ 2:08 pm
Rich, as a bureaucrat I saw a lot of legislative requests for jobs, promotions, etc. I never saw one for a pay raise. Most requests for the jobs/promotions came over the phone or in person. The letter is odd in my experience.

Comment by 100 Miles West Friday, Jul 12, 13 @ 2:10 pm
Either the favors that Clifford were asked to do are a scandal or paying hush money to coverup the non scandal is a scandal. There is a scandal in there somewhere.

Comment by Carlos S. Friday, Jul 12, 13 @ 2:16 pm
Clearly, the required ethics classes are not very good. Media and pols really need to revisit some very basic lessons in ethics.

Comment by justbabs Friday, Jul 12, 13 @ 2:23 pm
So on our planet, if I went over my boss’s head and heck, since I’m already doing that, also leap frogged over the entire internal chain of command, and asked an influential outsider who has power over my company to request that I get a raise… Well, I supposed I might get one.

And along the way, I’d have destroyed my relationship with all of my superiors.

Only in politics…

Comment by Private sector peon Friday, Jul 12, 13 @ 2:35 pm
Boy, when THOSE two got-together, now there was one major Illinois Tornado in the making!!

Comment by Just The Way It Is One Friday, Jul 12, 13 @ 3:31 pm
Illegal? Probably not (except, perhaps, in some hypertechnical reading of some lesser statute or regulation).

But, as Phil Rock so aptly noted “nobody calls just to say hello”. Certainly not the Speaker.

Comment by titan Friday, Jul 12, 13 @ 3:34 pm
I worked for the state for many years. Other government officials recommending a pay raise for this employee or that was certainly no rare occurrence when I was around. If you didn’t have the backbone to say yes or no based on proper criteria, you were probably an excellent example of the Peter Principle.: you never should have made it far enough up the ladder to have control over people’s raises. In this case, the official in charge said “no” and the request was withdrawn. That’s the way it should work. Now he says he was fired by his board because he said “no”. We’ll see, but I really doubt it.

Comment by steve schnorf Friday, Jul 12, 13 @ 4:17 pm
steve schnorf, in your experience, aside from yourself, how often did the official in charge say no to a request from, say, one of the top 5 most powerful government officials in the state? My biased skeptical guess is “hardly ever” but I could be wrong.

Comment by Robert the Bruce Friday, Jul 12, 13 @ 4:36 pm