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Impeachment testimony

Posted by jstewart

Well, my concern about Speaker Madigan being too cautious to move forward with impeachment hearings is gone.  The House authorized a Special Investigative Committee to look at whether there are grounds for impeachment. 

The BGA was asked to testify before the Committee and we did so on December 18.  The BGA has been involved in a myriad of matters over the years, but has never before participated in an impeachment proceeding.  The Governor's conduct is deeply disturbing and has lead Illinois into uncharted territory, a sitting Governor arrested, the Attorney General's unsuccessful attempt to ask the Supreme Court to remove the Governor and now impeachment proceedings.  The voluntary resignation of the Governor would allow our state to move forward, which it cannot do while he remains in office, but at this point voluntary departure doesn't appear to be in Blagojevich's game plan.

Below is the BGA's testimony.  The Committee was interested in our Freedom of Information Act lawsuit against the Governor so that is what we focused on.  I've tried to include hyperlinks to exhibits that are online.  The hyperlink to most of the correspondence exhibits is to our amended complaint which contained most of relevant correspondence as exhibits.  In the physical version of our submitted testimony the correspondence exhibits were the letters themselves, not the entire amended complaint.

Testimony of Better Government Association Executive Director Jay Stewart Before the Special Investigative CommitteeDecember 18, 2008            

I would like to thank the Committee for the opportunity to testify today.             

The events of last week are deeply troubling and as a result the functioning of state government has been seriously impaired and will remain so as long as Rod Blagojevich remains Governor.             

Our state is in crisis and the Better Government Association (“BGA”) supports the action taken by the General Assembly by initiating these impeachment hearings.  The removal of an elected official is an extraordinary event, but we are not living in ordinary times.  These hearings must proceed in a manner that promotes public confidence in our government.  It is imperative that the people have confidence in our rule of law, as embodied in our Constitution, and in our elected officials.  Therefore, all interested parties to these hearings must be provided with an opportunity to be heard and due process must be preserved.  To the extent that my testimony can assist the General Assembly in these important proceedings, I am pleased to be a part of the process and look forward to answering any questions that you may have.             

It is my understanding that the Committee is interested in the BGA’s successful litigation with Governor Blagojevich over his refusal to produce federal grand jury subpoenas we have requested under the Illinois Freedom of Information Act (“FOIA”).  I will try to summarize events surrounding the litigation.  In addition, I am submitting exhibits connected to the litigation, including a transcript of the trial court’s ruling and the written opinion of the 4th District Court of Appeals to supplement my testimony.             

The BGA is a nonprofit civic watchdog group based in Chicago.  Since 1923 the BGA has been dedicated to combating waste, corruption and inefficiency in state and local government.               

In order to achieve our goal of improving the operation of state and local government, the BGA has traditionally relied on the tools of investigative journalism to expose wrongdoing in government and working with mass media to educate the public on our findings.  Accordingly, the BGA uses FOIA on a regular basis.            

During the summer of 2006 the BGA, along with many others, read news reports that Governor Blagojevich’s office had recently been subpoenaed by federal investigators.  At least one such news report in the July 21, 2006 edition of the Chicago Sun-Times stated that the Governor’s Office refused to discuss the subpoenas.  (Attached as Exhibit A). 

Shortly after reading the Sun-Times article, on July 24, 2006 the BGA sent in a FOIA request to the Office of the Governor asking for copies of federal grand jury subpoenas issued to that office.  (Attached as Exhibit B).  The request was copied to the Public Access Counselor in Illinois Attorney General Lisa Madigan’s office.  (Exhibit B).           

On August 7, 2006, counsel from the Governor’s Office responded with a denial.  (Attached as Exhibit C).  The letter stated “[a]s you know, this Office cannot confirm or deny the existence of the documents requested.”  Never in my experience with a FOIA request have I ever received such a bizarre response.  The letter went on to state that “even if this Office were to have documents responsive to your request, such documents would be exempt from release under Section 7(1)(a) of the Freedom of Information Act.”  Section 7(1)(a) of the Act prohibits the disclosure of information if such disclosure is prohibited by federal or state law, rule or regulation.           

On August 31, 2006, the BGA appealed the denial to Governor Blagojevich.  (Attached as Exhibit D).  The appeal contested the denial as improper, in part because hypotheticals are not grounds for denial and in asserting the exemption in Section 7(1)(a) the Governor’s Office failed to specify which federal or state law, rule or regulation prohibited disclosure.  (Exhibit D).  The appeal was copied to General Madigan and the Public Access Counselor among others.  (Exhibit D).           

On September 15, 2006, counsel from the Governor’s Office responded with a denial to our appeal.  (Attached as Exhibit E).             

On October 26, 2006 the Public Access Counselor copied the BGA on a letter written to the Governor’s General Counsel.  (Attached as Exhibit F).  The Public Access Counselor, aware of the BGA’s dispute with the Governor’s Office, informed the General Counsel that under the Illinois Freedom of Information Act, requests for copies of federal grand jury subpoenas must be complied with.  (Exhibit F).  Despite the letter, the Governor’s Office did not produce the subpoenas.           

Before deciding to file suit under the Illinois Freedom of Information Act to compel production of the subpoenas, on November 7, 2006 the BGA wrote the U.S. Attorney’s Office for the Northern District of Illinois and asked if such litigation would be opposed by that office.  (Attached as Exhibit G).  We recognized that if the U.S. Attorney objected to the disclosure, the state court might find that release of the subpoenas would interfere with the ongoing investigation into “fraudulent hiring practices” being conducted by the U.S. Attorney.  (Attached as Exhibit H).           

On November 13, 2006 the U.S. Attorney’s office responded and did not encourage or discourage such litigation, but certainly did not assert that our action would interfere with the ongoing investigation.  (Attached as Exhibit I).           

On January 4, 2007 the BGA filed suit in Sangamon County against the Office of the Governor under the Illinois Freedom of Information Act seeking production of the subpoenas.  (Attached as Exhibit J).  Among the documents attached as exhibits was the letter from the Public Access Counselor to the Governor’s General Counsel.  That same day the BGA informed the U.S. Attorney’s Office of our suit.  (Attached as Exhibit K).           

On August 7, 2007 the BGA filed an amended complaint.  (Attached as Exhibit L).  The amended complaint added Governor Blagojevich as a defendant and sought the same records as the original complaint.           

To date, the U.S. Attorney’s Office has never asked the BGA to cease the litigation, and has not filed any pleadings with the state court to indicate that disclosure would interfere with the ongoing investigation.             

The BGA filed suit for two primary reasons.  First, the BGA believes the public has the right to know what is going on with its government. Public officials often seek to limit and control information when things go wrong. As the public pays for government operations regardless of whether they are run well or poorly, we feel the public should have a clear idea of what is happening with their government.           

Second, the BGA believes that the law applies to everyone, even the Governor of Illinois.  He has public records relating to a very important issue, namely that his office has been served federal grand jury subpoenas.  Rather than ignore this unpleasant issue, it should be aired to the fullest extent possible. Simply being Governor does not mean public records laws don’t apply to you or your office.  During a hearing in the trial court, Judge Kelley asked the Governor’s lawyer:

I do have one question for you Mr. Londrigan.  Say a person receives a Federal Grand Jury subpoena from the Northern District of Illinois.  Could that person be subject to either the contempt powers of the Court or criminal prosecution if that person voluntarily discloses that subpoena to somebody else? MR. LONDRIGAN:  No, sir.  (Transcript of the hearing attached as Exhibit M).            

The Governor acknowledged that the law and rule on which he relied on does not prohibit disclosure of the subpoenas, yet he has continued to deny access to the documents, continued to spend public dollars on private lawyers to fight our suit, and continued to defy the requirements of the Freedom of Information Act as enacted by the General Assembly.             

On January 9, 2008 Judge Kelley ruled on the Governor’s Motion for Summary Judgment and the BGA’s Motion for Judgment on the Pleadings.  (Exhibit M).  Judge Kelley ruled in favor of the BGA, finding, in part, that Federal Rule of Criminal Procedure 6(e)(2) does not prohibit the disclosure of federal grand jury subpoenas due to a request under the Illinois Freedom of Information Act.  (Exhibit M).  In ruling in favor of the BGA Judge Kelley relied in part on the language of the Freedom of Information Act, “[p]eople have a right to know the decisions, policies, procedures, rules, standards and other aspects of government activity that affect the conduct of government  and the lives of any or all of the people.”  (Exhibit M).             

On March 3, 2008 Judge Kelley denied the Governor’s motion to reconsider.  (Attached as Exhibit N).             

Subsequently, the Governor appealed Judge Kelley’s decision to the 4th District Court of Appeals.  After briefs and oral argument the 4th District Court of Appeals issued its opinion on November 19, 2008.  (Attached as Exhibit O).  The appellate court upheld Judge Kelley’s opinion.  In ruling against the Governor’s argument that Rule 6(e)(2) prohibits disclosure of federal grand jury subpoenas under the Illinois Freedom of Information Act the court wrote:

Our legislature enacted the FOIA in recognition that (1) blanket government secrecy does not serve the public interest and (2) transparency should be the norm, except in rare, specified circumstances.  The legislature has concluded that the sunshine of public scrutiny is the best antidote to public corruption, and Illinois courts are duty-bound to enforce that policy.”  (Emphasis added).            

The BGA has asked the 4th District to order the Governor to turn over the subpoenas we requested.  The Governor has asked the 4th District to refrain from ordering production while he decides whether to appeal to the Illinois Supreme Court.           

According to published reports, the Governor has spent more than $150,000 in legal fees in this matter and a similar suit in Cook County despite the clear provisions of state law.  (Attached as Exhibit P).           

That concludes my summary and I would be happy to answer any questions the Committee may have.

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Posted on: 12/19/2008 at 4:10 AM
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If he is unfit for one thing, isn't he unfit for everything?

Posted by jstewart

The General Assembly seems to be rushing to strip the Governor of his power to appoint to someone to President-Elect Obama's vacant Senate seat.  On the other hand, Speaker Madigan is being far more cautious in regard to impeachment, saying he is "prepared to discuss" Leader Cross' call for impeachment hearings.

Here is my concern with that cautious viewpoint: If Governor Blagojevich is unfit to select a U.S. Senator and has to be stripped of his appointment powers post haste, then he is unfit to exercise his other gubernatorial powers and needs to be impeached as soon as possible.  Historically, the Speaker has been a deliberate public servant, however he has to come to terms that the usual cautious approach is not only unwarranted, but actually dangerous. 

Governor Blagojevich is a continuing harm to our state.  The General Assembly needs to act accordingly.

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Posted on: 12/10/2008 at 1:10 PM
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Mayor Daley's gift to his successor

Posted by jstewart

Political opposition may never vanquish Mayor Daley, but at some point in the future he will no longer be Mayor.  Frightening though that eventuality may be for Mayoral minions and sycophants, it will happen.

An article by Fran Spielman in the Chicago Sun-Times shows that the next Mayor of the "City That Works" will have a lot less to work with than the current occupant.  To summarize, the article highlights that Mayor Daley has: a) drastically increased the City's debt by 187% in the last decade; b) privatized four of the City's few big ticket assets; and c) created a bewildering number of Tax Increment Financing Districts which divert hundreds of millions of tax revenue away from the City's corporate account (general fund).

An unnamed source spells out the implication for Daley's successor in the article, "He's handcuffing future mayors.  Whoever comes in is going to find an empty cupboard."

I'm sure Angelo Torres will be blamed for emptying the cupboard, but no one will know who authorized him to do so.

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Posted on: 12/8/2008 at 3:20 AM
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What happens when there are no more capital assets to privitize?

Posted by jstewart

It looks like Chicago is on the verge of privatizing yet another City asset, this time it is parking meters.  Previously the City has privatized the Skyway, parking garages and Midway.

The BGA isn't opposed to privatization per se.  However, the BGA does have two concerns. 

First, by privatizing City functions there is a drop in accountability and transparency.  Even as powerful as the Mayor is, he has to face the voters every four years.  Not true of a private vendor who is leasing a City asset.  If they do a poor job a regular citizen has no recourse to punish the vendor via the ballot box.  The traditional remedy of a consumer, going to another company for the good or service doesn't really work too well.  Remember, these assets that have been privatized don't have easy to use substitutes.  You can't take the alternate Skyway, park in the other Grant Park parking lot, fly out of the other South Side airport or park in the other street parking places.  In terms of transparency, the private vendors are not bound by the Freedom of Information Act, the Local Records Act or the Open Meetings Act.  Good luck trying to delve into the internal operations of the vendors.

Second, as the title of this post states, what happens when there is nothing left to privatize?  It isn't as if the City of Chicago has a limitless number of assets that private vendors are willing to spend vast sums of money to lease.  City services that don't generate cash flow are very unlikely candidates for privatization.  Using the proceeds from the sale of capital assets to cover regular operating expenses just puts off hard budget decisions into the future.  Eventually there won't be an asset sale to cover a budgetary hole.  Then what?  To answer my rhetorical question, the answer will likely be yet more tax hikes, layoffs and services cuts, with the caveat that insiders will be spared from the worst aspects of such indignities.

I would rather the City eliminate the corruption that wastes so much of our tax dollars first before selling off assets.  Eliminating the scandalous Hired Truck program alone saved millions of dollars of taxpayers' money.  I am hard pressed to believe that it was the only such corrupt program in the City's budget.  It would be nice if the Daley administration spent half as much of an effort to eliminate pointless spending as it does in selling off capital assets.

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Posted on: 12/3/2008 at 5:30 AM
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George Ryan Pardon/Commutation

Posted by jstewart

Rather than put up a post with the BGA's views on a possible pardon or commutation of sentance of George Ryan I'll just post the views of the Ryan prosecution team and a Chicago Sun-Times letter to the editor by one of the Ryan jurors.  They say it better than I can.

STATEMENT BY MEMBERS OF THE RYAN TRIAL TEAM

As members of the trial team involving former Governor George Ryan, we oppose the issuance of a Presidential pardon or commutation of his sentence. Governor Ryan was convicted of serious felonies after a six-month trial. The evidence revealed a pattern of corrupt conduct over a period of many years by Ryan during his tenure as both Secretary of State and Governor. Ryan betrayed the trust of the citizens of Illinois in advancing the interests of himself, his campaign fund and his associates over the interests of the taxpayers. Perhaps most significantly, his conduct had adverse tangible consequences to the public safety and welfare of its citizens. After his trial, Ryan received a fair and just sentence by a judge who heard all of the evidence in the case.

Like all citizens, we sympathize with Mr. Ryan’s family and the sad and unintended impact Ryan’s misconduct has had upon his family. Nonetheless, given the nature and circumstances of his offenses, as well as the applicable legal standards governing this extraordinary request, a pardon or commutation is simply not justified. Most notably, one of the principal factors in determining whether commutation is appropriate is whether the petitioner has demonstrated acceptance of responsibility, remorse and atonement. Yet, at no time, before, during or after his trial, has Ryan ever accepted responsibility for his conduct. When systemic, long-standing abuse of the public trust is coupled with a lack of remorse, it simply does not warrant the extraordinary act of a Presidential pardon or commutation. A pardon or commutation for George Ryan would send a message to Illinois taxpayers and public servants that the consequences for public corruption in Illinois are less severe and would further fuel cynicism of our important institutions. Under these circumstances, a pardon or commutation would be a true disservice to all citizens of this State and to the judicial process.

Patrick M. Collins

Joel R. Levin

Zachary T. Fardon

Former Assistant U.S. Attorneys

 

Juror to Durbin: Don't try to help Ryan
December 1, 2008

Editor's note: Below is an edited excerpt of a letter sent to Sen. Dick Durbin from a juror on the corruption case of former Gov. George Ryan.

My name is Kevin Rein, and I would like to express my opinion on the subject of an early release for George Ryan. I think it is important for you to remember that the case against George Ryan was brought by the United States, not brought by the people who don't like George Ryan nor by the Democrats nor by some radical, pro-death-penalty group. It surely was not brought by the State of Illinois. I believe it is important for you to understand that the crimes Mr. Ryan was charged with and then found guilty of violated not just the people of Illinois, but his crimes violated every citizen of this country who puts his or her faith in the elected officials who are entrusted to uphold the law.

Mr. Durbin, I would like you to know that if you decide to support the request to release Mr. Ryan early, it won't invalidate the hard work and sacrifice the jury put in. The jury did its job. We listened to the testimony and viewed the evidence, and we applied the law to what we saw and heard and then gave the verdict. Nothing will take away from what we did. But should you and Mr. Bush decide to release Mr. Ryan early, it will take away a little more of the faith that the average American has in this country.

Mr. Durbin, I would also ask you to explain the process by which you decide whom you are willing to recommend for a commutation. Is there a list you work off of? Is it that George is next in line? Is there anyone more deserving of your efforts?

Mr. Durbin, have you given thought to the time and effort put in by the U.S. attorney's office? Have you asked Mr. Fitzgerald or any of the prosecutors or federal agents involved in the case? What about asking Judge Pallmeyer if she was wrong to sentence Mr. Ryan to 6½ years in prison? Remember that the judge took into account many factors when she handed down her sentence. A sentence that was criticized for being too short. Mr. Durbin, have you asked Larry Warner what he thinks of Mr. Ryan spending less time in prison than he will have spent? Mr. Warner expressed sorrow for his acts. Mr. Ryan never has shown contrition. Never.

Mr. Durbin, you have said Mr. Ryan's good name has been damaged. Who did the damage? Mr. Ryan himself did it. Mr. Durbin, where was your concern for the good names of the jurors in the case? After the guilty verdict, Mr. Ryan's defense team chose to attack the good people of the jury.

Mr. Ryan has no regard for anyone else's good name. He cares only about himself.

Mr. Durbin, please do the right thing.

Thank you,

Kevin Rein

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Posted on: 12/1/2008 at 7:43 AM
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Warning: Contents Fragile, Contains Illinois Politicians

Posted by jstewart

Greg Hinz of Crain's Chicago Business recently wrote a blog post expressing concerns about the impact of our recent court victory in our effort to get copies of federal grand jury subpoenas issued to the Governor.  Greg's post can be read here (registration required) and a post about our suit is right below this posting.  The essence of Greg's concern is that disclosure of subpoenas will greatly harm the reputation of the politician receiving the subpoena despite the fact that a subpoena is not evidence of guilt or illegal behavior.

The following is my response to his post which appears in the comment section of Greg's blog:

First, I agree that readers shouldn’t worry about Greg going soft on Illinois and Chicago politicians.

However, I disagree with just about all the rest of the column.

Greg rhetorically asks if politicians have rights too. They do, but just as with all other citizens, those rights are defined by the law, not by their wishes or preferences.

Greg also asks if politicians deserve the presumption of innocence. Again, the answer is they do, just as does any citizen does. However, the presumption of innocence is a legal standard for legal proceedings, not public opinion. Some may wish that strict standards be imposed upon public opinion, but our Founding Fathers wrote the 1st Amendment’s free speech clause to ensure that there was a maximum amount of debate about public issues.

Courts have repeatedly held that speech about public affairs is to be encouraged, even in instances where it may be raucous, inflammatory and less than completely accurate. To choose otherwise is to make the government the referee of what is appropriate for public discussion and history is full of examples why that is not a good idea.

In the case at hand, the BGA did not get a leak or inside information, we asked for the subpoenas in a perfectly legal and transparent fashion, through the Illinois Freedom of Information Act. We did get two subpoenas early in the litigation and we posted them on our website so readers could determine their impact and meaning. I fail to see how this harms the body politic.

In terms of the privacy rights of politicians I think Greg's concerns are not warranted. First of all, the Freedom of Information Act allows for certain narrow categories of public records to be withheld and mandates all others must be released. Among the records that can be withheld are those that “if disclosed, would constitute a clearly unwarranted invasion of personal privacy.” The Governor claimed that exemption in denying us in our request and the court specifically held the exemption did not apply.

Furthermore, the Act only applies to public records of public agencies. It does not apply to private records or to private individuals. In other words, a politician is under no obligation to respond to a Freedom of Information Act request that deals with their purely private life. For example, if I request the Governor’s personal tax returns or Speaker Madigan’s billing records as a property tax attorney they can tell me to buzz off.

Greg posits that public affairs is already a difficult arena and more transparency will scare off the best and the brightest from serving in public office. I believe the opposite; that more transparency will scare off the bad guys, such as George Ryan. If George Ryan had known that his corrupt deals would have been subjected to public review then I doubt he would have engaged in most of his illegal conduct.

Many don’t wish to serve in government and engage in politics because of its all too frequent sleazy nature, not because it is some mythical “City on a Hill” and mere mortals will fail to measure up to the exacting ethical standards of contemporary politics.

Generally speaking, I don’t believe that we should provide more secrecy to encourage public service. Indeed as the court stated in our case “[t]he legislature has concluded that sunshine of public scrutiny is the best antidote to public corruption.” I think the problem with public office in Illinois is that far too many politicians have been far too comfortable ensconced in the halls of power, not that have been inconvienced by ethical standards. I don’t recall the last indictment and conviction for the politician who was too ethical and transparent.

Lastly, Greg brings up the scenario of the politician who is tarnished by a leak. First of all, 22 months of litigation generated by a Freedom of Information Act request isn’t exactly a leak. Putting that aside, even in Greg’s scenario the politician survived. I can’t think of a situation where a politician has been hounded from office simply by the acknowledgement that they have been subpoenaed.

To be polite, the implication of corruption or unethical conduct hasn’t exactly been a bar to public office in Illinois. Paul Powell, George Ryan and Rod Blagojevich all had a fair amount of ethical baggage that was well known and yet they all managed to get elected or reelected to statewide office. The well known problem of corruption at City Hall hasn’t stopped Mayor Daley from winning election after election.

In the end Greg and I just don’t view the implications of our court victory the same way. The fact that it can be publicly debated is a good thing in and of itself as far as I am concerned.

However, when looking at the long and sad history of public corruption in Illinois, much of what predates modern ethics and transparency laws, I simply cannot work up much concern for our political class’ sensitivity to the possibility of poor P.R. based on facts and documents. I am much more worried about the harm they have inflicted upon regular citizens and taxpayers with their actual misdeeds and actions.

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Posted on: 11/26/2008 at 9:02 AM
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4th District Court of Appeals Rules for the BGA in FOIA Case

Posted by jstewart

The Better Government Association is thrilled that the 4th District Court of Appeals has upheld the public’s right to know.  On November 19, 2008, the court ruled that the BGA is entitled to federal grand jury subpoenas that have been served upon the Blagojevich administration. The BGA first requested these documents in July 2006.  After repeated denials for the information, in January 2007, the BGA sued Governor Blagojevich under Illinois’ Freedom of Information Act (“FOIA”). 

 

The BGA started this litigation for two primary reasons:

 

1.       We believe the public has the right to know what is going on with its government.  Public officials overwhelm us with press releases and news conferences to extol their victories, but seek to limit and control information when things go wrong.  As the public pays for both the good and the bad, we feel the public should have a clear idea of what is happening at the highest levels of state government.

 

2.       We believe that the law applies to everyone, even the Governor of Illinois.  He has public records relating to a very important issue, namely that his office has been served federal grand jury subpoenas.  Anyone with a passing knowledge of Illinois recent history knows this is a disturbing development.  However, rather than ignore this unpleasant issue, it should be aired to the fullest extent possible.  Simply being Governor does not mean public records laws don’t apply to you or your office.

 

During the entire course of the trial and the appeal, Blagojevich’s lawyers have argued that federal law bars the Governor from releasing the subpoenas, despite their inability to point to any specific language prohibiting such disclosure.  Further, they admitted in court that Governor Blagojevich couldn’t be punished under any law if he did, in fact, disclose the subpoenas.

 

Unsurprisingly, the Governor has now added a loss at the appellate level to go with his loss at the trial level.

 

At this stage the BGA sincerely hopes that Governor will stop spending taxpayer dollars on his private attorneys and comply with the court’s decision and hand over the subpoenas.  Clearly, the public is well aware that the Governor’s administration is under federal investigation.  To continue spending tens of thousands of dollars on attorneys fees in a losing battle doesn’t serve the public well and does nothing to bolster the Governor’s already battered reputation.

 

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Posted on: 11/21/2008 at 9:32 AM
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Illinois needs a stronger Freedom of Information Act

Posted by jstewart

Recently the Springfield State Journal Register wrote a blistering editorial calling on Attorney General Lisa Madigan to lead the legislative charge to strengthen Illinois' Freedom of Information Act.  The BGA seconds that emotion.

Back in 2006 the BGA did an analysis of local governments' compliance with the Act.  Our report, Curiosity Killed the Cat, highlighted the very poor performance by local units of government across the state.  Of the over 400 units of government we FOIAed, approixmately 40% never even bothered to respond in any fashion.  Rather than complying with state law, most units of government seemed preoccupied with trying to figure out why we wanted the records in the first place. 

Furthermore, the Attorney General's own office has compiled thorough annual reports that demonstrate the systemic lack of compliance with the Act. 

Back in September of 2007 the Attorney General publicly vowed to strengthen the Act through new legislation.  Although the BGA applauds the Attorney General for her work in support of the Act and the creation of the Public Access Counselor, we feel time for more substantive action has come.  There is no confusion as to whether the Act is too weak or not, it clearly lacks the necessary toughness.

In the 21st century citizens expect, and are right to expect, that they should be able to demand and receive most public records.  We pay taxes that fund government, the government rules in our name, and we are expected to follow the rules that government imposes.  In exchange, it is only fair and reasonable that government should be required to produce documentation as to how they spend our money, administer our programs and create the rules.

The Freedom of Information Act needs to be revised to ensure quick responses, pare down the number of records exempt from disclosure, make attorneys fees easier to obtain and strengthen the penalties for non-compliance.  These steps would make state and local government live up to the premise of the Act, namely that "all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees."

Justice Bradeis once famously stated "Sunlight is the best disinfectant."  Bad policies, bad spending decisions and bad administration all depend on some degree with remaining in the shadows.  If the public is simply unaware of what government is doing and government will not share the information with the public, the public suffers through poor spending decisions and poor policy.  Transparency, or sunlight, is the best cure for the problem.  Better yet, with these tough economic times reforming the Freedom of Information Act is relatively inexpensive, it is no major public works program or tax hike.  Furthermore, more tranparency would likely expose wasteful and inefficient programs, thereby freeing up precious public dollars for legitimate govenrment programs and services.

The BGA is looking forward to the Attorney General living up to her promise to stenghten the Act in the Spring legislative session.  Failure to do so will cause that promise to ring hollow.

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Posted on: 11/14/2008 at 3:34 AM
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The Power of Presidential Politics

Posted by jstewart

Not long ago,  I wrote that the Better Government Association was amazed by Mayor Daley’s audacity to claim in an interview “I don’t know where we get this, this idea that there’s a big Democratic machine going on. Chicago and the metropolitan area is very Democratic and the state is. There’s no, this machine. I thought it was laughable.” 

This is an update of that prior post because now we are happily surprised that Mayor Daley is NOT denying that there are machine politics in Chicago. 

Mayor Daley is indignant that John McCain’s campaign has alleged that his brother, former U.S. Commerce Secretary and Obama advisor Bill Daley, is representative of Chicago machine politics.  Amazingly, he did not dispute the heart of the ad, Chicago and Illinois politics are hopelessly corrupt.

This is a change of pace for a politician who has done more to further the myth of the Clout Fairy than any other person alive.  Anytime something blows up in the Mayor’s face it is always the Clout Fairy or his henchmen, “A Few Bad Apples™,” that are responsible.  Anyone but the Mayor. 

Only in Chicago can someone have a reputation for being a master of detail while also claiming to be completely oblivious to an unfortunate reality staring them in the face.  Kudos to Mayor Daley for pulling it off.  However, his reaction to the McCain ad shows he might be walking away from the “hear no evil, see no evil, speak no evil” approach to government ethics and integrity.

I guess recent events demonstrate the power of Presidential politics.  Before pressure mounted on Senator Obama to get involved in the pay to play legislation debate in Springfield the matter was likely headed towards an ignoble defeat in court.  After Senator Obama made a phone call to Emil Jones the legislation was quickly turned in to law. After denying the existence machine politics a few weeks ago Mayor Daley suddenly defends his brother, but doesn’t deny the underlying problem of machine politics.

For Illinois’ and Chicago’s sake maybe we should have Barack Obama run for President every year simply to ensure that the issue of Chicago and Illinois corruption is constantly at the forefront of our politicians’ minds rather than an issue to be downplayed, delayed and, if possible, ignored.

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Posted on: 10/26/2008 at 1:00 PM
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FOIA? I don’t need no stinkin’ FOIA!

Posted by jstewart

It would be a bit of an understatement to say that the BGA has been critical of Governor Blagojevich over the years.  However, back in 2004 we actually congratulated him for a job well done.

 

At the time the General Assembly had passed a bill that would have set a 60 day limitation on the filing of Freedom of Information Act (“FOIA”) lawsuits.  Under the proposed law if your FOIA request to a public body was denied you would have to file a suit within 60 days of the final denial.

 

The BGA called upon the Governor to veto the legislation.  To his credit, the Governor did exactly that.  My guess is right now he is probably regretting that decision. 

 

In 2006 we sent a FOIA request to the Governor asking for copies of federal grand jury subpoenas that had been served upon his office.  Our final denial from the Governor’s office occurred on September 15, 2006.  On January 4, 2007, we filed suit, 110 days after the last denial. 

 

We won at the trial level.  The Governor appealed and on September 16th, 2008 the 4th District Court of Appeals held oral arguments.  I thought we had the better of the argument and the BGA believes it will be victorious on appeal and the appellate court will uphold the trial court’s decision.

 

I just hope that the General Assembly doesn’t get any more bad ideas and revisit the statute of limitations issue.  Counting on Governor Blagojevich once to do the right thing was risky.  I don’t have a lot of faith he would do so twice.

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Posted on: 9/17/2008 at 9:42 AM
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