Wednesday, July 28, 2010

An Inspector General for Metra

The Senate Committee on State Government and Veteran's Affairs took testimony on Metra reforms this morning. ICPR testified to our experiences with crafting Inspector General legislation as part of a panel that also included Andy Shaw of the BGA, David Hoffman, and Kate Pomper of BPI. ICPR's testimony is below.

Testimony of David Morrison
Deputy Director of the Illinois Campaign for Political Reform

Before the Senate Committee on State Government and Veterans Affairs
Wednesday, July 28, 2010

Senator Demuzio, Members of the State Government Committee: Good morning, and thank you for having me. It is an honor and privilege to meet with you this morning to discuss ways to increase accountability and transparency at Metra, and in particular, how best to create an Inspector General. My name is David Morrison; I am the Deputy Director of the Illinois Campaign for Political Reform. I have been with ICPR for 10 years, and worked on legislation in 2002 creating an Inspector General for the Secretary of State's office, and in 2003 creating Inspectors General for the elected statewide constitutional officers. Inspectors General can play a vital role in assuring the people of the state that laws and procedures are being obeyed and that wrongdoing is being minimized, and I am delighted to see that this Committee is interested in creating statutory language to give a new Inspector General the kind of authority, protection, and resources that she or he will need to do her or his job properly.

I realize time is short today so I will briefly outline elements that contribute to a successful Inspector General. One essential element that cannot be legislated is finding a person with the character, temperament, and training to stand up for the rule of law. Broadly, what you want in an Inspector General is someone who can uncover deception and call into question acts which are or appear to be improper. While you cannot legislate the quality of person who holds the position, you can ensure that the position has the tools that an IG will need in order to do the right thing. So let me outline what you, as legislators, can do to provide for a successful IG.

(1) IGs should have the authority to act on their own initiative. An IG should not be limited to investigating only formal complaints. Where they see problems, whether in a news story, a casual conversation, or an anonymous note shoved under the door, IGs should be allowed to pursue that matter until they have identified the wrongdoing or are satisfied that no laws or procedures were violated. There should be no limitation on the form of a complaint - no requirement that it be signed, notarized, or reduced to writing - that would prohibit an IG from investigating problems that are common knowledge at an agency but that no one is willing to speak out against.

(2) IGs should have the autonomy to issue their own subpoena. The necessity of subpoena power depends in part on whom the IG will be overseeing. If they are charged only with watching over agency employees, then it may be possible to provide statutory authority to access any and all agency employees and records without delay or interference. But if the IG will be considering matters that necessarily or properly include outsiders -- former employees, job applicants, consultants, contractors, bidders on contracts, etc. -- then they must have the ability to compel the production of records, documents, and witnesses to aid in their investigation. Requiring an IG to seek approval from someone else not only delays an investigation, it risks giving notice of the investigation before the IG is ready to make it public. Autonomy is important.

(3) IGs should be appointed by someone outside of the agency where they are based. When we worked on the 2002 and 2003 laws that created Inspectors General, the ghost in the room was Dean Bauer. Dean Bauer had been appointed Inspector General by then-Secretary of State George Ryan under his authority as Secretary of State (in other words, this was not a statutory position). Bauer went on to quash investigations that might have embarrassed Ryan. More than seven dozen federal criminal convictions followed and while not all can be blamed on Bauer's actions or inactions, his duty was to stop wrongdoing and he did the opposite. Illinois' experience with Dean Bauer shows why it is so important that the IG be independent from the people he or she is charged with overseeing. While an IG should understand and even mesh with the culture of the organization in which he or she is based, it is also important that the IG be independent of the hierarchy of that organization. Dean Bauer was not able to play that independent role, despite his professional background in law enforcement, because he was too committed to the person who named him to the position.

I acknowledge that the 2002 and 2003 laws that created Inspectors General allowed for the statewide elected officials to name their own IGs, and I want to discuss that in a little more detail. The statewide elected constitutional officers were not willing, for a variety of political and policy reasons, to agree to have anyone else name the IG for their office. They are all elected in competitive, partisan elections, and their concerns, I think, boiled down to a fear that an IG with loyalties to someone else might embarrass them at election time. Nevertheless, there are protections in statute for those IGs to augment their independence. They are (1) confirmed by a 3/5 vote of the Senate, and (2) they are given terms that last longer than the office holder who appointed them, so that they will, over time, serve under officials who did not appoint them. (3) Their compensation is fixed by the Executive Ethics Commission, not the officer under whom they serve, and (4) they cannot be removed except for cause. Each of these elements provides the IG with additional autonomy despite the risk of attachment to the appointing authority. And, I would add, the Metra, and for that matter RTA, boards are not filled in partisan elections, so the policy and political reasons for allowing the statewides nominate their own IGs do not apply here.

Inspectors General serve the public by offering assurances that the agency they are watching is obeying stated rules and regulations. But it is essential that the office of the Inspector General be created in such as way that they can play that role with integrity. I applaud this committee for asking the right questions and for starting this deliberative process in a public and forthright manner, and I look forward to working with you all in order to craft a solution to the problems that now beset the RTA, Metra and its riders.

Thank you.

Tuesday, July 27, 2010

Cook County Lobbyist Info Now Available

Statement of David Morrison, Deputy Director of the Illinois Campaign for Political Reform on the launch of the Cook County "Lobbyist on Line" Information Website
July 27, 2010

Paid, professional lobbyists are seeking to influence Cook County's multi-billion dollar budget and the allocation of taxpayer resources. This website is a model that other units of government should look to as an example of how to reveal the work of lobbyists. The curtain is pulled back, and the public can see it all -- the good, the bad, and the mundane.

With this website, Cook County is taking a great leap forward in revealing the work of lobbyists. The public is best served with more, up-to-date, detailed information about how their government works, and this website shows how to let the public know who's being paid how much to lobby which government officials on what issues.

We commend Cook County Commissioner Bridget Gainer, and the whole Cook County Board, for requiring this level of lobbyist disclosure, and Cook County Clerk David Orr for making available the information in such a user-friendly, accessible format.

The County's statement is here.

Tuesday, July 20, 2010

D2 Day Update

Today is D2 Day, when campaign finance reports are due to be filed at the State Board of Elections. Some candidates filed earlier this month, and some leaked data to reporters, but experience shows that about half of all donations that will be reported will be reported today. To follow the donations, go here.

A few tidbits jumped at us :

* Citizens for Emil Jones, the political committee of the former Senate President, reported $257K in loans to others. Most of that went to Pat Quinn ($150K) and Todd Stroger ($100K) but it's the rest that's interesting -- the political committee loaned $7,500 to Emil Jones himself. All of the loans (15 of them) were in $500 increments. Sen. Jones, Jr. (his son, Sen. Emil Jones, III, does not report such loans) has a history of taking loans from the campaign fund, and currently owes his fund in excess of $30,000. Candidates are generally barred from taking campaign funds for personal use, but a grandfather clause exempts funds raised before June 30, 1998. Whether this becomes part of his "personal use" exemption, whether he pays interest on these loans, what the full implications are, all remain to be seen.

* Citizens for Arthur L. Turner reported raising $72K over the first half of 2010. That's the fund for current state Rep. Art Turner, who came in second in the Democratic primary for Lt. Governor. He donors include the beer distributors and the IL Chamber (tied for the biggest donations, at $2,500) and some smaller checks from the usual legislative donors -- AT&T, Com Ed, Dent-IL PAC, the bankers, ITLA, etc.. His son, Art Turner II, is seeking the house seat. His fund reported raising $25K over the six-month period. What's striking is that the father raised far more after the primary than the son did. Citizens for Arthur L. Turner raised $25K after the primary, while Citizens for Arthur Turner II raised just $2K. Yet, Citizens for Arthur Turner II has an election in the fall, while Citizens for Arthur L. Turner does not.

* State officials seeking federal office often mothball their campaign funds while running for federal office. State Rep. Beth Coulson, for instance, reported raising no money in her state fund while seeking the Republican nomination for congress in the 10th CD this year. State Sen. Randy Hultgren, though, did continue to raise money in his state committee while seeking his party's nomination in the 14th CD. Most of the $5K he reported raising appears to have come from donors who could not have given to his federal committee.

* Gov. Pat Quinn closed out his federal campaign fund in May. The fund was created for a long-ago US Senate race In his final report, he claimed $3K in receipts and $9K in expenditures, taking the balance to -0-. Those expenditures included $9K in credit card bills, but he did not itemize where that money went. The committee is finaled out, but we hope that he will itemize those expenditures in an amended report.

A bunch of new committees have been formed since the start of the year, and not just in support of particular candidates. These span the political spectrum, though these appears to be more activity on one end than on the other. Here's a very quick run down of recently formed committees; most had not filed as of the last time we looked:

* The Civil Rights Agenda Fund - formed by a former Democratic Party of Illinois staffer, this committee supports "LGTBQQIA Advocacy."

* - formed by Karen Boehning, a frequent donor to Democrats at the federal level.

* Citizens for a Fair Judiciary - a Metro East committee set up by Democratic supporters of one sitting judge facing retention(Andy Matoesian) and one candidate for the bench (William Mudge).

* Republican 2010 Victory Committee - Despite the grandiose name, the committee is focused on a portion of southwest suburban Cook County, where Chairman Brian Sloan is running for Cook County Board.

* RGA Illinois 2010 PAC - Based in DC, this group was formed in January, before the primary, "to support the election of a Republican governor in Illinois."

* Free Our Streets PAC - founded by jazz vocalist and trumpet player Ian Bayne, who also supported Mitt Romney for president and gave to the Illinois Mortgage Bankers PAC.

* Freedom of Opportunity PAC - Andy McKenna lost the Republican primary, but he's still active in politics. He's chairing this fund, which reported raising $62K from the likes of John Buck (of The John Buck Company); John A. Canning, Jr. (of Madison Deerborn Partners); and Michael Ferro, Jr. (of Merrick Ventures). No word yet on whether Mary McKenna will be giving.

* For the Good of Illinois PAC - Adam Andrzejewski lost the Republican primary, but he's still active in politics, too. He's chairing this fund, which had $5,000 on the day it was formed (no word yet on where it came from).

* Transparent Illinois was set up by a staffer at Resolute Consulting and funded (so far) by a donation from Central Strategies, "a sister company" of Resolute, according to the website.

* Welcome Wal-Mart was created by staffers at Grainger Terry, a political consulting and government relations firm. It reported no receipts in the first half of the year.

* The Practical Party was formed as a state committee to support Carl Officer's bid for US Senate.

* Illinois Values First appears to have been formed by a Serbian actor named Dusan Fager.

We welcome your comments or e-mails, particularly if you see any details that you think deserve further illumination.