Illinois Public Media News
Rahm Emanuel will stay on the ballot. That's the word from the Illinois Supreme Court. In a stinging rebuke, the Court overturned an appellate court ruling that found Emanuel failed to meet a one-year residency requirement to run for Chicago mayor. The Supreme Court majority opinion said the "novel standard adopted by the appellate court majority is without any foundation in Illinois law. "
The justices unanimously found that the appellate court was wrong in overruling decisions by the Chicago Election Board and a Cook County Circuit Court judge that Emanuel had fulfilled residency requirements.
"Only when abandonment is proven is residency lost," according to the majority ruling. "Again, because it is uncontested that the candidate was a Chicago resident at least until January 2, 2009, when he resigned his office as Representative from the Fifth Congressional District of Illinois, the Board correctly determined that the relevant question was not whether the candidate had established residency in Chicago, but rather whether the objectors had proved by a preponderance of the evidence that thecandidate had abandoned that residency at any time during the one year period before the February 22, 2011, election."
In explaining its decision further, the Supreme Court majority wrote:
"So there will be no mistake, let us be entirely clear. This court's decision is based on the following and only on the following: (1) what it means to be a resident for election purposes was clearly established long ago, and Illinois law has been consistent on the matter since at least the 19th Century; (2) the novel standard adopted by the appellate court majority is without any foundation in Illinois law; (3) the Board's factual findings were not against the manifest weight of the evidence; and (4) the Board's decision was not clearly erroneous."
The decision likely ends the months-long debate over whether Emanuel's time living in Washington, D.C. while working as President Obama's chief of staff meant that he had given up his Chicago residency. A former congressman from the city's North Side, Emanuel has insisted he always intended to return to Chicago after completing his White House service.
This fall, more than two dozen objections were filed with the Chicago Board of Elections seeking to have Emanuel removed from the ballot. The hearings that followed included a nearly 12-hour testimony from Emanuel himself. A hearing officer eventually ruled in favor of the candidate, a recommendation confirmed by the three commissioners on the election board.
On judicial review, the decision was upheld by Cook County Circuit Court Judge Mark Ballard, but reversed by a state appellate court panel this past Monday. In a 2-to-1 ruling, the appeals court found that Emanuel was indeed eligible to vote in the February 22nd election, but was not eligible to be a candidate.
Less than a day later, Emanuel's team appealed the decision, and within hours the Supreme Court agreed to consider the case on an expedited basis. At roughly the same time, the court ordered the election board to include Emanuel's name on all ballots it was printing while the appeal was still under consideration.
The state Supreme Court's decision to keep Emanuel on the ballot likely ends the ballot challenge. Earlier this month, lawyers for both sides acknowledged there was no U.S. Constitutional issue that could land the case in the federal courts.
Emanuel returned to Chicago in October of 2010. This followed the announcement by longtime Mayor Richard Daley that he would not seek re-election to the office.
In a recent Chicago Tribune poll taken before the appeals court ruling, Emanuel held a wide lead over the five other candidates in the race. Emanuel was garnering 44 percent, with former U.S. Senator Carol Moseley Braun winning 21 percent. Gery Chico, a former school board head appointed by Daley, had 16 percent, with City Clerk Miguel del Valle at 7 percent.
Former non-profit director Patricia Van Pelt Watkins and community activist and frequent candidate Bill "Dock" Walls are also on the ballot.
(Photo by Sam Hudzik/IPR)
Former Chicago police Cmdr. Jon Burge will get to keep his public pension benefits, despite a federal conviction for lying about the torture of criminal suspects, a police pension board voted Thursday.
The 4-4 vote by the Policeman's Annuity and Benefit Fund of Chicago means that Burge, 63, will be able to collect rouhgly $3,000 in benefits each month for the rest of his life. Five votes were needed to terminate Burge's pension.
Thursday's vote comes less than a week after Federal Judge Joan Lefkow sentenced Burge to 4 1/2 years in prison for lying about the torture of scores of criminal suspects during the 1970s and 1980s. In 2006, a special prosecutor found Burge likely oversaw the beating, suffocation and electro-shocking of suspects in police custody, but he was never charged for the abuse because the statue of limitations had run out.
Burge's perjury conviction stems from false statements he made in 2003 connected to a civil trial. He was fired from the Chicago Police Department in 1993 for mistreating a suspect. Pension board trustee Michael Shields, who voted against cancelling Burge's benefits, said Thursday's vote had nothing to do with the torture allegations. He said Burge was no longer on the force when he perjured himself.
"I don't want Chicago police officers to, you know, live in fear that 15 years after their retirement - such as Mr. Burge's case - they will be stripped of their pension fund," Shields said. "Jon Burge was no longer serving the police department. He was no longer acting in any official capacity as a Chicago Police Officer."
Illinois pension law says employees should lose their pensions if they're convicted of a felony "relating to or arising out of or in connection with" their job.
Chicago City Treasurer Stephanie Neely, the board member who moved to ax Burge's pension, acknowledged that the perjury took place a decade after he'd left the police department. But she said there's no doubt his actions were connected to his job.
If the trustees had voted to terminate Burge's retirement benefits, he would have been in for a one-time $66,000 payout, and could have appealed the decision to a Cook County court. But Thursday's vote leaves no room for appeal, said a lawyer for the board.
"To me, there was enough gray in the law that I would like to see the appellate court's decision," Neely said.
(With additional reporting from the Associated Press)
U.S. Rep. Mike Pence of Indiana says he will not seek the Republican nomination for president in 2012.
The Indianapolis Star reports Pence told supporters in a letter Thursday that he will bypass a White House bid. There is no word yet on whether he'll run for Indiana governor.
The congressman's future has been the subject of speculation since he resigned the No. 3 GOP House leadership slot after winning sixth term in November.
The 51-year-old Pence is a darling of social conservatives and had made multiple trips to states that host early presidential primary contests. He lacked name recognition in what's likely to be a crowded field for the 2012 nomination for president.
State law bars Republican Gov. Mitch Daniels from seeking a third term.
(Photo courtesy of Mike Pence)
Unemployment rates dropped in December in every county in Illinois for the first time since data collection by the Illinois Department of Employment Security began in 1974.
The department reported Thursday there were 46,300 more jobs in Illinois last month than there were in December 2009. It was the fourth consecutive monthly year-over-year increase.
According to employment security, the Illinois metropolitan areas recording the largest declines in unemployment were Rockford, down 3.3 points to 13 percent; Peoria, down 2.5 points to 8.8 percent, and Decatur, down 2.2 points to 10.4 percent.
The Chicago-Joliet-Naperville metropolitan area saw its unemployment rate drop 2 points to 8.6 percent. Overall Illinois unemployment in December was 8.8 percent.
Employment Security director Maureen O'Donnell says despite the weak economy, the long-term trend has Illinois gaining jobs.
The independent documentary, "For Once in My Life," will be screened at Illinois Public Media's Community Cinema series. The film is an infectious, expectation-defying look at the Spirit of Goodwill band, a unique assembly of singers and musicians with a wide range of mental and physical challenges. The screening will be followed by a discussion of local issues. Community Engagement Producer Henry Radcliffe talks about the documentary will Illinois Public Media's Celeste Quinn.
A legal dispute between the Champaign-Urbana Mass Transit District (C-U MTD) and the Champaign Southwest Mass Transit District (CSWMTD) is a step closer to heading to the Illinois Supreme Court.
The C-U MTD board voted unanimously Wednesday to appeal a ruling by the Fourth District Appellate Court stating that the two transit districts can share boundaries.
The CSWMTD was approved by voters in 2006 as a response to the C-U MTD annexing property in Southwest Champaign. Voters wanted to prevent C-U MTD service from coming into certain neighborhoods. Some people who live where the two transit districts overlap pay property taxes for both services, even though the CSWMTD provides no transit service.
"We don't think that Illinois law permits double taxation for identical services," C-U MTD attorney Marc Ansel said. "There have been cases in Illinois involving identical local governments seeking to tax and service the same territory, and the supreme court of Illinois we believe has said that can't be done in the state of Illinois."
Ansel said he hopes the Illinois Supreme Court will decide to hear the case within a couple of months. He said if that happens, oral arguments could begin later this year.
Meanwhile, the CSWMTD board voted to appeal the appellate court's ruling earlier this month also stating that residents should not have to pay higher taxes for two transit services. If there is a final court decision, CSWMTD Chairman Ed Vaughan acknowledges that his group may have to come to a decision about whether to actually provide bus service.
"We've been recognizing that we've got that coming for quite some time, and every one of us pondering exactly what we think we ought to do," Vaughan said. "And we will have that discussion.
At a time when Champaign's city council is considering cuts to the police and fire departments, a candidate for mayor suggests cutting in other areas of city staff.
Don Gerard unveiled his own proposed budget at last night's city council meeting. He suggests $380,000 could come from reducing positions in the finance and the city manager's office.
"They are working for us," Gerard said. "I propose cuts in legal, I propose cuts in information technology, I think those are completely reasonable. If we're going to cut firemen, why we can't cut another lawyer, and we did our homework on these types of things.
Gerard also wants 13 of the highest paid employees to take a 10-percent salary cut, exempting the police and fire departments. He said those include the city manager, finance director, city attorney, and the director of the Champaign Public Library. His plan also suggests that the city refinance its more than $40-million pension debt, paying it off at a lower interest rate in 20 years instead of 10.
Gerard contends the pension plan will produce savings of about $11-million in three years. He is running against longtime mayor Jerry Schweighart in April.
(Photo courtesy of Don Gerard)
An Illinois appellate court ruled Wednesday that lawmakers have to start over if they want to raise taxes and legalize video gambling to pay for a $31 billion statewide construction plan.
A unanimous 1st District appellate court tossed out higher taxes on liquor, candy, and items such as toothpaste, along with video-machine gambling in taverns. They said the law making the changes violated the state Constitution's prohibition on bills that deal with more than one subject.
Gov. Pat Quinn, who vowed an immediate appeal to the state Supreme Court, signed the law in July 2009. It increased revenue to fund a long-awaited plan for building highways, bridges, schools and making other infrastructure improvements. Chicago Blackhawks owner Rocky Wirtz, who also heads one of the state's largest liquor distributorships, sued Quinn and other state officials over the law just before it took effect in September 2009.
"This lawsuit was always about how the legislature passed this bill and the discriminatory tax on wine and spirits," Julia Sznewajs, a spokeperson for Wirtz Beverage Illinois, wrote in a statement. "The decision affirms that and we are gratified by it."
The items taxed at higher rates by the law won't immediately drop in price while all players wait to see how an appeal proceeds.
The legislation legalized video gambling and raised liquor excise taxes and taxes on candy, some beverages, and grooming products. It also allowed for private management of the Illinois Lottery, required financial reports on capital projects from the governor's office, and even commissioned a University of Illinois study on the effect of lottery ticket purchases on families.
Not all of them had to do with state revenue, the court said.
"The wide range of topics in (the law) cannot be considered to possess a 'natural and logical connection,'" the court opinion read.
It also invalidated several companion pieces of legislation, including the mechanism for funding capital construction projects.
Quinn said he would seek a stay of the decision from the Supreme Court, putting the appellate court's decree on hold until the high court could decide the issue.
"Capital bill projects are putting thousands of people to work in every corner of the state, while supporting local business, improving our infrastructure and increasing energy efficiency," the Democratic governor said in a prepared statement.
Both Democratic Senate President John Cullerton of Chicago and House Minority Leader Tom Cross, R-Oswego, issued statements reiterating their commitment to job growth through state-sponsored construction.
Two East Central Illinois lawmakers predict the legislature will still find a way to bail out the capital plan, should Illinois' Supreme Court knock it down or refuse to hear the case.
Democratic Senator Mike Frerichs said given the importance of what's at stake, he is confident that a bipartisan group of lawmakers, with the necessary legal help will make the changes to see it through.
"We had attorneys involved the first time, but I think we'll probably look a little closer, take the opinions of the appellate court justices in mind or the Supreme Court justices in how they rule," Frerichs said. "We should be able to fix it this year."
Frerichs said it is vital that the state do what it can to improve roads and other infrastructure, and building work at the University of Illinois and other college campuses around the state.
Catlin Republican House member Chad Hays said a number of projects are pending in his district that rely on these funds, including more than $800,000 for upgrades to the David S. Palmer Arena, and funds for an education center at Kennekuk County Park. Hays said some of those dollars have already come through.
"Just last week some funding for some energy efficiency upgrades at the Danville YMCA for example were released," Hays said. "So prior to this ruling by the appellate court, some of that money was actually beginning to flow."
Hays said he has staff reviewing the appellate court's opinion, and agrees quick action on a new plan could be needed to protect projects in his district.
Illinois legislators will be back in Springfield next week.
If the Supreme Court upholds the ruling, lawmakers would have to begin anew to adopt video gambling and the tax increases necessary to pay for construction - presumably breaking legislation up into smaller pieces.
A spokeswoman for Attorney General Lisa Madigan, Robyn Zeigler, said in an email that the state will ask the Illinois Supreme Court for an immediate stay of the decision. That will be filed Thursday, Zeigler said.
(Additional reporting from the Associated Press and Illinois Public Radio)
Champaign's City Council has unanimously recommended a series of budget cuts with the condition that the largest ones might be removed from the chopping block after further discussion.
The crowd of about 70 people heard about the city's dismal financial outlook that has already meant $9-million in budget cuts in the last 3 years, and $2-million in the current proposal. Firefighters and other unions say a plan to cut minimum staffing at the west side's station 4 a threat to public safety.
"If finances trumps the safety of the citizens and your firefighters, then we find it ironic that the thousands of residents that live from Southwest Champaign to Northwest Champaign and pay arguably the highest taxes will be receiving a reduced level of fire and medical services," Chuck Sullivan of Champaign Firefighters Local 1260 said. "We strongly urge to reconsider your vote this evening and table the idea of reducing firefighter staffing."
Council member Tom Bruno said he would prefer 27 to 25 firefighters, but said the move makes sense.
"We have to be adults about the problem we face and make a cut somewhere," Bruno said. "I think this is a reasonable cut in a package of reasonable cuts - all of which are painful, but there isn't always an easy solution to life's problems."
Some citizens are also concerned about a proposal to close the front desk of the police station from 7 p.m. to 7 a.m. Michael Wilmore with AFSCME Council 31 said it means less communication among officers.
"The cuts that you're talking about in the records department and the front desk are going to be eliminating a lot of people that are the centerpiece of information who give information to the officers in the field." Wilmore said. "Real time information on criminal activity and criminal suspects. If you cut them out, the police in the field are not going to have up to date information. The city will be less safe."
Council member Karen Foster said she will approve the change only as a last resort.
"I've sat with the records department at the police department and I know exactly what they're going through every day," she said. "I just cannot fathom having one police officer come and do all those duties. I just cannot see that."
Foster said she voted for the budget reductions only after talk of seeking out new revenue, and refinancing some of the city's pension debt by issuing municipal bonds, an issue the council will discuss again in March. Champaign City manager Steve Carter said that could save the city about a million dollars in the next year.
The city council also backed a voluntary employee buyout plan similar to one enacted last year at the University of Illinois with hopes that will lessen the need for layoffs in areas like police and public works.
Gov. Pat Quinn signed major reforms to Medicaid into Illinois law on Tuesday, calling it a "landmark achievement" as he was flanked by a bipartisan group of state lawmakers who said the changes aim to reduce costs, pay bills sooner and target fraud.
But some health care advocates said they're concerned because the reforms to the program that provides medical care to the poor include requiring half of all patients on Medicaid be on managed care by 2015.
"It is a landmark achievement, I think, for health care in Illinois," Quinn said.
Quinn said the Medicaid reform efforts are one part of his plan to "stabilize our budget," as Illinois works to plug a deficit that is projected to hit $15 billion in the coming year.
The governor s office estimates the changes will save between $624 million to $774 million over five years. The program's annual budget is $7.6 billion, about one-third of the state's general revenue fund budget. In Illinois, Medicaid is administered by the Department of Healthcare and Family Services and includes about 2.8 million people.
Another cost-saving measure would limit income for future enrollees into Illinois' health care program for children, All Kids, to 300 percent of the federal poverty level.
The law emphasizes HMO-style "managed care" and reduces the use of costly institutions for people with physical and mental disabilities. It would require the state to pay Medicaid bills sooner, reducing late-payment penalties. It also would take steps to ensure ineligible people don't sign up for medical care.
Barbara Dunn, executive director of the Community Health Improvement Center in Decatur, said she has doubts and concerns about plans to require 50 percent of patients to be on managed care by 2015. The center also has offices in Champaign and Mattoon and half of the 19,000 patients it serves are on Medicaid.
"It can work for them but I don't see it as a slam dunk," Dunn said. "I think it's going to be very difficult to do."
Gina Guillemette with the Heartland Alliance in Chicago said she is particularly interested to see how the move to managed care affects populations that the group serves, including the homeless and mentally ill.
"How they proceed is really critical," Guillemette said. "I think that attention to what people's needs are and what best practices are in integrated and coordinated care are really going to be important."
Sen. Heather Steans, D-Chicago, said the bill improves the way government delivers services.
"This is providing better health care outcomes at a reduced cost," Steans said. "We are providing the opportunity to move people out of institutions into home and community-based care settings."
Republicans, like state Sen. Dale Righter of Mattoon, said there was cynicism about any success before work started on the legislation. But the changes are necessary, he said.
"This program was on a collision course," Righter said. "It had an unsustainable rate of growth where liabilities were far outstripping the revenues available to pay for it."
Other changes would help ensure that only eligible people enroll in Medicaid. Clients would have to provide additional evidence that they meet income requirements, live in Illinois and, for continuing clients, that they're still eligible.
Jim Duffett, executive director of the Campaign for Better Health Care based in Champaign, said moving patients to Medicaid managed care is a concern.
"We just want to make sure as this process moves forward that there are extra strong consumer protections for people on Medicaid and for the provider community to also be protected," Duffett said.
HFS director Julie Hamos said the state now has a road map to efficient and effective Medicaid.
"This will not be easy," she said. "We are talking about transforming the system.
Page 662 of 833 pages ‹ First < 660 661 662 663 664 > Last ›