State legislative staff working campaigns on State payroll:

The oral argument in front of Judge John K. Madden went well. He seemed to be buying our arguments all the way.

He gave the Philip and Madigan lawyers trouble by questioning them
persistently, if not sharply, on several matters:

He set up the Elizabeth Ray hypothetical: what if a state official set up a condo with a bunch of babes in Florida with the babes on the state payroll to be available for fun in the sun. Would their time sheets be available for citizen inspection to determine whether they ever worked? The defendants had to answer "no."

Then he said, well, whether these records are personnel records which can not be redacted to excise personal matters is a fact-intensive inquiry which the Court will have to determine by looking at the records in chambers (which was what we were urging) what do you think about that? Defendants didn't have much of an answer except to say that the time-sheets and days off records are personnel records because they keep them with the personnel files. A little circular?

Well, circular or not, when the judge finally ruled, he simply issued a written memo that the law of the case was controlled by Illinois Appellate Court's opinion in Gibson v. Illinois State Board of Education in which it was determined that personnel records were per se exempt from public disclosure. 289 Ill.App.3d 12, 20, 683 N.E.2d 894, 899 (1st Dist. 1997). While Judge Madden has previously indicated that he might apply some kind of a balancing test or examine the documents in camera to determine whether they showed improprieties, in the end, he held that he was constrained from the exercise of any discretion.

Public Access determined not to appeal for fear of strengthening the Gibson decision or potentially establishing even worse law. Public Access plans to file a taxpayers' class action suit seeking to recover the stolen money for the State treasury.

Read the briefs in pdf format:

Brief of Public Access Project

Reply Brief of Public Access Project

Brief of Senate President James (Pate) Philip

Reply Brief of Senate President James (Pate) Philip

Brief of House Speaker Michael J. Madigan

Reply Brief of House Speaker Michael J. Madigan

View initial court pleadings.

Sun-Times catches Senate Republican Staff using State offices to run campaigns on election day.

Preliminary evidence shows House Republican Staff as the worst abuser costing State taxpayers over $40,000 per month (salaries, in employee benefits, office overheads and vouchered travel) State subsidies to House Minority Leader Daniels' favorite candidates. During the same period, the parallel House Democratic staffers appear to be off the State payroll and and not submitting travel vouchers. It is not yet known whether the State is still paying for their employee benefits, etc. See CapitolFax newsletter story 10/30/2000.

On 10/28/2000, Chicago City Treasurer pled guilty to one felony count of federal "mail fraud." As described by the Chicago Tribune:
The count of mail fraud related to a letter Santos sent to an attorney who had hosted a campaign fundraiser for her. In her plea, Santos admitted the letter was prepared on city time by a treasurer's office employee.

"Because she is pleading guilty to a felony in regard to the use of campaign workers, I think it stands as a warning to other public officials that ... (they) will not be allowed to use their offices for personal gain," U.S. Atty. Scott Lassar said at a news conference after Santos' hearing.
Prosecutors said the issue in Santos' case was not what she did personally, but what she had city workers do on her behalf.
"What she was charged with and (pleaded) guilty to was directing and causing her employees to abandon their city work and do campaign work," said Assistant U.S. Atty. Gary Shapiro. "It's an important distinction."

How, pray tell, is what Ms. Santos did any different than practices in which it appears all 4 legislative leaders engage?

At the close of 2000, some candidates have now filed campaign finance disclosures showing the value of the salaries of the legislative staffers and the cost of their health insurance as in kind contributions from their party committees for just a few days late in the campaign.

On August 27, 2001 a United States District Court jury convicted Calumet City, Illinois Mayor Jerry Genova and one of his assistants of numerous federal offenses including several thefts of public money for private purposes. Sentencing has not yet occurred but it is apparent that Genova will be "wearing a striped suit" for several years. It is difficult to distinguish much of what Genova did from the acts of these legislative staffers - except that maybe they were told what to do by 4 of the top officials of the State of Illinois!