Illinois Comptroller: 'I Can't Pay State Legislature'

By Chuck Sudo in News on Jul 25, 2013 10:25PM

Illinois Comptroller Judy Baar Topinka said she has no option but to not pay lawmakers after a thorough legal review of the amendatory veto Gov. Pat Quinn enacted two weeks ago suspending their pay until they can reach an agreement on pension reform. Illinois has a $96 billion underfunded pension liability which has led to multiple credit downgrades and the worst credit rating of any state in the nation.

Topinka said she asked her staff and consulted with Quinn’s legal staff, Legislative legal staffs and the Attorney General’s Office in the review of Quinn’s line-item veto of House Bill 1441, which cut $13.6 million earmarked for legislators’ paychecks. Topinka cited the case of AFSCME v. Netsch in her decision and, in a statement, hoped for a fast resolution.

“This situation is different in that it involves two, co-equal branches of government, and that distinction may well be considered by the Court down the line. But at this point in time, the Attorney General has advised that these payments cannot be made without an appropriation or court order.

“It is my deep hope that this matter is resolved expeditiously either by legislative action or court intervention. Given the serious precedent that is being created, I look forward to receiving additional guidance from the judicial branch.

“By way of Editorial comment, let me be clear: this is no way to run government. Threats, blackmail and inertia may be good theater, but it makes us look ridiculous and takes away from our ability to get things done. It is time for leaders to lead.”

Topinka’s announcement sets the stage for the Legislature to file a lawsuit to have Quinn’s amendatory veto ruled unlawful. This may prove to be unpopular as Illinoisans have grown more frustrated over Springfield’s inaction on pension reform and supported Quinn after he announced the veto.

Quinn praised Topinka in a statement to media while conveniently ignoring her comments on threats, blackmail, inertia and how his veto makes the state look ridiculous.

"Today Comptroller Topinka properly recognized and adhered to my line-item veto of appropriations for legislative salaries.

"By doing so, she followed the express provisions of the Illinois Constitution.

"Legislators should not be paid until they enact comprehensive pension reform.

"In addition, I've also asked the comptroller to withhold my own paycheck until this important reform is achieved.

"Pension reform is the most urgent priority facing the state of Illinois.

"Nobody should be paid until the job gets done for taxpayers."