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Madigan, Cullerton Sue Over Quinn Suspending Legislature's Pay

By Chuck Sudo in News on Jul 30, 2013 10:00PM

Illinois House Speaker Michael Madigan and Senate President John Cullerton filed a lawsuit in Cook County Circuit Court Tuesday seeking to overturn Gov. Pat Quinn’s decision to suspend lawmakers’ pay until a deal on pension reform is reached.

Quinn used his amendatory veto powers two weeks ago to cut $13.8 million from House Bill 1441, requiring lawmakers to take one unpaid furlough day per month and prohibiting any cost of living adjustments during Fiscal Year 2014. Quinn cited the state’s $96 billion underfunded pension liability and said at the time of his decision, “They need an alarm bell ringing in their ears. The best way to do that is to hit them in the wallet.”

Illinois Comptroller Judy Baar Topinka announced last week that she could not cut checks for lawmakers after reviewing Quinn’s veto, but made a point of saying “this is no way to run government” and assuring a lawsuit would be filed.

A joint statement from Madigan and Cullerton was released through the senator’s office, claiming Quinn’s rewrite of HB 1441 was unconstitutional and that the lawsuit is intended to preserve the separation of powers between the executive and legislative branches and to maintain the independence of the Legislature.

“The purpose of this lawsuit is to protect the independence of the Legislature and preserve the separation of powers,” a joint statement by the legislators said. “It is our hope that the court will remedy this constitutional violation, and that future governors will not feel empowered to use such coercive tactics.”

The lawsuit was filed using state funds and asks for full pay plus interest. Read the full lawsuit here.

Quinn called the lawsuit “wrong” and used it as added impetus for pension reform. “If legislators had put forth the same effort to draw up a pension reform agreement that they did in crafting this lawsuit, pension reform could have been done by now.

“Instead of focusing on resolving the state’s pension crisis - which is costing taxpayers millions of dollars a day - legislators have chosen to focus on their own paychecks and waste taxpayer time and money on this lawsuit.

“My action to suspend the appropriation for legislative pay is clearly within the express provisions of the Illinois Constitution.

“Legislators should not be rewarded for an endless cycle of promises, excuses, delay and inertia on the pension problem.”

Topinka’s office would only say they’re reviewing the lawsuit but that she “welcomes additional guidance from the Court.”