Actions by Chairman Walberg may affect Plote Construction law suit

 

 

 

 

 

 

The following was sent July 28, 2015 to the Boone County Board

 

Subject: Boone County v. Plote

As you may already be aware, I filed suit against Plote for operating beyond the hours approved by the County Board.  We obtained a temporary restraining order against Plote from Judge Tobin, and they since violated that order.  As such, we filed a motion for sanctions which was set to be heard today.

At the beginning of the hearing, Judge Tobin announced that he had an ex parte communication he needed to disclose to the parties.  In sum, he described a phone call that Chairman Bob Walberg made to him.  He said that as Chairman it was not unusual for Bob to call him, especially in regards to budget issues.  So, he saw nothing inappropriate about taking the call.  The content of the call, however, was inappropriate.  Judge Tobin described that Bob advised him that he (Bob) did not approve of the lawsuit against Plote.  At that point, Judge Tobin told Bob that he could not talk to him about the case and ended the conversation. 

He assured the parties that he was not political.  While Bob Walberg ran as a Republican, Judge Tobin ran as an Independent and did not owe anyone anything.   He then asked the parties whether they wished him to step down from the case.  I indicated that I did not wish for him to step down.  Plote’s attorney asked for another date to discuss it with his client.   An order was entered, a copy of which is attached.  

The purpose of this email is to keep the County Board apprised of what occurred in this case as it was the county board who passed the ordinance that restricted Plote’s hours of operation.  It is also to advise all members that actions such as this are inappropriate.  While there is a pending case, judges are forbidden to have ex parte communications about that case.  

Sincerely,

Michelle J. Courier

Boone County State's Attorney

 

 

 

 

Judge TOBIN

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If you think Chairman Walberg was “out on bounds” you may wish to call your county board members: 

 

 

Illinois House agrees to eliminate FY 2016 lawmaker raises - Yahoo News

 

CHICAGO (Reuters) - The Illinois House on Tuesday overwhelmingly approved a bill stopping a cost-of-living increase for state lawmakers in the current fiscal year, which continues to lack an approved budget.

 

The 101-1 bipartisan vote sends the measure to the Senate, which is scheduled to return to session Aug. 4.

Republican Governor Bruce Rauner has publicly criticized Democrats who control the legislature for allowing their paychecks to grow, while Illinois struggles financially.

Despite the near unanimous vote, the standoff continues between Rauner and Democrats over a budget for fiscal 2016, which began July 1.

House Speaker Michael Madigan, who sponsored the bill, said despite making "a good faith effort to meet the governor half way," the impasse continues. He said the bill follows other actions by the House to accommodate some of the governor's so-called turnaround agenda, which includes worker compensation reforms and a local property tax freeze.

"We are involved in a historic struggle between two branches of government," he said on the House floor.

The bill removes a $1,350 per legislator pay increase, saving the state $238,950. Following the vote, Rauner's office released a statement making it clear that he is still pushing for structural reforms. Last month, he vetoed most of the $36 billion budget passed by Democrats because it was short about $4 billion in revenue.

Illinois has a chronic structural budget deficit, as well as the lowest credit ratings and worst-funded pension system among the 50 states.

Illinois Attorney General Lisa Madigan, Michael Madigan's daughter, is keeping the state's options open regarding a 2013 cost-saving pension reform law voided by the state supreme court in May on constitutional grounds.

Lisa Madigan asked the U.S. Supreme Court on Monday for an extension until Sept. 10 to file a possible appeal of the ruling by the state's high court, which rejected Illinois' argument that it needed to invoke police powers and cut pension benefits to deal with a fiscal emergency.

"With the decision in the City of Chicago's pension case late last week, we are continuing to consider all of the arguments and the best next step,” her office said in a statement.

A Cook County Circuit Court judge on Friday struck down a 2014 law aimed at shoring up the shaky finances of two Chicago retirement systems. That ruling also cited protections for public worker pensions in the Illinois Constitution.

(Reporting by Karen Pierog; Editing by Matthew Lewis

Illinois House agrees to eliminate FY 2016 lawmaker raises - Yahoo News