Friday, September 18, 2015

AP Exclusive: Highly paid Rauner aides did work for governor while on comptroller's payroll

 

SPRINGFIELD, Illinois — Three government administrators began working on hiring employees for Illinois Gov. Bruce Rauner's administration last winter while on the comptroller's office payroll, using taxpayer dollars from a separate constitutional office before Rauner had even taken the state's reins.

Rauner, a Republican who promised to clean up clout-laced government hiring, relied on at least three comptroller employees to get his administration running, including recommending candidates for politically affiliated jobs, according to documents obtained by The Associated Press. Two went on to become senior Rauner managers, including one who oversees hiring for the governor's office.

Rauner aides say the practice was an appropriate and efficient way to get the new administration up and running, and that the comptroller's independent inspector general gave approval in advance. But political experts and reform advocates say the practice was improper and breached divisions between constitutional offices.

"You want to help out the governor? Do it on your time, on your nickel," said Kent Redfield, an expert on political ethics at the University of Illinois-Springfield. "To me, that's pretty clearly wrong. One of the functions of the state comptroller's office is not to act as an HR department for the governor's office."

A new governor's transition costs are typically covered by private funds. So, the use of comptroller employees by the multimillionaire former venture capitalist, who vowed to "shake up" how Springfield does business, raises questions about whether he didn't want to be hampered by bureaucratic restraints or was cutting corners and blurring lines set up to prevent conflicts between separate units of government.

Rauner spokesman Lance Trover scoffed at the reproach, emphasizing the inspector general's blessing.

"Only in Illinois do you get attacked for doing things the right way," he said.

It's impossible to say how many taxpayer dollars, appropriated for the comptroller's job of paying the state's bills, financed the work of Judith McAnarney and Matthew Magalis, who were were setting up meetings with Cabinet-level agencies and discussing applicants to fill jobs during the workday while Rauner was still a private citizen.

The emails reviewed by the AP came from a half-dozen state agencies under a Freedom of Information Act request. But 20 agencies — including the comptroller's office — are keeping related documents secret, despite Rauner's pledge of government transparency.

Redfield called the situation improper, if not illegal. The state Constitution bars using tax dollars for private purposes, he said, suggesting the situation could fall into that realm, particularly because Rauner wasn't sworn in until Jan. 12.

"It raises ethical issues," he said. "It's better to have bright-line distinctions and if you start justifying getting into gray areas on the basis of whether it's for a 'good cause' or a person's 'motives are good,' that's a slippery slope."

Inspectors general for each constitutional office routinely investigate and recommend discipline for employees who abuse work time, engage in activities outside their job descriptions or conduct political tasks.

The pre-approval by Michael Drake, appointed 10 years ago by a Democratic comptroller, allowed the transition committee to use "experienced government human resource professionals with bipartisan backgrounds to ensure state hiring was done legally and appropriately," Trover said.

Brad Hahn, chief of staff to current GOP Comptroller Leslie Munger, released a letter from Drake dated Nov. 24, 2014, in which he OK'd transition-team participation by Nancy Kimme, chief of staff for late Comptroller Judy Baar Topinka, whom officials said had approved before her death in December. "Gov. Rauner will need critical advice from qualified people within government," he wrote. The letter does not mention McAnarney, Magalis or other comptroller employees, saying to Kimme, "It is likely that you will need to perform transition committee tasks while on state time."

The emails began in mid-December, about six weeks after the Rauner won the election. State ethics law prohibits political activity on state time, but the emails indicate that, in many cases, McAnarney and Magalis were discussing positions that are exempt from hiring rules — meaning the governor may fill the posts based on political considerations.

McAnarney had been a contractual employee making $55 per hour; now she is Rauner's $115,000-a-year human resources manager. Magalis, a human resources manager who made $95,000 with the comptroller, became the Transportation Department's chief of staff with a $120,000 salary.

Kimme is mentioned rarely in the emails, although one dated Dec. 16, 2014, from McAnarney invites the Department of Veterans Affairs' chief of staff to a discussion about personnel issues in Kimme's Chicago office. Kimme did not respond to a request for comment.

McAnarney and Magalis communicated with at least two dozen state agencies, six of which provided documents in response to the FOIA request. Another 22 reported having no relevant documents. The 20 agencies refusing to disclose relevant records overwhelmingly contended that the documents may be withheld under an exemption for "preliminary" records, in which officials express opinions or formulate policy.

None of the FOIA denials addressed whether the comptroller's office has the authority to engage in discussions with state agencies over hiring that belongs to the governor.

"They have their own duties as members of the comptroller's staff," said David Melton, executive director of the Illinois Campaign for Political Reform. "That is what they're supposed to be doing on state time."


Contact Political Writer John O'Connor at https://twitter.com/apoconnor

AP Exclusive: Highly paid Rauner aides did work for governor while on comptroller's payroll

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