Legislative inspector general calls for laws targeting patronage and clout

By Jamey Dunn

Legislative Inspector General Thomas Homer is leaving the job at the end of June. On his way out, Homer is making the case for ethics reforms in the state.

Homer sent a letter to lawmakers this week urging them to enact stronger ethics laws geared toward preventing patronage hiring practices and giving teeth to the office of legislative inspector general. He cited recent scandals, including students being admitted into the University of Illinois after lawmakers and other influence wielders intervened on their behalf and House Speaker Michael Madigan’s apparent influence on hiring at Metra.

Homer, who is a former state representative and a former judge, said there is nothing wrong with lawmakers advocating for their constituents. But he says that all constituents should get the opportunity, not just campaign donors or the well connected. “When insiders can lay claim to political spoils, people without political connections are denied equal opportunities for government jobs or admission to public universities. Moreover, taxpayers lose when public funds are expended for expensive legal settlements, investigations and attorney’s fees associated with scandals that arise from such activities,” Homer said in a prepared statement.

He called for state agencies and public universities to keep a list of hiring and admissions requests made by lawmakers and other officials. The list would be open to the public. Metra informally kept such a list, but it was only released to the public after a task force seeking to reform the agency reported its existence. Metra released the documents, dubbed the "patronage files" by the task force, this week under a Freedom of Information Act request. The task force called Madigan a “prominent participant” in patronage hiring at Metra over the last 30 years.

At Madigan's request, Homer investigated his involvement and found no violation of the law. The investigation was closed earlier this month. Homer said he could not comment on any specific investigation, but he did have this to say at the time: “Although I can recommend new laws to address what I believe to be inappropriate conduct by legislators, enforcement actions are limited to violations of existing laws and rules.”

Homer also recommended more transparency from his office. He said that the inspector general should be able to release more information from investigations and that the current confidentiality requirements mean that some finding of misconduct from lawmakers never see “the light of day.” He renewed his call for penalties to enforce conflict-of-interest provisions for lawmakers. Currently, the code of conduct for lawmakers is “intended only as guides to legislator conduct, and not as rules meant to be enforced by disciplinary action.” Homer said the lack of penalties makes it difficult for his office to go after misconduct. “The absence of penalty provisions undermines our ability to investigate, expose and prevent abuses,” Homer said.

Feds to bring more oversight to Metra

By Jamey Dunn

The federal government will provide more oversight for Chicago’s commuter rail service as the number of board members dwindles.

The action from the Federal Railroad Administration is just another development in the ongoing fallout from allegations of political influence being asserted over hiring decisions and contract terms at the agency. Alex Clifford, the former chief executive officer of METRA, has said that lawmakers, including House Speaker Michael Madigan, tried to wield clout over the agency. His claims come as the Regional Transit Authority has launched an audit of Clifford’s severance settlement, which could leave him with more than $700,000. Legislative Inspector General Thomas Homer is investigating Clifford’s allegations, and Madigan has said publicly that he did nothing wrong. 

After the resignations of four Metra board members — including former chair Brad O’Halloran — the board lacks enough members to name a new chair. U.S. Sen. Richard Durbin wrote a letter asking Federal Railroad Administrator Joseph Szabo to intervene while Metra’s “current leadership issues are being resolved.” Durbin wrote in the letter sent to Szabo earlier this month: “I know the professional, non-political staff at Metra is dedicated to running this railroad in the safest way possible, however the lack of permanent leadership at the board and management levels creates a situation where accountability is hard to find and priorities like safety could become neglected.” In response, the Federal Railroad Administration will increase the number of train inspections and increase oversight of Metra’s testing and inspection program. The administration also plans to communicate directly with top Metra officials, reach out to labor leaders and attend meetings between labor and management. “Safety is our first priority,” Szabo said in a written statement. “Historically, Metra has had an exemplary safety record, in large measure due to the dedicated career personnel who oversee and perform the daily operations. Our goal is to ensure that legacy of safety does not erode during this period of transition.”

According to a statement from Metra, the agency plans to welcome the additional federal involvement. “Safety is our number one priority at Metra, and while we believe we are operating as safely as possible, we appreciate the efforts of Sen. Durbin and the FRA to provide additional oversight.”

Gov. Pat Quinn has also called for increased state involvement at Metra and RTA. He said he plans to bring together a group of experts to work up changes that would be ready to present to lawmakers when they return to the Statehouse for the fall veto session in October. “I think we need to have a little bit more direct action on behalf of the public,” he said. “Right now, the role of our department [of transportation] and our state is basically to just hand the money over to RTA and Metra. I think we need far more oversight under law of these entities.”

Quinn wants state to play a larger role in oversight of Metra and RTA

By Jamey Dunn

Gov. Pat Quinn said today that he wants to present lawmakers with a plan to address oversight at Metra and the Regional Transit Authority by the legislature's fall veto session, scheduled in October.

“I think it really needs fundamental overhaul,” Quinn told reporters in Chicago today. Four Metra board members have stepped down, including former board chair Brad O’Halloran, after allegations surfaced that lawmakers were pressuring board members about personnel and contract decisions. Former Metra CEO Max Clifford says that legislators, including House Speaker Michael Madigan, made suggestions to the board about hiring and employee compensation. Board members have also been called on to explain a severance package given to Clifford that could be worth more than $700,000. Clifford signed a confidentiality agreement as part of his severance settlement. The Regional Transit Authority, which oversees the Metra commuter rail service, is conducting an audit of the severance agreement.

Legislative Inspector General Thomas Homer has launched an investigation. O’Halloran has denied any wrongdoing and said he stepped aside because media attention has made it impossible for him to continue in his leadership role. Madigan also said he did nothing wrong. “I have reviewed the facts surrounding the issue, and I am confident that my actions were not inappropriate or violative of any applicable law or ethical rule,” he wrote in a letter to Homer in July. 

Quinn said today that he wants to bring together a group of transportation experts, whom he described as “not political,” to make reform suggestions for Metra and the RTA. The governor talked today about “restructuring” the two entities. “Clearly, the current system doesn’t work, and we need to find a system that does work.” He said he wants to have a proposal ready for lawmakers to consider by the time they are scheduled to return to the Statehouse on Oct. 22 for the veto session.

Quinn noted several times that he does not have the authority to appoint or dismiss Metra board members. The 11 board members are appointed by the county boards of counties that fall in the Metra service area. “I do not have the appointment power of Metra or RTA — there’s not one person I appointed at RTA or Metra — and I think that’s something that needs to be looked at very carefully.” Metra and RTA did not respond to requests for comment on the governor’s statements today.

Quinn said that because the state provides funds to both entities, he thinks it should have a role in oversight. “I think we need to have a little bit more direct action on behalf of the public,” he said. “Right now, the role of our department [of transportation] and our state is basically to just hand the money over to RTA and Metra. I think we need far more oversight under law of these entities.”