 Sangamon County Circuit Judge John Schmidt used the raspberry to
punctuate a question about his power to order Gov. Pat Quinn to
spend state money."What if I issue an order, and the governor
says, 'Plfftt'?" Schmidt pondered in court Thursday.
Illinois' 44 regional school superintendents are asking Schmidt
to issue a temporary restraining order that would force Quinn to pay
them. The superintendents have not been paid since July 1, when
Quinn zeroed out $11 million from the state budget that was supposed
to pay their salaries.
Schmidt is expected to render a decision Friday.
The question before the judge is whether the governor has the
power to use his veto pen to eliminate the superintendents, Dawn
Clarke Netsch said. Netsch has served as a state senator and
comptroller and in 1994 ran unsuccessfully for governor on the
Democratic ticket. She's a law professor at Northwestern University
in Evanston.
But her work on the 1970 Illinois Constitution, specifically her
backing of the amendatory veto, has her interested in this case. The
state constitution gives the governor strong power to shape the
state budget, but he cannot increase it. Under the amendatory veto
power, he can only cut or amend.
"I think this is pushing the power of the veto beyond what it was
meant to be," Netsch said. "Can he effectively eliminate a
statutorily created office by using his fiscal veto to wipe out its
appropriation? That's quite a substantial question."
Charles Schmadeke, lawyer for the regional superintendents, said
the governor does not have the power to create the state government
that he desires.
"As long as there is very clear legislative direction to pay
certain amounts of money, that suffices for the issuance of state
checks," Schmadeke said.
But attorneys for the state say the issue is about the
constitutional right of the power to spend, not how a governor uses
that power.
"Just because the power may be abused doesn't mean the power does
not exist," Assistant Attorney General Terence Corrigan said
Thursday in court.
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Netsch said Quinn should have tried to frame paying the
superintendents as a policy issue.
"Are the regional superintendents worth the money, given the
state's economic woes?" Netsch asked.
But she is quick to say that Quinn "should have gone through the
Legislature."
Sangamon County Regional Superintendent Jeff Vose said that if
his office is eliminated, by legislative order or lack of pay,
someone is going to have to do the work.
"I was legally placed in this office by the voters," said Vose.
"We're mandated by law, by school code."
Illinois' regional superintendents all earn about $100,000 a
year. They are tasked with a number of jobs that fall somewhere
between the State Board of Education and local school districts. For
example, regional superintendents must oversee new teacher
certification, GED testing and truancy programs. Vose and the others
are quick to say they are often stuck enforcing state mandates
created by the Legislature.
Quinn has said repeatedly that he wants to see the
superintendents paid, but the money should come from local
taxpayers, not the state.
The General Assembly is expected to act on either Quinn's
pay-shifting proposal or his veto in the fall veto session in
October.
[Illinois
Statehouse News; By BENJAMIN YOUNT]
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