 Attorney General Lisa Madigan, in an opinion issued this week to
Comptroller Judy Baar Topinka, said each "nomination carries over
into the new biennial Senate," as long as 60 session days have not
passed. Session days are days that the Senate is convened.Topinka
sought the opinion to clarify the validity of Quinn's nominations
who have not been confirmed by the Senate.
"The payment cycle for the appointments in question continued,
pending an opinion from the attorney general's office. We have now
received that opinion, and payment will continue on schedule,"
Topinka's spokesman Brad Hahn said.
Earlier this month, the Senate wrote a letter to Topinka
protesting the salary payment of 15 of 38 unconfirmed gubernatorial
appointees. The Senate contended the nominations expired when the
96th General Assembly adjourned sine die Jan. 12 without taking
steps toward confirmation.
The Illinois Constitution states that the Senate has 60 session
days to confirm a nomination after it's been received from the
governor. Nominees are automatically given confirmation if the
Senate does not take action during the time limitation.
Quinn's office issued its own response last week, temporarily
reappointing five top agency officials who had continued to stay in
their posts. The five appointees all earned more than $110,000
annually.
"Obviously, we're happy to hear that Attorney General Madigan's
office agrees with us," said Quinn's spokeswoman Annie Thompson.
Rikeesha Phelon, spokeswoman for Senate President John Cullerton,
D-Chicago, said that the Senate was justified in its position.
"(The letter) was largely based on our concern that there were
key personnel that were making important decisions and being paid
without legal authority, based on the fact that they were never
confirmed by the Senate," Phelon said.
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Illinois State Police Director Jonathon Monken was among the
nominees under the microscope, Phelon said.
Monken, who took office nearly two years ago, was a contentious
appointee because of his youth and lack of police experience.
"The governor is evaluating all agency directors right now and
plans on finalizing his top administration in the near future,"
Thompson said.
Senate officials aren't waiting.
"We're assessing how it impacts the legislative process, but we
will comply with the opinion. As a matter of fact, we intend to
schedule Executive Appointment Committee hearings for each of the
nominees in question when the Senate comes back next week," Phelon
said.
[Illinois
Statehouse News; By MELISSA LEU]
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