The #MeToo movement is bringing about needed scrutiny of state
government’s self-policing in Illinois. A couple changes have even been signed
into law. But there is much more to be done.
In fact, recent reforms highlight remaining absurdities under the dome.
Recall the current controversy really kicked into gear last year, when reporter
Rae Hodge blew the cover off the phantom office of the legislative inspector
general, or LIG, which is charged with overseeing the General Assembly.
Legislative leaders didn’t fill the post for three years, even as allegations of
wrongdoing stacked up.
But here’s the catch: no one can provide effective oversight from the LIG
office, even when staffed. It’s built to fail.
The LIG is essentially an arm of the Legislative Ethics Commission. To launch an
investigation into the conduct of a state lawmaker, the LIG must receive the
blessing of this commission, which is controlled by eight state lawmakers: half
from the Senate, half from the House, half Republican, half Democratic.
If the commission is split, the complaint is not investigated¬ – and then it is
buried. No one will ever know, and the public has no way of holding commission
members accountable for what they choose not to investigate. So you can imagine
what happens if there is ever a complaint about a prominent member of one party.
A case in point might be state Rep. Lou Lang, who resigned from his leadership
posts following allegations of sexual harassment, which he denied. The Skokie
Democrat used to be the chairman of the Legislative Ethics Commission.
Partisan balance might protect against partisan witch-hunts. But it also
encourages a kind of slimy armistice, where no one is held accountable for fear
of revenge from the other side. Everyone has dirt on everyone else, so the dirt
stays buried.
Due mostly to barriers imposed by state law, the LIG lacks transparency,
independence and teeth. Those criticisms aren’t new. A 2011 report authored by
the Chicago-based Business and Professional People for the Public Interest
provided a detailed analysis of why the LIG cannot provide effective oversight
of lawmakers or legislative staff members.
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Little has changed in the seven years since. But
what about in the wake of the most recent Springfield scandals?
On June 8, Gov. Bruce Rauner signed into law House Bill 138, which
garnered unanimous, bipartisan support. Among other changes, it
establishes that the LIG doesn’t need approval from the Legislative
Ethics Commission to investigate claims of sexual harassment.
In his signing statement, Rauner rightly railed
against the inadequacies that remain. Namely, why stop at sexual
harassment? If those investigations deserve independence, why not
investigations into, say, bribery?
“I urge the General Assembly to … create an independent
investigatory power for all ethics violations, as already exists for
the executive branch and all constitutional officers,” his statement
read.
Beyond the LIG, the picture isn’t much prettier when it comes to
state government oversight.
Illinois’ auditor general can’t even keep his own books clean.
The Illinois Supreme Court last month ordered the Illinois State
Board of Elections to revisit their non-judgment regarding nearly
$500,000 in highly questionable campaign spending by Auditor General
Frank Mautino from his time as a state representative. His office is
under federal investigation for similar allegations.
And what about Illinois’ top watchdog?
With an adversarial attorney general who made a point to tackle
government corruption, the culture in Springfield may have been on
its way to changing years earlier. Instead, Lisa Madigan’s office
has balked at pushing for long-due, material improvements, even as
women continue to bring allegations of impropriety against members
of her father’s inner circle.
Polling data show residents’ trust in state government is abysmally
low. That breeds apathy in our democracy and might even spur some
families to greener pastures.
Illinoisans shouldn’t have to wait for yet another humiliating
scandal to fix what’s wrong here: Politicians should have no place
in policing their own oversight.
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