Term: Byzantine – intricately designed to the point of confusion and
convolution, often for devious or surreptitious reason (http://www.thefreedictionary.com/Byzantine
).
In November, a proposal to
amend the Illinois Constitution will appear on the voting machine/sheet in your
local polling place. It seeks to amend
the current section in Article XIII, Section V, of the Illinois Constitution
that presently states the following:
Membership in any pension or retirement system of the State, any unit
of local government or school district, or any agency or instrumentality
thereof, shall be an enforceable contractual relationship, the benefits of
which shall not be diminished or impaired.
Not surprisingly, the
additional Madigan Amendment #49 to this earlier Section V is nearly 24 times longer than the original, simply crafted
section.
In fact, (see above) the
original Section V is only 40
words. This new addition in HJRCA#49 generated
by Speaker Michael Madigan is nearly 933 words, and it reflects the kind of byzantine and convoluted writing that
will result in myriad questions, perpetual litigation, and eternal public
sector vs. government conflict.
If you’ve
received your pamphlet from Jesse White, you’ve had the opportunity to read
it. Confused? You should be.
Is this what we want?
Michael Madigan, the master
of political magic, has witnessed, endured and orchestrated a myriad of byzantine maneuvers to cover himself
and his position for 30 years in
power as the House Speaker.
This last work – HJRCA #49 may be his finest masterpiece
or his first accidental transparency.
Nothing in this Section shall prevent
the passage or adoption of any law, ordinance, resolution, rule, policy, or
practice that further restricts the ability to provide a “benefit increase”,
emolument increase”, or “beneficial determination” as those terms are used
under this Section.
Results: Adoption of this Amendment promises a new
growth industry in class action lawsuits against the State of Illinois, myriad
portals for eager lawyers willing to interpret sloppily written legalese, and uncertainty for prospective employees considering working in Illinois as public
servants. Say good-bye to good
firefighters, police, teachers, etc. Forget ever reversing the inequities for Tier Two employees.
Madigan’s Amendment plays upon Appearances: HJRCA #49
looks like action, of some kind, and it plays on the emotions of those who have
come to believe that the pension crisis in the State of Illinois can be solved
by writing new law to prevent public servants from securing a retirement that
media and politicians have decried as exorbitant.
Madigan’s Amendment (#49) is
the last change we need. It will
- · Concentrate and assure his continued power.
- · Create litigation at all levels in our courts.
- · Make it difficult to hire qualified future employees.
- · Do nothing to solve a fiscal issue with the state’s pension debt.
VOTE NO on MADIGAN’S AMENDMENT!
Madigan’s diction, such as “emolument increases,” is suspect because of an imprecise denotation or (perhaps) deliberate vagueness. This imprecision will create a problem of interpretation. Furthermore, the context in which “emolument increases” appears does not make clear what is intended; thus, it is (perhaps) a deliberate ambiguity as well.
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