Lisa Madigan: We Are One Did
It!
In the opening of A New Leaf, one of my favorite
Walter Matthau films, an angry and non-repentant Matthau is castigating his
financial advisor for a bounced check, one that has made the one-percenter
Matthau look like “some kind of indigent.”
His advisor tries cautiously to explain to Matthau that he has been
overspending his inheritance annuity for the last so many years, and he has now
exhausted his capital.
Matthau refuses to accept this scenario; instead, he blames the
advisor.
Used to be funny. Not
now…
Attorney General Lisa Madigan in her “Police Powers”
rebuttal to Judge Belz of Sangamon County, also fingers the victim in the first
few opening pages of the refutation, blaming the We Are One Coalition for leading
the legislators on and intentionally charming them into additional fiscal
misfortunes.
Indeed, Madigan’s office responds, “(we) allege that the
labor organizations comprising the We Are One Illinois Coalition, aware that
the state had limited revenues each year, repeatedly urged state legislators to
allocate greater appropriations for state employee salaries and salary
increases at the expense of contributions to the state-funded retirement
systems, knowing that a result of this would be both an immediate reduction in
the assets in those retirement systems and long-term increases in their
liabilities.”
Perhaps a Governor Walker of Wisconsin could nod in
agreement with this convoluted proposition in contradiction of collective
bargaining, but the historical reality of “at the expense of contributions to
state-funded retirement systems” in Illinois begs some historical accuracy:
·
In fact, it was pension holidays taken by the
legislators over nearly half a century that created the dizzying pit of
unfunded debt to the retirement systems, not a COLA here or an ERO there. In nominal dollars, the money not paid into
the TRS retirement fund alone would be $15 billion. Had it been paid as expected and planned for
by an honorable and future-looking General Assembly, the fund would stand at approximately
86% funded ratio, not the 41% the State has created. (http://teacherpoetmusicianglenbrown.blogspot.com/2013/04/total-state-contributions-to-teachers.html)
·
Since 1995, the state has faced limited revenues
by strapping itself to an ill-conceived and foolish payback scheme for the
mountain of debt it faced in paying back earlier ignored pension obligations. Instead of amortizing the debt, the General
Assembly decided to design (with the help of business interests) a balloon
mortgage heading into the Great Recession.
Moreover, the General Assembly still refuses to consider amortizing the
debt as one would a home mortgage, and Illinois will face exponentially increasing
debt payments for its reluctance in the next decade(s).
·
Collective bargaining provides for better
working conditions as well as for improvements in retirement security. Often, students are the recipients of such
efforts by unions – not just employees. Agreements
in improvements that went beyond the classroom and into the arena of fiscal
security were matched by increased contributions on the part of actives working
in the public sector. These
contributions jumped during my professional career from 7.5% to 9.4% of my
salary by the time I retired. Furthermore,
public workers, including teachers, paid 100% of what was expected and the
escalations with increased benefits. (http://teacherpoetmusicianglenbrown.blogspot.com/2013/03/the-proposed-increases-of-trs.html)
Taking this kind of perplexing illogic a bit further, We Are
One becomes culpable for acting as a union in the first place. This is circular: you’re wrong for being who
you are.
In addition, I also recall the furor that erupted when We
Are One revealed Cullerton’s SB2404, and the IRTA quickly threatened to take
legal action on the unconstitutionality of the bill if it were to pass. SB2404, if you remember, was the bill that
offered an additional 2% in contribution by actives as well as a forced
selection between health care and a COLA for retirees. Madigan eventually killed the bill, and categorized
it as another one bringing in much too little in monetary relief.
Pension bloggers, as I remember, were extremely wary of any
deal with the members of the General Assembly, especially one that promised “to
pay the normal costs from now on or you can take us to court.” An identical promise included now in SB1 (PA98-0599
) and one that even pension-committee-member Representative Elaine Nekritz (D-Northbrook)
admitted was hollow or more likely able to be changed at the discretion of
another, later General Assembly.
And, not surprisingly, Lisa Madigan’s opinions do not end
with just placing blame for fiscal irresponsibility on the We Are One
Coalition. Actually, the Attorney
General is also so bold as to suggest that We Are One’s promotion of SB2404 is
an indication of the collective unions’ own culpability and acknowledgement of
responsibility in the state’s fiscal morass.
In her rebuttal to Justice Belz, she asserts that the We Are One
Coalition tries to deny an earlier affirmation of complicity.
“Defendants allege that We Are One Coalition and the unions
comprising it publicly declared that a reasonable component of a valid solution
to the State’s enormous pension liabilities and related financial crisis was a
2% increase in contributions by active members of state-funded retirement
systems, but have now insisted that all of the sacrifice necessary to solve this crisis must be borne
by the State’s taxpayers and recipients of other state services and
benefits.”
This last argument is laughable if it were not
representative of the moral and ethical vacuity, the complete disregard of
historical truth, and disturbing conduct beneath the office of an Attorney
General.
In the end of her “Affirmative Matter” or call for Reserved
Sovereign Powers in defending PA98-599 as legally acceptable before the court,
Attorney General Madigan declares the
Act’s “presumption of constitutionality includes the reasonableness and
necessity for its provisions in light of circumstances faced by the State and
the General Assembly when it was enacted.”
Reasonableness and
Necessity?
There is no mention of the usual and accepted tenets of the
use of “Sovereign Powers”: public health, morals, safety, the general
well-being of the State. This is Police
Power at its most raw and least altruistic – the identification of a class or
group of individuals who have suffered through the political misappropriation
and diversion of what was contractually owed them and now would be punished for
being victims to begin with.
I believe Lisa Madigan should stand down, as being the daughter of House Speaker Michael Madigan, there IS a conflict of interest.
ReplyDeleteCyphered.
There is evil in the world. The Madigans are evil personified. They are what make Americans distrust their own government - and rightly so.
ReplyDeleteThe Madigan Dynasty has gerrymandered and corrupted its way to power. Inherited governing power is not and never has been a part of a true democracy or republic. The political class is the substance of nightmares.
Lisa Madigan blaming the victims of pension theft for the pension theft is similar to blaming victims of rape for being raped.
ReplyDelete