REPORT OF THE COMMITTEE ON LEGISLATION,

INTERGOVERNMENTAL AND VETERANS RELATIONS

 

January 31, 2007

 

The Honorable,

The Board of Commissioners of Cook County

 

ATTENDANCE

 

Present:

Chairman Suffredin, Vice Chairman Silvestri, Commissioners Beavers, Butler, Collins, Daley, Gorman, Goslin, Moreno, Peraica, Quigley, Schneider, Sims and Steele (14)

 

Absent:

Commissioners Claypool, Maldonado and Murphy (3)

 

Also Present:

Derek Blaida - Special Assistant to the President for Government Affairs,  Richard R. Boykin, Lobbyist - Barnes & Thornburg, LLP,  Stephen S. Morrill, Lobbyist - Stephen S. Morrill and Associates

 

 

Ladies and Gentlemen:

 

        Your Committee on Legislation, Intergovernmental and Veterans Relations of the Board of Commissioners of Cook County met pursuant to notice on Wednesday, January 31, 2007 at the hour of 9:30 AM in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

 

        Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

 

283409

RESOLUTION CALLING FOR A COMPREHENSIVE FORENSIC AUDIT OF ELECTION DAY EQUIPMENT AND PROCEDURES (PROPOSED RESOLUTION).  Submitting a Proposed Resolution sponsored by Anthony J. Peraica, County Commissioner.

 

PROPOSED RESOLUTION

 

RESOLUTION CALLING FOR A COMPREHENSIVE FORENSIC AUDIT

OF ELECTION DAY EQUIPMENT AND PROCEDURES

 

WHEREAS, the Cook County Board of Commissioners has appropriated in excess of $50 million to purchase election equipment from Sequoia Voting Systems for the 2006 elections; and

 

WHEREAS, the Cook County Clerk and the Chicago Board of Election Commissioners and their personnel have repeatedly assured members of this body that the new equipment would function properly on election day, and that measures had been implemented that would prevent future problems such as the ones which occurred during the March 2006 primary election; and

 

WHEREAS, the County Clerk bears the ultimate responsibility for ensuring the integrity of elections conducted in suburban Cook County and the Chicago Board of Election Commissioners bears such responsibilities in Chicago; and

 

WHEREAS, the election results from the polling places were to be transmitted electronically to the County Clerk’s Office shortly after the closing of the polls at 7:00 p.m.; and

 

WHEREAS, nearly half of the suburban results were not successfully or properly electronically transmitted from the polling places and receiving stations and many boxes of ballots and electronic data storage devices did not arrive downtown until after 1 a.m. the day after the election; and

 

WHEREAS, there have been many reports of election judges, public employees and publicly contracted personnel deviating from the prescribed procedures for the securing and transporting of election materials; and

 

WHEREAS, there have also been multiple complaints from voters who used touch screen voting systems which repeatedly malfunctioned and indicated and reported votes for the candidates different from the ones selected by the voter.

 

NOW, THEREFORE, BE IT RESOLVED, that the President and Board of Commissioners of Cook County, Illinois do hereby call for a comprehensive forensic audit of the performance of the November 7, 2006 General Election by Sequoia Voting Systems, the Chicago Board of Election Commissioners, and the Cook County Clerk’s Office; and

 

BE IT FURTHER RESOLVED, that an impartial panel consisting of a federal monitor, election judges and experts in fields which include, but are not limited to computers, information technology, election law and procedures; and

 

BE IT FURTHER RESOLVED, specifically that election lawyers Richard K. Means, Mathias W. DeLort, Burton S. Odelson, Michael E. Lavelle and Better Government Association director Jay Stewart shall be included among members of this panel; and

 

BE IT FURTHER RESOLVED, that the cost of this audit shall be divided evenly between Sequoia Voting Systems and the budget of the Cook County Clerk’s Office.

 

* Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/6/06.

 

*  Committee Meeting of 1/09/07:  no action taken.

 

 

283411

AN ORDINANCE FOR THE CREATION OF AN ELECTION INTEGRITY COMMISSION (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Elizabeth Ann Doody Gorman, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

AN ORDINANCE FOR THE CREATION OF

AN ELECTION INTEGRITY COMMISSION

 

WHEREAS, approximately 24 million dollars was appropriated for the Cook County Clerk to obtain two new electronic voting systems to improve the conduct of our elections; and

 

WHEREAS, two elections have now been held using these new electronic voting systems; and

 

WHEREAS, these two elections have been fraught with events that are indicative of mishaps or more in the conduct of the election in general and particularly with regard to the two new electronic voting systems; and

 

WHEREAS, the public notoriety given to these mishaps occurring before, during and after the General Election held in Cook County on Tuesday, November 7, 2006 has raised grave concerns among the voters and candidates as to whether these elections were fair and honest; and

 

WHEREAS, the Cook County Board of Commissioners appropriates funding for the conduct of these elections and has an obligation to the taxpayers of Cook County to ensure that the funds appropriated are expended prudently; and

 

WHEREAS, it is essential that the Cook County Board undertake an inquiry into the propriety of the expenditure of these appropriations with regard to the question of whether the General Election of November 7, 2006 resulted in, among other questions, the new electronic voting systems allowing each voter to vote for the candidate and public policy issues of his/her choice and whether these systems allowed the votes to be correctly counted in the precincts and reported to the County Clerk.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY, ILLINOIS that Chapter 22, Section 22-34 of the Cook County Code is hereby enacted as follows:

 

Sec. 22-34.  Election Integrity Commission.

 

1.         A Cook County Election Integrity Commission be created.

 

2.         The Integrity Commission shall be comprised of five members selected as follows:

 

3.         The purpose of the Integrity Commission shall be to:

 

Effective Date.  This Ordinance shall be effective immediately upon its adoption.

 

* Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/6/06.

 

*  Committee Meeting of 1/09/07:  no action taken.

 

Vice Chairman Silvestri, seconded by Commissioner Goslin, moved the referral of Communication Nos. 283409 and 283411 to the Elections Subcommittee. The motion carried.

 

283661

COOK COUNTY BOARD OF COMMISSIONERS, by Todd. H. Stroger, President, transmitting a Communication, dated December 8, 2006:

 

requesting authorization for the Purchasing Agent to enter into a contract with STEPHEN S. MORRILL, Chicago, Illinois, whose name I am submitting for considerations as County Lobbyist.  Mr. Morrill will serve for a period of one year beginning December 4, 2006 through November 30, 2007, in the amount of $60,000.00, plus expenses not to exceed $10,000.00.

 

Reason:  It is important that the individual be approved as soon as possible in order to guarantee lobbying services for the next General Assembly.

 

Estimated Fiscal Impact:  $70,000.00.  Contract period:  December 4, 2006 through November 30, 2007.  (018-260 Account).  Requisition No. 70180004.

 

Approval of this item would commit Fiscal Year 2007 funds.

 

*  Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 12/19/06.

 

284419

COOK COUNTY BOARD OF COMMISSIONERS, by Todd. H. Stroger, President, transmitting a Communication, dated January 22, 2007:

 

requesting authorization for the Purchasing Agent to enter into a contract with RICHARD R. BOYKIN AND CRAIG BURKHARDT of Barnes & Thornburg, LLP, Chicago, Illinois and Washington D.C., whose names I am submitting for consideration as County Lobbyists.  Mr. Boykin and Mr. Burkhardt will serve for a period of one year beginning February 1, 2007 through December 31, 2007, in the amount of $100,000.00, plus expenses not to exceed $10,000.00.

 

Reason:

It is important that the individuals be approved as soon as possible in order to guarantee lobbying services before the federal government.

 

Estimated Fiscal Impact:  $110,000.00.  Contract period:  February 1, 2007 through December 31, 2007.  (490-260 Account).

 

Approval of this item would commit Fiscal Year 2007 funds.

 

*  Referred to the Committee on Legislation, Intergovernmental and Veterans Relations on 1/23/07.

 

Vice Chairman Silvestri, seconded by Commissioner Goslin, moved the approval of Communication Nos.  283661 and 284419.

 

Prior to opening up discussion on the two contracts up for approval, Chairman Suffredin introduced Derek Blaida from the Office of the President.  His background includes previous experience with the Chicago Board of Education as their chief lobbyist, and with the City of Chicago as part of Mayor Daley’s team in Springfield.

 

Mr. Blaida provided an overview of the two lobbying contracts up for approval.  He introduced Richard R. Boykin of the lobbying firm of Barnes and Thornburg, LLP, who, along with his partner Craig Burkhardt, would be the County’s lobbyists in Washington, D.C. to ensure federal representation.  Mr. Blaida then introduced Stephen S. Morrill, who has been on retainer for several years with the County to represent the County’s interests in Springfield.

 

In response to questions from Commissioners Goslin and Quigley pertaining to existing County lobbyist representation in Washington, D.C. and Springfield, Chairman Suffredin and Mr. Blaida explained that the contract with Barnes and Thornburg, LLP would be replacing an existing contract that expires at the end of March with Ungaretti and Harris.   Ungaretti and Harris’ contract included services specifically related to intergovernmental transfer issues.  Additionally, they were retained to work on changes in rules and regulations with Speaker Hastert’s office, and to negotiate with Governor Blagojevich’s office.  Susan White, whose contract with the county expires in the summer of 2007, provides lobbying services in Washington, D.C. that are related specifically to health care issues.  Mr. Blaida added that her contract expires in the summer of 2007, and will be re-evaluated prior to its expiration. 

 

Chairman Suffredin stated that the County had contracts for Springfield representation with Stephen Morrill and Eugene Barnes.  These contracts expired in December of 2006, and Mr. Morrill’s is the only contract related to Springfield currently being brought before the Board.

 

Chairman Suffredin elaborated upon the anticipated role and duties that Messrs. Boykin and Burkhardt would be assuming upon approval of their contract.  He stated that they would have a broader role than Ungaretti & Harris, as they would be helping the County on programs dealing with environmental and transportation issues, and would be assessing other statutory changes that would be beneficial to the County.  Chairman Suffredin also noted that as Congress is now under Democratic control, the County has a greater opportunity to open up other programs in addition to health care issues.

 

Commissioner Quigley voiced his concerns regarding the lack of coherent representation of County positions on bills and the lack of communication between the County and the General Assembly in previous years. 

 

Chairman Suffredin explained that Mr. Blaida’s role is to professionalize the operation, and he will be reporting to the Board periodically.  He stated that Mr. Blaida will be coordinating and organizing all lobbying efforts, and would ensure that communications in this regard are coherent.

 

In response to Commissioner Quigley’s question regarding improvements to existing lobbying efforts, Mr. Morrill stated that there would be a focus on timeliness of communication efforts, as it is a consistent theme in relation to effective lobbying in Springfield. 

 

With regard to improvements to lobbying efforts at the Federal level, Mr. Boykin suggested that the County develop a federal budget priority list similar to that which the City of Chicago produces and presents annually.

 

Commissioner Beavers stated that it is important for the County to develop a federal priority list;  he emphasized his belief that the County should adopt similar lobbying practices as the City of Chicago. 

 

Commissioners Silvestri and Steele indicated that they were looking forward to a greater coordination and streamlining of lobbying and communication services with the State Legislature and Congress. 

 

Chairman Suffredin and Commissioners Beavers, Silvestri, and Goslin stressed the importance of representation for the County in order to effectively promote the County’s interests in competing for funds at the State and Federal level. 

 

Commissioners Beavers, Goslin and Sims also highlighted the importance of the roles of the Commissioners in current and future lobbying efforts;  each related their previous experiences and involvement in lobbying efforts at the federal level.   Some Commissioners expressed interest in continuing these efforts in a coordinated manner.

 

Commissioners Gorman, Daley and Collins expressed concern over potential conflicts of interest that may arise for the contractual lobbyists as a result of positions taken by their other clients.

 

Chairman Suffredin explained that this concern is addressed within the contracts with the lobbyists, and one of Mr. Blaida’s functions is to monitor any potential conflicts of interest that may arise as a result of positions taken by other clients of the contractual lobbyists.

 

Commissioner Daley indicated that in addition to his concerns over potential conflicts of interest, he also had concerns over approving these contracts while budget negotiations are still underway.  He felt that the Board should hold off on all contracts such as these until the budget is approved.

 

Commissioner Collins expressed her concerns about the structure and cohesiveness of the lobbying team, and remarked that she did not feel that this was a top priority.

 

Commissioner Beavers expressed his opinion that the County could not afford to be unrepresented in Washington, D.C. and Springfield.

 

Commissioner Peraica requested information on dollars expended upon lobbying efforts in both Washington, D.C. and Springfield.

 

Mr. Blaida answered that the contractual representation is as follows:  it includes the contracts before the committee for Barnes & Thornburg for $110,000 and for Stephen Morrill for $70,000;  additionally, Susan White’s contract which expires mid-2007 and will be re-evaluated prior to expiration is for $130,000; finally, the County’s contract with Ungaretti & Harris, which expires March 31, 2007 and will not be renewed, is for $135,000.  In response to Commissioner Peraica’s question pertaining to his own salary in his position as Special Assistant to the President for Government Affairs, Mr. Blaida responded that his salary is $111,170.

 

Commissioner Gorman requested information on whether State Senator Ricky Hendon is contractually representing the County. 

 

Chairman Suffredin replied that he did not believe so, and Mr. Blaida stated that he would confirm the answer to her question.

 

Chairman Suffredin stated that he agreed with Commissioner Beavers on the point of lost time and effectiveness if the County’s interests were not represented in Washington, D.C. and Springfield.  He pointed out that if it is the will of the body to defer these contracts because the budget is not finalized, the County may lose some funding opportunities that would impact the budget.

 

Commissioner Silvestri asked Mr. Blaida if the County is currently represented in Springfield.

 

Mr. Blaida responded that if the contract with Mr. Morrill is not approved, the County’s interests would not be represented by any outside lobbyist in Springfield, and he alone would need to cover the responsibilities.

 

Commissioner Schneider stated that if the Committee voted in favor of these contracts, it could create the impression that the Board is taking sides with lobbyists over the County’s doctors, State’s Attorneys and police officers.  He asked how their efforts would bring more dollars to the County.

 

Mr. Boykin responded that their efforts will deliver back to the County millions of dollars more than what they are currently receiving.  He pointed out the experience and familiarity with the system that his firm brings, and also mentioned that the contract dollar amount that his firm negotiated with the County is far below what is typically received in Washington, D.C. for lobbying services. 

 

Commissioner Peraica called for the question.

 

Commissioner Collins, seconded by Commissioner Daley, moved to Defer Communication Nos. 283661 and 284419.  Commissioner Butler called for a roll call vote.

 

ROLL CALL ON MOTION TO DEFER

 

Yeas:               Commissioners Collins, Daley, Gorman, Peraica, Vice Chairman Silvestri and Chairman Suffredin (6)

 

Nays:               Commissioners Beavers, Butler, Goslin, Quigley, Schneider, Sims, Steele (7)

 

Present:          Commissioner Moreno

 

Absent:            Commissioners Claypool, Maldonado and Murphy (3)

 

The motion to Defer Communication Nos. 283661 and 284419 FAILED.

 

Commissioner Peraica moved to lay Communication Nos. 283661 and 284419 on the table.  The motion FAILED due to the lack of a second.

 

Commissioner Butler moved the previous question.

 

A vote was taken on the main motion made by Vice Chairman Silvestri, seconded by Commissioner Goslin, to approve Communication No. 283661 and 284419.  On a voice vote, the motion carried.  Commissioners Collins, Daley and Peraica voted no.

 

Vice Chairman Silvestri moved to adjourn the meeting, seconded by Commissioner Steele.  The motion carried and the meeting was adjourned.

 

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION WITH REGARD TO THE MATTERS NAMED HEREIN:

 

Communication Number 283409                               Referred to Elections Subcommittee

 

Communication Number 283411                               Referred to Elections Subcommittee

 

Communication Number 283661                               Approved

 

Communication Number 284419                               Approved

 

 

 

Respectfully submitted,

Committee on Legislation, Intergovernmental and Veterans Relations

 

 

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Larry Suffredin, Chairman

 

 

Attest:

 

 

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Matthew B. DeLeon, Secretary