CAPITOL RECAP: Former state Sen. Tom Cullerton pleads guilty to embezzlement

CAPITOL RECAP: Former state Sen. Tom Cullerton pleads guilty to embezzlement

By CAPITOL NEWS ILLINOIS

CULLERTON GUILTY: Former state Sen. Tom Cullerton pleaded guilty Tuesday, March 8, to one count of embezzlement and could face more than a year in federal prison.

During a plea hearing in federal court in Chicago, Cullerton admitted that he received pay and benefits from the Teamsters Joint Council 25 during 2015 while doing little or no work for the union. In addition to his salary, prosecutors alleged, Cullerton also received bonuses and health care benefits.

Cullerton, a Villa Park Democrat, was indicted in 2019 on 40 counts of embezzlement – one for each paycheck he received from January 2015 through January 2016, a period of time when he also served in the Illinois Senate.

According to court documents, Cullerton, a one-time chairman of the Senate Labor Committee, had been a member of the Teamsters Union Local 734 when he drove a truck for Hostess Brands until November 2012 when the company filed for bankruptcy. That was the same year he was elected to the state Senate.

In March 2013, according to the indictment, John Coli, president of the Teamsters Joint Council 25, the local union’s parent organization, hired Cullerton as a union organizer. He received a salary, a car and telephone allowances and bonuses from the council, which also continued contributing to his health care and retirement benefits.

On July 30, 2019, two days before Cullerton was indicted, Coli pleaded guilty to other, unrelated federal charges and agreed to cooperate with other investigations.

In October 2021, Cullerton’s attorneys filed a motion to dismiss the charges, but a judge denied that motion in December. Then last month, Cullerton resigned his Senate seat and his lawyer announced that he would change his plea.

The charge carries a maximum sentence of five years in prison. But according to a plea agreement, prosecutors said that based on his lack of any previous criminal history, sentencing guidelines would call for 12-18 months imprisonment.

As part of the plea agreement, Cullerton agreed to pay restitution of $248,828 for benefits paid and one paycheck. Cullerton must pay $25,000 of that amount within 30 days in order for prosecutors not to seek forfeiture of his Villa Park residence.

Formal sentencing has been set for June 21.

* * *

MASK MANDATE LIFTED: The Illinois House amended COVID-19 protocols Tuesday, March 8, lifting face covering requirements following weeks of pushback from Republican members who sometimes refused to wear masks and delayed the start of session on several occasions. 

In a 104-1 vote, the House passed House Resolution 717 that lifted the face mask requirement. Temperature checks when members walk into the chamber will no longer be implemented and social distancing will not be required.

The sole dissenter on the change was Rep. Lakesia Collins, D-Chicago, who was the Democrat that motioned to remove GOP members from the floor on several occasions in recent weeks when they refused to comply with the face covering requirements.

House Leader Greg Harris, D-Chicago, said the change in the House rules can be reversed if the COVID-19 situation changes in the future.

Rep. Blaine Wilhour, R-Beecher City, a vocal face covering opponent who was one of the GOP members removed from the chamber on multiple occasions recently, said the chamber has gotten “real good at taking meaningless votes on masks” the past few weeks instead of “doing the work of the people.”

GOP members accused Democrats of hypocrisy for enforcing mask requirements on the House floor in February but not at fundraising events, and they faulted the majority party for not voting on the governor’s authority to issue statewide mask mandates.

House committee hearings will continue to be remote and hybrid, while the public gallery overlooking the House floor will remain open at 50 percent capacity.

The Senate will no longer mandate masks either, although masks are “strongly encouraged” in the chamber.

The Senate gallery was open at 50 percent capacity as of Tuesday, but wristbands showing that the person had a negative COVID-19 test were needed to gain entry into the gallery and other Senate areas.

Illinois’ mask mandate was lifted for indoor public spaces at the end of February. Masks are still required in health care settings and on public transportation such as buses, trains, and airplanes.

On Friday, the most recent COVID-19 executive order filed by Pritzker ended mask requirements in schools, “shifting schools back to the ordinary processes for handling infectious diseases,” according to a news release.

* * *

PRISONER REVIEW BOARD: Gov. JB Pritzker yanked the appointment of two appointees to the Illinois Prisoner Review Board Tuesday, the same morning a Senate committee was scheduled to consider them.

It was the second time Pritzker pulled the appointments of Aurthur Mae Perkins, 83, of Peoria, and Joseph Ruggiero, 62, of Wheaton, for the Illinois Prisoner Review Board. The two, both appointees originally made by Republican former Gov. Bruce Rauner, have served on the Prisoner Review Board without Senate confirmation for nearly three years each.

“Do you know why they are withdrawn?” Sen. Jason Plummer, R-Edwardsville asked Chair Laura Murphy, D-Des Plaines.

“Senator, we are in compliance with the Senate Rules,” she replied.

The PRB is a 15-person body appointed by the governor. It has the authority to grant, deny or determine conditions of parole, and it must notify victims and families when an inmate is going to be released from custody. The board also imposes release conditions and makes recommendations on pardon and clemency petitions to the governor.

Perkins is a former teacher, principal and adjunct faculty member at Bradley University. She currently serves on the Peoria Housing Authority Board and the Peoria Citizen’s Committee for Economic Opportunity as a board member. Perkins was originally appointed to the Prisoner Review Board by Rauner in March 2015.

Ruggiero was appointed by Rauner in September 2018 to fill the vacancy left by Tom Johnson, who left the position before his term was up. Ruggiero was appointed to finish out Johnson’s term, then reappointed by Pritzker on March 21, 2019, for a new term once it ended.

Ruggiero served as a prosecutor for 30 years in the DuPage County State’s Attorney’s Office, handling high-profile murder cases.

Senate rules allow the governor to withdraw an appointment and reappoint an individual if the Senate fails to vote on a nominee within 60 session days of the governor’s filing of the appointment.

This practice has been used by previous governors.

Perkins and Ruggiero are two of nine members of the Prisoner Review Board that have not been confirmed by the Senate.

Plummer questioned Sen. Murphy about the repeated delays regarding the approval of PRB members specifically.

“There is no cavalier attitude. We intentionally follow the Senate rules,” Murphy said. “We could not have anticipated the wrath of a pandemic that hit not only this state, but the entire country. So therefore, the Senate clocks have been delayed somewhat.”

At a news conference Wednesday morning, Pritzker blamed the Senate for the failure to approve appointments.

* * *

CAMPAIGN FILING: The 2022 campaign season got underway in earnest Monday as candidates lined up in front of election offices to turn in petitions to get their names on the June 28 primary election ballot.

Hundreds of candidates and their aides braved cold wind and snow early Monday to line up outside the Illinois State Board of Elections office in Springfield to ensure their placement on the ballot.

Monday was the first day established party candidates could file their petitions. The deadline for turning in petitions is next Monday, March 14.

Illinois voters will cast ballots this year for governor and lieutenant governor as well as statewide constitutional officers, all 118 seats in the Illinois House and 59 seats in the state Senate, circuit, appellate court and state Supreme Court judges, congressional seats, and a U.S. Senate seat currently held by Democrat Tammy Duckworth.

Voters in parts of Illinois will also cast ballots for county board members and various other local government offices.

This year’s primary was pushed back from its normal time in early March due to delays in the redistricting process brought about by delays in the release of 2020 census data due to the COVID-19 pandemic.

That revised schedule could have an impact on who turns out to vote in the primary. The late June date means many college students who would normally vote on campus will be home for summer break while many other voters who would normally turn out in March may be away on vacation.

According to this year’s election calendar, voters can request mail-in ballots starting March 30 by contacting their local election authority. Those applications must be received by the election authority by June 23.

Mail-in ballots must be postmarked or returned in-person to the election authority by Election Day, June 28.

* * *

STATEWIDE CANDIDATES: Gov. JB Pritzker and Lt. Gov. Juliana Stratton are waging their first reelection bid this year. They won the 2018 election with 54.5 percent of the vote over former Republican Gov. Bruce Rauner and Lt. Gov. Evelyn Sanguinetti.

It is not believed they will face any primary opposition this year but Republican challengers include Aurora Mayor Richard Irvin; state Sen. Darren Bailey, of Xenia; former state Sen. Paul Schimpf, of Waterloo; Chicago-area businessman Gary Rabine; and venture capitalist Jesse Sullivan, of Petersburg.

Speaking at a campaign kickoff rally at a local union meeting hall in Springfield shortly after submitting his petitions, Pritzker touted his efforts to improve job and economic opportunities for middle class workers and marginalized populations in the state.

“In a world that increasingly feels like us versus them, this campaign is about what we can do together. And our vision for a better Illinois doesn’t happen without a fight,” Pritzker said.

Republicans, meanwhile, have so far been attacking Pritzker and the Democrats for the state’s rising rate of violent crime and the impact that his response to the COVID-19 pandemic had on the state’s economy, as well as the corruption allegations against former House Speaker Michael Madigan.

Irvin echoed those themes at a kickoff event for a GOP slate of statewide candidates.

“Under JB Pritzker crime is out of control, and Republicans are saying that all throughout the state,” Irvin said. “In the state of Illinois, Republicans are saying that taxes and wasteful spending is out of control. They’re saying corruption is out of control. That’s what’s important to Republicans. That’s what’s important to Democrats, independents, and that’s what we’re going to be addressing through our campaign.”

Outside of the governor’s race, the most high-profile race in state government this year may be the contest for secretary of state, where incumbent Jesse White is retiring after six terms in office.

On the Democratic side, former State Treasurer Alexi Giannoulias has the support of some of the state’s largest labor unions and the Cook County Democratic Party, while other high-profile Democrats, including Pritzker and White, have thrown their support behind Chicago City Clerk Anna Valencia. Also in the race is Chicago Ald. David Moore.

On the Republican side, the race appears to be between John Milhiser, a former U.S. Attorney for the central district of Illinois, and state Rep. Dan Brady, of Bloomington.

The Irvin slate includes attorney general candidate Steve Kim, of Deerfield; treasurer candidate Rep. Tom Demmer, of Dixon; and comptroller candidate Shannon Teresi, of Crystal Lake. Milhiser is the secretary of state candidate on the slate.

They will vie to unseat Attorney General Kwame Raoul, Treasurer Michael Frerichs and Comptroller Susana Mendoza, all incumbent Democrats.

* * *

DCFS UNDER FIRE: A Cook County judge this week found the director of the Illinois Department of Children and Family Services in contempt for the fifth and sixth time this year for housing two girls in locked psychiatric facilities unnecessarily.

Director Marc Smith faced four previous contempt citations for failing to place children in proper homes in violation of court orders. Each of the six contempt citations included a $1,000-per-day fine for Smith.

After being found in contempt, DCFS found placement for three of the children and the initial contempt citations were purged and the fines waived. In one case, the girl was re-admitted to the hospital.

In the latest cases, Cook County Judge Patrick T. Murphy held Smith in contempt on Thursday for failing to comply with court orders to move two girls out of locked psychiatric facilities.

The judge ordered another $1,000-per-day fine in these cases but stayed them until March 9.

Smith appeared before a House Human Services Appropriations Committee on Thursday and answered pointed questions about the contempt citations. Rep. Kathleen Willis, D-Addison, challenged Smith’s assertion that kids were being moved out of improper placements quickly.

“You’re not placing them very quickly. Okay. You will not be held in contempt of court if you were placing them very quickly,” she said. These are cases that are languishing for months that are waiting, so why are we not being proactive, knowing that these children are going to be released from psychiatric care. And what’s holding it up? Why does it wait until an order of contempt of court gets placed on you to suddenly go quickly on this?”

Smith countered that 20 kids held in psychiatric hospitals beyond medical necessity are being placed in proper placements every month. He also said parents place their children with DCFS because they are unable to access mental health resources for their children.

“I appreciate that we have a judge who is trying to use what authority and power he has to impact change,” Smith said. “But it is really a partnership that we are offering. I’m willing and able to do the work that we’re doing for this and to address this issue aggressively. The truth of the matter is, this is a universal issue that we all have to work on taking the lead, but this is an ongoing community-based issue. And that’s falling into our system.”

* * *

TEACHER REIMBURSEMENT: The Illinois House passed a bill Wednesday, March 2, that would reimburse public school teachers for tuition and mandatory fees paid to a public institution of higher education.

In a 70-42 vote, with no Republican support, the House passed House Bill 4139, which would require the Illinois Student Assistance Commission to establish and administer a teacher reimbursement grant program that provides eligible applicants an annual reimbursement of tuition and fees.

Rep. Sue Scherer, D-Decatur, said the bill addresses a dire need for teachers and incentivizes teachers to remain in Illinois public schools for at least 10 years.

To be eligible for reimbursement, applicants must have attended a public Illinois university and completed a state-approved educator program. Scherer said while they are employed at an Illinois public school, they will get reimbursed one-tenth of the amount they paid in tuition and fees for up to 10 years.

If the grant program were to serve everyone eligible, it would require about $1.4 billion over 18 years, according to a fiscal note attached to the bill at the request of a Republican lawmaker. In fiscal year 2023, it would cost about $88.3 million altogether and grow each year until annual costs peaked in years nine and 10 at about $140.2 million and declining thereafter. It would impact an estimated 65,160 Illinois teachers, including an estimated 53,460 current teachers.

The bill does not appropriate any money for the program, however, so lawmakers would have to include funding in future state budgets for it to have any effect.

Rep. Avery Bourne, R-Morrisonville, noted that ISAC had concerns about the bill and filed a witness slip in opposition to it.

Bourne said due to the lack of income requirements in the bill, state taxpayers could be on the hook for tuition that a wealthy family member had already paid to the public university. For that reason, she said. the bill does not help the people it is intended to help.

The bill is supported by the state’s major teachers unions.

The bill now heads to the Senate for further discussion.

 

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

 

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