Former GOP rep. seeking back pay for himself, all other lawmakers in class action suit
By SARAH MANSUR
Capitol News Illinois
smansur@capitolnewsillinois.com
SPRINGFIELD — A former state lawmaker is suing the state comptroller for salary increases he claims he was entitled to while serving in the Illinois General Assembly for 12 years, even though he voted against those raises as a lawmaker.
Former Rep. Mike Fortner joins two other former state senators in filing separate lawsuits against Illinois Comptroller Susana Mendoza over pay raises that they argue are mandated by the state constitution.
Fortner served in the Illinois General Assembly from January 2007 to January 2019 as a Republican representing suburban West Chicago. Former Democratic Sens. Michael Noland, from Elgin, and James Clayborne Jr., from Belleville, filed a similar lawsuit in 2017 and 2018 for not receiving salary increases.
Fortner’s class-action lawsuit in Cook County Circuit Court claims that the automatic cost of living increases to lawmakers’ salaries were eliminated in violation of the Illinois Constitution.
He argues that the laws passed by the Illinois General Assembly to change lawmakers’ salaries in the middle of their term violates the section of the constitution that states salary changes for lawmakers “shall not take effect during the term for which he has been elected.”
In a statement, Mendoza called the lawsuit “an ill-advised class(less) action lawsuit seeking to retroactively take from taxpayers money for raises he voted not to take through legislation he co-sponsored.”
“If the court orders the state to take up to $10 million or more of taxpayers’ money to pay all former legislators raises they voted not to take, I will send legislators the forms state employees can already use to distribute a portion of their salaries to charity,” Mendoza said in the statement.
Fortner’s lawsuit claims that the General Assembly passed 10 laws between 2009 and 2018 that eliminated lawmakers’ cost-of-living adjustments mid-term, and five laws between 2009 and 2013 that imposed mid-term furlough days that reduced lawmakers’ pay.
It claims that the statutes are void because they violate the constitution, and Fortner is entitled to receive his full salary adjustments for the period from July 2009 to January 2019, as well as the payments that were withheld as furlough days.
In July 2019, a Cook County judge agreed with this argument in the case involving Noland and Clayborne, and ruled that the laws were unconstitutional because they altered wages during terms for which the lawmakers were elected.
In April, the judge ruled that Noland and Clayborne are entitled to the salaries that were withheld when the legislature passed laws to freeze cost-of-living increases and implement furlough days. Mendoza has appealed that ruling.
Fortner’s class action lawsuit also seeks the back pay from withheld salary increases on behalf of the other members of the General Assembly who served in the legislature from July 1, 2009, to June 30, 2019, and back pay from the withheld furlough days for those members who served between July 1, 2009 and June 30, 2014.
The lawsuit states that there are more than 200 people who could be members of the proposed class.
Fortner said in an emailed statement that his lawsuit is an attempt “to end further piece meal litigation over the payment of unconstitutionally-withheld salary to members of the General Assembly serving between 2009 and 2019.”
In the case involving Noland and Clayborne, the judge “limited the recovery to only the two former legislators who sued despite seeking payment of withheld salary for all impacted legislators,” according to the statement.
“The court’s decision is now pending on appeal,” Fortner said in the statement. “It is my hope that this class action will end further litigation on this subject once and for all and expedite the payment of withheld salary to all legislators serving between 2009 and 2019.”
The total cost of withheld cost-of-living pay raises for lawmakers between 2010 and 2019 is estimated at $14.4 million, according to a WBEZ report.
Fortner is represented by Michael Scotti III and Eric Madiar, a lobbyist who previously served as the former Senate parliamentarian and chief legal counsel to former Senate President John Cullerton. His attorneys declined to comment beyond his emailed statement.
Fortner’s lawsuit, which was filed last Tuesday, came one day after members of the General Assembly passed a state budget that includes a $1,181 increase to their salary.
Lawmakers increased their base salary to $70,645 from $69,464, which took effect on July 1, 2019.
Before the 2019 increase, the base salary was unchanged at $67,836 since 2008.
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.
Local News
‘They made us look like fools’
Spread the loveParents furious over one-two stumble by CPS By Tim Hadac As Chicago Public Schools were set to re-open earlier this week, parents of CPS students were still fuming over what most seemed to see as a two-part stumble by district administrators. “We did exactly what they asked of us, and they made us…
Toasting 2022 with champagne and herring
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hello everyone. So, the holidays are over. How did you celebrate? I love Christmas because I get to see family, some of whom I haven’t laid eyes on since Christmas 2019. New Year’s is a much quieter celebration. I have…
Girls Basketball: Sandburg falls to LW Central in champ game of Holiday Tournament
Spread the loveBy Jeff Vorva Correspondent Two years ago, a group of promising freshmen were bumped up to the varsity at Sandburg, joining an already stellar sophomore in Erin O’Connell. The team went through some growing pains in 2019-20 but flirted with 20 wins, finishing 19-12. Then there were some pains of playing an abbreviated…
St. Rita takes 5th at Hinsdale Central Holiday Classic
Spread the loveBy Steve Millar Correspondent St. Rita’s youth was evident in some mistakes the Mustangs made down the stretch in the fifth-place game of the Hinsdale Central Holiday Classic. But the Mustangs’ talent won out in the end. Sophomore guard Jaedin Reyna went coast-to-coast and scored on a drive to the basket with 2.5…
Murphy joins Schofield on U.S. women’s hockey team
Spread the loveBy Jeff Vorva Correspondent Abbey Murphy lists Kendall Coyne Schofield as her sports role model. Now, she will be a teammate of Schofield on the biggest stage for women’s hockey. Team USA Hockey announced its Olympic roster over the weekend and two-time medal winner Schofield, a native of Palos Heights and a Sandburg…
Richards principal walks 24 hours for a cause
Spread the loveRaises $20,000 for student scholarships By Kelly White Most people spend New Year’s Day relaxing. Richards High School Principal Dr. Mike Jacobson spent it on the treadmill. For the second year in a row, Jacobson inspired generous donations of more than $20,000 on New Year’s Day by walking 24 hours on a treadmill…
Students help design new District 230 logo
Spread the loveBy Jeff Vorva District 230 has a new logo. Students Tina Alkayed (Sandburg), Nycholas Golla (Stagg) and Trinity Walker (Andrew) teamed with Director of Communications Carla Erdey and Five Star Design branding specialist Laura Gilarski to work on the logo, which was unveiled at the Dec. 16 board meeting at Sandburg. “It’s a…
New laws taking effect
Spread the loveStatewide jump in minimum wage ‘just a start’ By Bob Bong and Peter Hancock Capitol News Illinois Minimum-wage workers across Illinois will see a boost in their hourly pay to $12 per hour starting Jan. 1, while tenants in affordable housing units will be allowed to keep pets. Those are just some…
Three Wise Men at Snows
Spread the love Portraying the Three Wise Men at the Christmas pageant at Our Lady of the Snows School this year were Yarely Garibay, Noah Rosas and Amira Cepeda. The three eighth graders were part of “Las Posadas” a nine-night depiction of Mary and Joseph’s search for a place to stay and where Jesus Christ…
- « Previous
- 1
- …
- 323
- 324
- 325
Neighbors
Township of Lyons donates $10,000 to help food pantries
Spread the loveBy Steve Metsch The Township of Lyons board was in a giving mood at its most recent meeting. The board approved sponsorships and donations totaling $12,250. The largest donation was $10,000. It went to the Greater Chicago Food Depository which runs 12 monthly mobile food pantries in the township each year. Supervisor Christopher…
Countryside zoning commissioner honored for 20 years on board
Spread the loveBy Steve Metsch For the past 20 years, Tina Grotzke has had a say-so in every development that’s come to Countryside. Grotzke was appointed to another term on the city’s the plan commission zoning board of appeals during the city council’s meeting on June 12. Mayor Sean McDermott noted Grotzke’s two decades of…
Nuccio bids farewell to Indian Springs SD 109
Spread the loveBy Carol McGowan After 25 years of serving the area, 22 of those at Indian Springs School District 109, Dr. Blair Nuccio is set to retire. Dr. Nuccio was the assistant superintendent at District 109 before becoming superintendent in July of 2017. Prior to that, he spent three years as the superintendent at…
A real knockout
Spread the loveLyons boy, 10, heads to boxing nationals By Steve Metsch Dario Lemus Jr., has yet to knock out an opponent in the boxing ring. Give him time. After all, the 10-year-old Lyons boy has only been boxing for 18 months. “I’ve dropped two kids, but not like a knockout,” Dario said with a…
New Middle Eastern coffee shop opens next to Bridgeview courthouse
Spread the loveBy Nuha Abdessalam Coffee connoisseurs take heart, Bridgeview Court Plaza’s newest addition, The Qahwa, is now open. Prepare to be captivated by a truly unique Middle Eastern coffee experience, nestled in the heart of Bridgeview’s “Little Palestine.” The Qahwa, with its one-of-a-kind Middle Eastern coffee blends and inviting atmosphere, is a haven for…
Temps were hot, but golfers were cool
Spread the love. Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 . The weekend of June 22/23 started with temps in the 90s, a high humidity both days and the threat of rain loomed throughout the weekend as well. This is not unusual for the third week…
Oak Lawn Fourth of July festivities
Spread the loveCelebrate Independence Day at the Village of Oak Lawn’s annual Fourth of July Parade at 4 p.m. on Saturday, June 29! This cherished community event brings together families, friends, and neighbors to honor the spirit of freedom and patriotism. Parade will step off at 95th Street and Lacrosse and head west on 95th…
District 230 names Director of Safety and Security
Spread the loveFrom staff reports The Consolidated High School District 230 Board of Education approved Dr. Mary Pat Carr as the district’s first Director of Security. She will move from her current position as Assistant Principal of Activities at Stagg High School to the Administrative Center on July 1. Her duties as Director of Safety…
Worth Public Library kicks off summer reading program
Spread the loveBy Kelly White Patrons at the Worth Public Library welcomed in the summer season earlier this month. The library, 6917 W. 111th St., hosted its annual celebration on June 1 to bring patrons of all ages out to sign up for its summer reading program. “We love any excuse to celebrate reading with…
Fire knocks out Orland’s UFC Gym
Spread the loveFrom staff reports A fire last Thursday afternoon practically destroyed an Orland Park gym and knocked out neighboring businesses, as well. Orland Park firefighters received a call at 2:31 p.m. June 20 for a reported fire in the UFC Gym located at 66 Orland Square Drive Unit C. Multiple 911 calls were received for a…