![Illinois Supreme Court denies former lawmakers’ claim for back pay Illinois Supreme Court denies former lawmakers’ claim for back pay](https://southwestregionalpublishing.com/wp-content/uploads/2022/09/img-NOLAND-CLAYBORNE-ITm3Sz.jpeg)
Illinois Supreme Court denies former lawmakers’ claim for back pay
By PETER HANCOCK
Capitol News Illinois
phancock@capitolnewsillinois.com
SPRINGFIELD – The Illinois Supreme Court on Thursday rejected a lawsuit filed by two former state legislators who sued for back pay they believed they were due for raises that they voted against while in office.
Former Sen. Michael Noland, D-Elgin, and former Sen. James Clayborne, D-Belleville, argued that the pay reduction measures they voted for violated the legislative salary clause of the Illinois Constitution, which says, “changes in the salary of a member shall not take effect during the term for which he has been elected.”
But in a 6-0 decision, the court declined to rule on the constitutionality aspect, saying the former lawmakers undercut their own case by voting in favor of the measures, touting them to the public and waiting too long to file their claims.
“We conclude that under the facts here, where plaintiffs, former legislators, agreed to, acquiesced in, and voted for the Salary Reduction Laws, plaintiffs cannot now be allowed to challenge the reductions in their salaries during their previous terms in office,” Justice P. Scott Neville wrote for the court.
Chief Justice Anne Burke and Justices Mary Jane Theis, Michael Burke, David Overstreet and Robert Carter concurred. Justice Lisa Holder White, who joined the court in July after oral arguments in the case had already concluded, did not take part in the decision.
Illinois is currently governed by the Compensation Review Act. In 1990, a Compensation Review Board that has since been abolished recommended that legislative salaries be subject to annual cost of living adjustments, or COLAs. The General Assembly approved that recommendation and it remained in effect when the board was abolished.
In 2009, in the wake of a severe recession, lawmakers passed a bill canceling those COLAs for the upcoming fiscal year, and they repeated that policy each year until 2019.
Clayborne served in the General Assembly for 24 years, from 1995 to 2019. Noland served for 10 years, from 2007 to 2017. Noland first filed the suit in Cook County shortly after he left office and Clayborne joined two years later after he had announced he would not run for another term.
The lawsuit sought what’s known as a “writ of mandamus” – an order for a public official to perform a legal duty – against Illinois Comptroller Susana Mendoza.
Clayborne claimed he was owed $104,412.93 in lost pay. Noland sought $71,507.43.
In July 2019, Cook County Judge Franklin Valderrama ruled in their favor, saying the salary freezes were unconstitutional, and a subsequent judge, Allen P. Walker, issued an order in April 2021 for Mendoza to make the payments. But Mendoza appealed directly to the Supreme Court.
During oral arguments, Attorney General Kwame Raoul’s office, representing Mendoza, did not challenge the finding that the legislative acts were unconstitutional, but argued that the former senators had effectively waived their right to any relief by voting in favor of the pay reduction bills.
It also argued that the former lawmakers waited an unreasonable length of time before filing their claims and that their claims should be barred by the statute of limitations, which is generally five years.
In its ruling Thursday, the Supreme Court agreed with those arguments and did not rule on the constitutionality argument.
“I’m so grateful the Supreme Court said ‘No’ to these two former legislators who voted to forego their raises, then issued news releases praising their self-sacrifice in declining those raises as they asked their constituents to re-elect them,” Mendoza said in a statement. “Years after they left the legislature they shamelessly sued me – and by extension, you, the taxpayers – saying they had no constitutional right to decline those raises and wanted them back.”
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government that is distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
![SANDBURG 12 Sandburg’s Claire Callaghan dribbles during the opening round of the Eagles own holiday tournament on Dec. 27. The Eagles finished second in the tournament. Photo by Jeff Vorva](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/SANDBURG-12-848x1024.jpg)
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…
![SRP-IMAGE-Logo SRP-IMAGE-Logo](https://southwestregionalpublishing.com/wp-content/uploads/2021/05/SRP-IMAGE-Logo-1024x560.png)
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…
![ABBIE MURPHY Abbey Murphy, a Mother McAuley grad and University of Minnesota hockey player, was named to the Olympic team. University of Minnesota photo](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/ABBIE-MURPHY-1024x576.jpg)
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…
![4 Richards High School Principal Dr. Mike Jacobson and several staff members at the high school, 10601 Central Ave., Oak Lawn, walked for 24 hours on a treadmill to raise money for student scholarships starting bright and early on New Year's Day. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/4-683x1024.jpg)
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…
![LOGO District 230 board members and students have their photo taken in front of the district’s new logo. (Photo by Jeff Vorva)](https://southwestregionalpublishing.com/wp-content/uploads/2021/12/LOGO-1024x768.jpg)
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…
![GSWNH_FightFor15Sign_123121 A fast-food restaurant worker affixes a Fight for $15 sign to a window at a McDonald’s in the city. --Photo courtesy of FightFor15.org](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_FightFor15Sign_123121-1024x683.jpg)
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…
![GSWNH_OLSThreeKings_123121 GSWNH_OLSThreeKings_123121](https://southwestregionalpublishing.com/wp-content/uploads/2022/01/GSWNH_OLSThreeKings_123121-768x1024.jpg)
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
![Dr. Blair Nuccio Dr. Blair Nuccio](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/Dr.-Blair-Nuccio-1-627x1024.png)
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…
![dvn 6-24-24 lyons boxer2 Dario Lemus, Jr., of Lyons, demonstrates the moves that helped him become an Illinois Junior Olympic boxing champ. (Photos by Steve Metsch)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/dvn-6-24-24-lyons-boxer2-669x1024.jpg)
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…
![reporter biz 6-24-24 The Qahwa Coffee House (Bridgeview) The Qahwa coffee house is now open in Bridgeview. (Photo by Nuha Abdessalam)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/reporter-biz-6-24-24-The-Qahwa-Coffee-House-Bridgeview-1024x768.jpg)
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…
![kathyheadley2021 Kathy Headley](https://southwestregionalpublishing.com/wp-content/uploads/2023/10/kathyheadley2021-869x1024.jpg)
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…
![reporter 6-27-24 ol parade shriners Shriners entertain the crowd at last year's Oak Lawn Independence Day Parade. (File photo)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/reporter-6-27-24-ol-parade-shriners-1024x698.jpg)
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…
![regional 6-24-24 sd230 safety director Mary Pat Carr](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/regional-6-24-24-sd230-safety-director-659x1024.jpg)
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…
![3 The Worth Public 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. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/3-1024x771.jpg)
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…
![regional 6-24-24 UFC Gym Orland Mall fire3 Fire hoses line the parking lot outside of the UFC Gym last Thursday. (Supplied photos)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/regional-6-24-24-UFC-Gym-Orland-Mall-fire3-1024x739.jpg)
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…
![reporter 6-24-24 cr fire chief retires Retiring Chicago Ridge Fire Chief William Bonnar (at left) is congratulated by Mayor Jack Lind, who also presented him with a proclamation, at the June 18 Village Board meeting. (Photo by Dermot Connolly)](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/reporter-6-24-24-cr-fire-chief-retires-1024x764.jpg)
Chicago Ridge Fire Chief Bonnar retires
Spread the loveStarted his 50-year career as Orland Park cadet By Dermot Connolly Chicago Ridge Fire Chief William Bonnar officially announced his retirement from a nearly 50-year career at the June 18 Village Board meeting. Mayor Jack Lind made the announcement “with great regret,” joking that “he doesn’t have the age to retire but he…
![basketball stock basketball stock](https://southwestregionalpublishing.com/wp-content/uploads/2024/06/stock-basketball-e1719502937287.jpg)
Stagg tabs Allee Hernandez to guide girls hoops
Spread the loveBy Randy Whalen Correspondent Allee Hernandez has accrued many years of basketball experience as a player and as an assistant coach. She will soon embark on a new experience as a head coach at Stagg, where she will be the Chargers first new head coach in 16 seasons. She succeeds Bill Turner, who…