Illinois AG files plea with Court to strip Gov Blagojevich of his power to direct Tollway activities

Illinois Attorney-General Lisa Madigan has asked the state Supreme Court for an injunction preventing Governor Blagojevich from "directing the activities of the Illinois State Toll Highway Authority" among other gubernatorial powers. Madigan's 12 page motion titled "PEOPLE OF THE STATE OF ILLINOIS, Plaintiff v. ROD BLAGOJEVICH, Governor of Illinois, Defendant" claims that Blagojevich "is unable to serve as Governor due to disability" and cites his arrest Dec 9 by the FBI on corruption charges, saying the federal complaint concerns "pervasive on-going criminal conduct and pertains to decisions that Mr Blagojevich could make."

Madigan explained at a press conference that she had listed prohibitions based on the various areas of corruption listed in the US complaint against Blagojevich as the basis for his arrest.

Blagojevich's profanity-rich assertions in a telephone conference call that he was going to make money out of his power to choose the successor to Barack Obama in the US Senate got the most publicity.

But the FBI complaint also had the Governor saying Oct 6 that a highway contractor was expected to raise $500k in contributions for his political fund Friends of Blagojevich in return apparently for steering his way the contract for the Illinois Tollway's $1,800m Green Lanes project that was announced a week later.

If the contractor raised more money for Blagojevich's slush fund then Blagojevich would increase the size of the Tollway contract. (see US complaint p33)

Governor has no legal authority to direct Tollway activities

But the law under which the Illinois Tollway (strictly the Illinois State Toll Highway Authority or ISTHA) operates gives the Governor no general power to direct the activities of the authority.

Law governing the Tollway is the 605 ILCS 10/ Toll Highway Act.

We put 'governor' in the search box to see what the Governor's legal powers are.

The Governor:

- is an ex officio director and member of the 11 person board of directors of the Tollway

- appoints directors with the advice and consent of the state senate subject to the board being balanced geographically and between the two parties, and they have four term terms

- appoints one of the directors chairman for their 4 year term

- approves or vetoes study of new toll roads

- approves or vetoes proposed major Tollway borrowings

Nothing in Illinois law gives the Governor any power to "direct the activities" of the Tollway.

Nothing gives the Governor any legal authority over Tollway contracts. That is within the jurisdiction of the board of directors and the executives of the Tollway.

The directors are paid substantial salaries in return for directing the activities of the Tollway, and they are responsible for Tollway contracts.

We put in several calls and left messages today to get to John Mitola, chairman of the Tollway board. He is out of the state, we were told.

COMMENT: It will be interesting to hear how the present chairman and directors of the Tollway explain why they allowed Blagojevich to negotiate Tollway contracts over which he had no legal authority.

What were they doing taking salaries from the Tollway while ceding their powers to this criminal?

Didn't they know what was going on? Were they just, in the phrase of Ross Perot, his "pet rocks"?

Or were they active accomplices in Blagojevich's racketeering?

Earlier report on the complaint:

http://www.tollroadsnews.com/node/3877

Note: we inaccurately called it an 'Indictment' in this earlier report. It is a complaint or affidavit against Blagojevich.

TOLLROADSnews 2008-12-12