Inspector general idea up in air
Possible compromise would create post for each constitutional officer
By MAURA KELLY
THE ASSOCIATED PRESS
CHICAGO - Gov. Rod Blagojevich and some statewide officers have been at odds for
months over his proposal to create an inspector general who could investigate
allegations of fraud, corruption or abuse of power in their offices.
Blagojevich has said the post of "executive inspector general" is critical
to strengthening state ethics laws, but recently he indicated he will back away
from the post if other reforms are made.
Constitutional officers take issue with giving authority to an appointee of the
governor to investigate them.
The post is part of an ethics reform package Blagojevich proposed when he issued
an amendatory veto on an ethics bill earlier this year.
Negotiations on the issue, which might be considered in the veto session that
begins Tuesday, have produced a compromise that would create an inspector general
for each constitutional officer.
The debate plays out against the state's checkered history with inspectors general
- especially those who report to the head of the office they are charged with
investigating.
"The role (of inspector general) historically has not been that of a vigorous
office," said Rep. John Fritchey, D-Chicago, who had pushed for the executive
inspector general. "For too long, we had a situation with the fox guarding
the henhouse, and the henhouse was not a very ethical place."
The state still is recovering from a scandal involving Dean Bauer, former inspector
general in the secretary of state's office under George Ryan, who later served
one term as governor.
Bauer was sent to prison for obstruction of justice. Prosecutors say he thwarted
investigations, covering up seven years of bribery and other scandals to save
Ryan from political embarrassment.
Scott Fawell, Ryan's former chief of staff, was convicted in March after a seven-week
trial at which witnesses said he largely dismantled Ryan's inspector general's
office to head off investigations of Ryan's fund-raising.
Bauer, however, is not the only inspector general questioned for his actions -
or inaction - in Illinois.
The state's child welfare agency has an inspector general who looks into death
cases and other issues, but the agency is weighted down by a lingering problem
of keeping track of children and has been criticized for cases of abuse and neglect.
And federal investigators are looking into whether government employees at state
Treasurer Judy Baar Topinka's office were used for political work, despite the
office having an inspector general.
Roland Malan, executive director of the Association of Inspectors General based
in Philadelphia, said he believes inspectors general serve an important function
but that their role can be limited depending on whether their recommendations
are followed.
"They don't solve the problems but they ... certainly help the image of government,"
he said. Often, work done by inspectors general leads to charges brought by prosecutors.
The ethics reform package Blagojevich proposed would affect existing inspectors
general in Illinois, including one Blagojevich created for his office. It would
establish an ethics commission that would require quarterly reports from inspectors
general.
"We're confident that that oversight will provide a safeguard that's been
missing in the past, which is what led to a Dean Bauer-type situation," said
Fritchey, who supports the package. "A constitutional officer would still
have the technical ability to disregard the findings of the inspector general
but would know he or she is subject to being taken to task by the ethics commission."
Other reforms the governor proposed include a $75 daily limit lobbyists can spend
on food or drinks for a lawmaker or state employee, and a ban on public service
announcements that feature the image, voice or name of constitutional officers
or lawmakers.
Blagojevich hired former federal prosecutor Zaldwaynaka L. Scott in April to serve
as inspector general in his office. Scott and her 15-member staff have investigated
400 complaints ranging from theft to political activity at work, but she will
not discuss case outcomes.
Scott reports only to the governor but insists she is independent.
"I give the governor a summary of our activities. I don't take direction
from the governor," Scott said.
Some question how far her independence can go without another check, such as the
proposed ethics commission.
"There's no magic in just establishing the position. The real test for this
governor or any other elected official is whether he's willing to support his
internal policing operation even if it means some political supporters go to prison,"
said Mike Lawrence, associate director of the Public Policy Institute at Southern
Illinois University.
Former state comptroller Dawn Clark Netsch points to the proposed ethics reforms,
which she worked on, as a way to prevent problems.
"There's nothing for sure that makes it absolutely impossible we could have
a corrupt inspector general again," she said. "But we've got so many
safeguards built in, so much structure, it seems to me highly unlikely that could
happen again."