Rauner Gets Last Word on Quinn Executive Orders

Former Governor Pat Quinn raised eyebrows when he used the remaining hours of his governorship to issue several Executive Orders. Along with a multitude of last-minute appointments to various boards and commissions, his actions struck many as a sign of disrespect and resentment toward his successor. As if to remove all doubt, the former Governor chose not to attend the inauguration of his successor.

Probably the most pointed Executive Order signed by the former Governor required that governors annually disclose detailed income tax information. This action appeared to be a clear shot at Governor Rauner and suggests that Quinn elected to wage his populist, class warfare campaign beyond the election and right up to the close of his governorship. 

It therefore came as no surprise when Governor Rauner undid those last minute Executive Orders on Friday:

Rauner’s executive orders, issued late on a Friday when fewer people are paying attention to the news, would effectively cancel seven edicts Quinn made during his final days as the head of state government.

The tax disclosure requirement was among a number of final jabs Quinn took at Rauner, who the ex-governor frequently criticized for releasing only limited income tax data during the campaign. Rauner has said he has turned over more information than required under law. There is no requirement under law. 

"It is clear that too many of Pat Quinn's actions during his final weeks in office were in an effort to settle political scores and not wholly aimed at serving the public's interest," Rauner spokesman Lance Trover said in a statement. The administration says it will decide on a "case-by-case basis" if any of Quinn's orders may be "re-implemented."
Rauner’s executive order also cancels Quinn’s move to require state contractors to be paid a minimum of $10 an hour, above the current $8.25 minimum wage. Quinn had unsuccessfully pushed for a statewide minimum wage increase, an issue Rauner said he supports only if coupled with buisness-friendly changes such as workers compensation rules. 

Rauner's action would also repeal orders that would have prevented state law enforcement from detaining a person based on immigration status, as well as additional protections for pregnant women in the workplace. But a law the state approved last year aimed at providing protections for women on the job remains on the books.

The former Governor responded to the repeal of his Executive Orders:

“The action of Bruce Rauner today to rescind these, I think, very necessary executive orders for the common good, I think is self-serving and anti-reform, and he ought to be ashamed of himself,” Quinn said.

No love lost there. Note that the former governor didn't include his successor's new title in making reference to him. In any event, the rescinding of the Executive Orders and final comment by the former governor effectively closes the book on the Quinn administration. 

Governor Rauner Grabs the Reins with Executive Orders

It remains to be seen how well Governor Rauner will be able to work with the General Assembly. Illinois' moribund fiscal condition is in need of a course correction, and that won't happen without a series of politically tough votes. Republicans and Democrats will have to cooperate by putting votes on difficult legislation, and Governor Rauner will probably need to be the fulcrum between both parties to make it happen. 

In the meantime, the Governor is using his Executive Order authority to begin shaping policy where he can act alone. He has thus far signed the following three Executive Orders:

Executive Order to Address the State's Fiscal Crisis
This Order directs the state agencies to identify and halt non-essential spending. This includes contracts and grants, with certain allowable exceptions. It also forbids any expenditures tied to supplemental funding. Vehicle purchases and out-of-state travel are also prohibited unless authorized following a review. In-state travel by state agency personnel is restricted and subject to approval. Surplus property must be identified and sold at auction and agencies are encouraged to adopt energy conservation practices to cut costs. 

Per David Ormsby at the Illinois Observer, the Director of the Governor's Office of Management and Budget has issued compliance guidelines for determining appropriate versus prohibited spending with respect to this Executive Order.

Executive Order to Ensure Ethical and Responsive Government
This Order imposes a one-year revolving door ban on lobbying state agencies, restricts gifts to state employees, requires state employees to file a statement of economic interest, and instructs the Governor's Office of Management and Budget (GOMB) to review employment contracts. This includes employment contracts entered into by units of local government, universities, boards, and commissions.

Executive Order Requiring Transparency Within State and Local Government 
This Order requires the posting of all political hires on the Illinois Transparency and Accountability Portal (ITAP) operated by the Department of Central Management Services (CMS). The Order also calls on the state to assist local governments in complying with the employment postings required under the ITAP law (this law was approved a few years ago, but implementation of the system was delayed for some time).

These are important reforms that set a new tone for the state bureaucracy while sending a signal to outside observers that things are changing in Illinois government. The Executive Orders are also a good way to build some momentum toward the ominous negotiations and votes that will be required for the more consequential and structural reforms that lay ahead.