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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISIONCLERK DOROTHY BROWN

PEOPLE ex rel EMANUEL CHRIS WELCH,

in his official capacity as Representative in the
General Assembly for the 7th Representative
District, ELIZABETH HERNANDEZ, in her
official capacity as Representative in the General
Assembly for the 24th Representative District,
SYLVANA TABARES, in her official capacity as
Representative in the General Assembly for the
21st Representative District, MARY E. FLOWERS,
in her official capacity as Representative in the
General Assembly for the 31st Representative
District, KATHERINE CLOONAN, in her
official capacity as Representative in the General
Assembly for the 79th Representative District, and
SONYA M. HARPER, in her official capacity as
Representative in the General Assembly for the
6th Representative District,
Plaintiffs,
v.
LESLIE GIESLER MUNGER, Comptroller
of the State of Illinois, in her official capacity,
Defendant.

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No.

COMPLAINT FOR A DECLARATORY JUDGMENT AND WRIT OF MANDAMUS

Plaintiffs EMANUEL CHRIS WELCH, ELIZABETH HERNANDEZ, SYLVANA
TABARES, MARY E. FLOWERS, KATHERINE CLOONAN, and SONYA M. HARPER, in
their official capacities as members of the Illinois General Assembly, by and through their
counsel, Michael Kasper and Richard J. Prendergast, Ltd., and for the Complaint for a
Declaratory Judgment and Writ of Mandamus, state as follows:
INTRODUCTION

1.

In direct violation of the Illinois Constitution and the laws of the State of Illinois,

the Defendant LESLIE GIESLER MUNGER (the Comptroller) has threatened the
independence of the Legislative Branch, a co-equal branch of government, by refusing to pay
legislators and constitutional officers their Constitutionally protected salaries.
2.

In April 2016, the Comptroller announced that she would no longer pay members

of the General Assembly (and Executive Branch officers) their monthly salary payments despite
Constitutional and statutory mandates that she do so. The Comptroller immediately stopped
monthly salary payments contrary to law.
3.

The 177 members of the General Assembly last received monthly salary payment

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on August 31, 2016, which covered their salaries for the month of May, 2016. Thus, members
are currently entitled to, but have not received, salary for the months of June through the present
date.
4.

The Illinois Constitution of 1970 provides that each legislator shall receive a

salary as provided by law. ILL. CONST. 1970, art. IV, 11. The Constitution further prohibits any
changes to the salaries of legislators during their terms of office. Id. The General Assembly
Compensation Act mandates that legislators salaries be paid in 12 equally monthly
installments. 25 ILCS 115/1. By intentionally withholding salary payments from legislators, the
Comptroller has violated both Article IV, Section 11 of the Constitution and Section 115/1 of the
General Assembly Compensation Act. The Comptrollers actions are a direct threat to the
independence of the General Assembly.
5.

In 2004, the Illinois Supreme Court invalidated Governor Blagojevichs attempt

to threaten the independence and integrity of the Judiciary by eliminating judicial salary
increases. In doing so, the Court stated as follows: For checks and balances to work properly in

protecting individual liberty, each of the three branches of government must be kept free from
the control or coercive influence of the other branches. Jorgensen v. Blagojevich, 211 Ill. 2d
286, 299 (2004). Protecting the Judicial or Legislative Branches of government from
unwarranted intrusion by any executive branch officer is vital to preserving the separation of
powers. As the Supreme Court stated, Avoiding the concentration of governmental powers in
the same person or political body was seen by the founding fathers as essential to freedom and
liberty. Id.
6.

In 2011, the Circuit Court of Cook County, Hon. Judge Neil Cohen presiding,

invalidated Governor Quinns attempt to eliminate legislators annual salaries through a line item

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veto. Judge Cohen held that the Governors line item veto of SB 214 was constitutionally void
and of no effect. Cullerton & Madigan v. Quinn, 13 CH 17921 (2013)(A copy of Judge Cohens
decision is attached hereto as Exhibit A).
7.

The Comptrollers refusal to make monthly payments to legislators constitutes an

unconstitutional change in salary and a violation of the General Assembly Compensation Act. As
in Jorgensen, and Cullerton & Madigan, this Court should invalidate the Comptrollers attempts
to hold hostage the salaries for members of the General Assembly.
8.

The Comptroller lacks legal authority to deny the members of the General

Assembly their salary for a simple reason: the members of the General Assembly are elected by
their constituents to represent their interests. By denying the members of the General Assembly
their salary, the Comptroller is attempting to force the General Assembly to forgo representing
the interests of their constituents and accede to the policy preferences of an executive office that
has no formal role in the legislative process.

9.

If the Comptroller is permitted to unilaterally decide when and how often General

Assembly members receive their salary, the independence of each member of the General
Assembly is threatened. For some legislators their legislative salaries constitute their principal or
only source of income. Accordingly, if the Comptroller were permitted to withhold salaries of
members of the General Assembly, unless and until they acceded to her legislative preferences,
he or she would use that power to unconstitutionally influence the will of the Legislative Branch.
10.

In this particular instance, the Comptroller has stated that her dispute with the

General Assembly concerns the appropriation process. If the Comptrollers actions are sustained,
there will be no limit to the power the Comptroller could assert over members of the Legislative

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Branch. Future Comptrollers could refuse payment until any policy demands are met to the
Comptrollers satisfaction. Allowing such power to be vested in the Comptroller would
irrevocably alter the separation of powers so carefully crafted by the framers of the Illinois
Constitution of 1970.
11.

By this action, Plaintiffs, elected members of the Illinois General Assembly,

respectfully request this Court declare that the Comptroller is required by the Illinois
Constitution and Illinois law to pay their salaries and the salaries of all other members of the
General Assembly in the full amounts required by law, and in a timely manner. As the
Comptroller lacks discretion to withhold the members salaries, Plaintiffs further request this
Court issue a writ of mandamus ordering the Comptroller to pay legislative salaries forthwith to
remedy that constitutional and statutory violation.
JURISDICTION AND VENUE
12.

Jurisdiction is proper pursuant to Section 2-701 of the Illinois Code of Civil

Procedure, 735 ILCS 5/2-701, because an actual controversy exists between Plaintiffs and

Defendants involving the application of the Illinois Constitution of 1970 and Illinois state law.
This Court also has jurisdiction pursuant to Section 14-101 of the Illinois Code of Civil
Procedure because Plaintiffs seeks a writ of mandamus seeking an order compelling the
Comptroller to perform the non-discretionary, ministerial function of issuing salary
disbursements to Plaintiffs and the other legislators.
13.

Venue is proper pursuant to Section 2-101 of the Illinois Code of Civil Procedure,

735 ILCS 5/2-101, because some or all of the transactions giving rise to this lawsuit took place in
the County of Cook and because the Comptroller maintains a governmental office in the County
of Cook.

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PARTIES
14.

Plaintiff EMANUEL CHRIS WELCH, is the duly elected Representative in the

General Assembly for the 7th Representative District. He is a resident of the County of Cook,
State of Illinois.
15.

Plaintiff ELIZABETH HERNANDEZ, is the duly elected Representative in the

General Assembly for the 24th Representative District. She is a resident of the County of Cook,
State of Illinois.
16.

Plaintiff SYLVANA TABARES, is the duly elected Representative in the General

Assembly for the 21st Representative District. She is a resident of the County of Cook, State of
Illinois.
17.

Plaintiff MARY E. FLOWERS, is the duly elected Representative in the General

Assembly for the 31st Representative District. She is a resident of the County of Cook, State of
Illinois.

18.

Plaintiff KATHERINE CLOONEN, is the duly elected Representative in the

General Assembly for the 79th Representative District. She is a resident of the County of
Kankakee, State of Illinois.
19.

Plaintiff SONYA M. HARPER, is the duly elected Representative in the General

Assembly for the 6th Representative District. She is a resident of the County of Cook, State of
Illinois.
20.

The Defendant Comptroller has refused to issue to each of the plaintiffs his or her

constitutionally protected salary.

21.

Defendant LESLIE GIESLER MUNGER is the Comptroller of the State of

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Illinois and took an oath to uphold and comply with the requirements of the Constitution and
statutes of the State of Illinois, including ordering monthly payments to each legislator for the
full salary to which he or she is entitled by law.
RELEVANT CONSTITUTIONAL AND STATUTORY PROVISIONS
22.

Article II, 1 of the Illinois Constitution of 1970 provides:

Section 1. Separation of Powers
The legislative, executive and judicial branches are separate. No branch shall
exercise powers properly belonging to another.

23.

Article IV, 11 of the Illinois Constitution of 1970 provides:

Section 11. Compensation and Allowances
A member shall receive a salary and allowances as provided by law, but changes in
the salary of a member shall not take effect during the term for which he has been
elected.

24.

Article V, 17 of the Illinois Constitution of 1970 provides:

Section 17. ComptrollerDuties
The Comptroller, in accordance with law, shall maintain the State's central fiscal
accounts, and order payments into and out of the funds held by the Treasurer.

25. Section 1 of the State Officer Salary Payment Act, 15 ILCS 420/1, provides:
All officers of the State shall be paid at least once each month but any officer may be
paid at such more frequent intervals as may be agreed upon by the officer and the
State Comptroller.
26.

Section 1 of the General Assembly Compensation Act, 25 ILCS 115/1, provides

in pertinent part:

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Each member of the General Assembly shall receive an annual salary of $28,000 or
as set by the Compensation Review Board, whichever is greater. . The
compensation provided for in this Section to be paid per year to members of the
General Assembly, including the additional sums payable per year to officers of the
General Assembly shall be paid in 12 equal monthly installments. The first such
installment is payable on January 31, 1977. All subsequent equal monthly
installments are payable on the last working day of the month. A member who has
held office any part of a month is entitled to compensation for an entire month.
FACTS
27.

On Sunday, April 17, 2016, the Comptroller held a press conference announcing

that she would no longer pay monthly salaries to members of the General Assembly (and other
Constitutional officers). Her press release included the following:
Salaries for the states six Constitutional Officers and 177 General Assembly
members total approximately $1.3 million a month, or $15.6 million
annually. The elected leaders are customarily paid on the last day of the
month. Munger noted that her office will still process the vouchers monthly,
but the warrants will then wait in a queue with other payments before being
released when cash is available.
...
It is the right thing to do, Munger said. And if this action helps bring all
sides together to pass a balanced budget and end this unnecessary and
devastating hardship to our state, that is an added benefit. Illinois needs a
balanced budget. It is well past time that we get it done.1

http://illinoiscomptroller.gov/news-portal/munger-we-are-all-in-this-together-we-all-will-wait-inline1/#.WDt0PU32bG4

28.

The Comptroller immediately stopped monthly salary payments. The General

Assembly members have not received their salary for the months of June through the present
date.
29.

Plaintiffs, and all the other members of the General Assembly, will suffer

irreparable injury if the Comptroller is not ordered to pay legislative salaries by this Court.
Plaintiffs are elected members of the Legislative branch and should not be subjected to unlawful
encroachment by the Executive Branch. Every day that passes with legislative salaries unpaid is
a threat to the independence of a co-equal branch of state government. Every day that the
Comptrollers unwarranted intrusion into the Legislative Branch is allowed to stand is a day that

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the separation of powers, so carefully crafted by the framers of the Illinois Constitution of 1970,
is violated.
30.

For these same reasons, Plaintiffs have no adequate remedy at law.

31.

Plaintiffs and all members of the Illinois General Assembly (and all

Constitutional officers) have a right to and are entitled to receive their full monthly salary as
required by the Illinois Constitution and statutes.
COUNT I
Complaint for Declaratory Judgment Based on the Comptrollers
Intentional Violation of the Illinois Constitution, the General Assembly
Compensation Act, and the State Officer Salary Payment Act.
32.

Plaintiff re-asserts and re-alleges paragraphs 1 through 31 as if fully recited

33.

This Court should declare the Comptrollers actions constitute violations of the

herein.

Illinois Constitution, the General Assembly Compensation Act, and the State Officer Salary
Payment Act.

34.

Pursuant to Article IV, Section 11 of the Illinois Constitution of 1970, [a]

member shall receive a salary and allowances as provided by law, but changes in the salary of a
member shall not take effect during the term for which he has been elected. ILL. CONST. 1970,
art. IV, 11.
35.

Salaries for legislators are established as provided by law in the General

Assembly Compensation Act, 25 ILCS 115/1.

36.

The Comptrollers actions have deprived Plaintiffs, and the other members of the

General Assembly, of their right to receive a monthly salary on the last working day of each
month. The Comptrollers actions constitute an unlawful change in the salary of every General

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Assembly member during the term for which he or she has been elected.
37.

The Comptrollers refusal to make monthly payments for the salaries of members

of the Illinois General Assembly violates the Illinois Constitution, the General Assembly
Compensation Act, and the State Officer Salary Payment Act.
WHEREFORE, Plaintiffs pray for the following relief:
(a) That this Court declare that the Comptrollers actions violate Article IV, 11 of the
Illinois Constitution of 1970;
(b) That this Court declare that the Comptrollers actions have led to a change in the
salaries of General Assembly members, in violation of Article IV, 11 of the Illinois
Constitution of 1970;
(c) That this Court declare that the Comptrollers action violate the doctrine of separation
of powers set forth in Article II, Section 2 of the Illinois Constitution of 1970;

(d) That this Court enter an Order declaring that the Comptrollers refusal to pay General
Assembly members the salaries to which they are entitled violates the General
Assembly Compensation Act and the State Officer Salary Payment Act; and
(e) That this Court order such other and further relief as the Court shall deem just.
COUNT II
Petition for a Writ of Mandamus Based on the Comptrollers
Intentional Violation of the Illinois Constitution, the General Assembly
Compensation Act, and the State Officer Salary Payment Act.
38.

Plaintiffs re-assert and re-allege paragraphs 1 through 37 as if fully recited herein.

39.

Plaintiffs are entitled to relief pursuant to the General Assembly Compensation

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Act and the State Officer Salary Payment Act.

40.

The General Assembly Compensation Act, 25 ILCS 115/1, specifically provides

for the amount of salary payable to members of the General Assembly. The Act further provides
that [t]he compensation provided for in this Section to be paid per year to members of the
General Assembly, including the additional sums payable per year to officers of the General
Assembly shall be paid in 12 equal monthly installments which must be paid on the last
working day of each month. Id. (emphasis added).
41.

The Comptroller has a duty to issue statutorily specified monthly payments to

General Assembly members pursuant the General Assembly Compensation Act in a timely
manner. Her duty to issue the payments is both non-discretionary the duty is mandated by the
Constitution and State law and ministerial. Her refusal to do so is a violation of the
Constitution and State law.
WHEREFORE, Plaintiffs respectfully pray for the following relief:
(a)

That this Court declare that the Comptroller has the nondiscretionary duty under
the Illinois Constitution and state law to pay monthly salaries to members of the

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Illinois General Assembly; that Plaintiffs, as members of the General Assembly,

have a clear right to be paid their salaries as provided under the Illinois
Constitution and state law; and that the Comptroller has the duty under the Illinois
Constitution and state law to comply with the requested relief;
(b)

That this Court enter a Writ of Mandamus ordering and directing the Comptroller
to pay members of the Illinois General Assembly the full salaries which have
been withheld and to which they are entitled in accordance with General
Assembly Compensation Act;

(c)

That this Court enter a Writ on Mandamus ordering and directing the Comptroller

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to pay members of the Illinois General Assembly their full monthly salaries on the
last working day of each month as required by the General Assembly
Compensation Act; and
(d)

That this Court order such other and further relief as the Court shall deem just.
Respectfully submitted,

By: /S/ Michael J. Kasper

One of the Attorneys for Plaintiffs
Michael Kasper
Special Asst. Attorney General
222 N. LaSalle St., Suite 300
Chicago, IL 60601-1013
(312) 704-3292
mjkasper60@mac.com
Attorney No. 33837
Richard J. Prendergast
Michael Layden
Richard Prendergast, Ltd.
111 W. Washington, Suite 1100
Chicago, IL 60602
(312) 641-0881

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