HJ0083 101ST GENERAL ASSEMBLY

HJ0083 LRB101 14131 MST 62998 r

HOUSE JOINT RESOLUTION

WHEREAS, Section 3 of Article VIII of the Constitution of the State of Illinois provides that the General Assembly, by a vote of three-fifths of the members elected to each house, shall appoint an Auditor General; and

WHEREAS, Section 3 of Article VIII of the Constitution of the State of Illinois provides that the General Assembly, by a vote of three-fifths of the members elected to each house, may remove the Auditor General for cause; and

WHEREAS, The Senate and the House of Representatives adopted Senate Joint Resolution 35 on October 20, 2015 to appoint Frank J. Mautino as Auditor General; and

WHEREAS, Auditor General Frank J. Mautino's term commenced on January 1, 2016 for a term of 10 years; and

WHEREAS, Frank J. Mautino served as chairman of the political committee referred to as the Committee for Frank J. Mautino that was established on September 6, 1999 and closed on December 30, 2015; and

WHEREAS, On August 19, 2019, in Cooke v. Illinois State Board of Elections, et al., the 4th District Appellate Court of the State of Illinois determined that the Committee for Frank J. Mautino had violated paragraphs (2) and (9) of subsection (a) of Section 9-8.10 of the Election Code relating to the improper expenditure of campaign funds for personal use, and remanded the matter to the Illinois State Board of Elections to determine the fine to be imposed for those violations; and

WHEREAS, Auditor General Frank J. Mautino acknowledged over three years ago that there was an ongoing investigation by the United States Attorney's Office into the spending of campaign funds by the Committee for Frank J. Mautino, which investigation is ongoing; and

WHEREAS, Auditor General Frank J. Mautino has repeatedly refused to respond to requests for information submitted by members of the General Assembly regarding allegations of misappropriation of campaign funds and ethical concerns; and

WHEREAS, Auditor General Frank J. Mautino has avoided answering questions from the State Board of Elections, leaving the Board unable to determine whether the Committee for Frank J. Mautino was innocent of the charges brought against it; and

WHEREAS, The investigation by the United States Attorney's Office may not be concluded for months or years; and

WHEREAS, Taxpayers deserve and require an Auditor General beyond reproach who is not the subject of an ongoing federal investigation and who has not committed major campaign finance violations; and

WHEREAS, The ongoing investigations into the Committee for Frank J. Mautino and serious allegations leveled against Frank J. Mautino demonstrate his inability to conduct the Office of Auditor General in an impartial and professional manner; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that Frank J. Mautino has neglected his duty to the General Assembly by refusing to respond to legislative inquiries regarding specific allegations involving misappropriation of campaign funds and ethical concerns; and be it further

RESOLVED, That, pursuant to Section 3 of Article VIII of the Illinois Constitution, Auditor General Frank J. Mautino shall have been afforded due process and the opportunity to appear before each chamber, prior to any vote on removal, to respond to the charges contained in this resolution; and be it further

RESOLVED, That, by the vote of three-fifths of the members elected to each chamber of the General Assembly pursuant to Section 3 of Article VIII of the Constitution of the State of Illinois, Frank J. Mautino is removed as Auditor General for the State of Illinois immediately; and be it further

RESOLVED, That, pursuant to Section 3 of Article VIII of the Illinois Constitution, Frank J. Mautino is to be removed for cause and shall be removed from office as the Auditor General of the State of Illinois.