HJ0158 99TH GENERAL ASSEMBLY

HJ0158 LRB099 22429 MLM 49849 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 16, 1991 and closed on December 30, 2015; and

WHEREAS, The State Board of Elections has ordered the Committee for Frank J. Mautino to provide clarification of spending by the political campaign committee; and

WHEREAS, The Illinois Times newspaper in Springfield has reported that a federal grand jury has issued subpoenas to former campaign workers of Auditor General Frank J. Mautino; and

WHEREAS, Auditor General Frank J. Mautino has acknowledged that there is an on-going investigation by the United States Attorney's Office into spending of campaign funds by the Committee for Frank J. Mautino; and

WHEREAS, Auditor General Frank J. Mautino has acknowledged that he is cooperating with the United States Attorney's Office investigation into alleged improprieties involving the Committee for Frank J. Mautino; 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, ethical concerns, and potential conflicts of interest; and

WHEREAS, Auditor General Frank J. Mautino has sought to avoid answering questions from the State Board of Elections by seeking a stay of the State Board of Elections' investigation while the pending federal criminal investigation proceeds; and

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

WHEREAS, Taxpayers deserve an Auditor General beyond reproach who is not the subject of an ongoing federal investigation; 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 NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, 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; and be it further

RESOLVED, 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, ethical concerns and potential conflicts of interest; 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 house, 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 house of the General Assembly pursuant to Section 3 of Article VIII of the Constitution of the State of Illinois, Frank J. Mautino of Spring Valley, Illinois is removed as Auditor General for the State of Illinois immediately.