October 13, 2026 · 11,513 words · 12 speakers · 72 segments
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Okay, good morning. The hour of 10 a.m. having come and gone, the House Executive Committee shall come to order. We have a number of members online, so Clerk, if you can please call the roll. Before I call the roll, do we want to use the replacement letter that we have for Representative Stevens?
Sure. We have a replacement letter from Leader Tony McComey replacing Permanent Member Ryan Spain with Temporary Member Brad Stevens.
Great. Thank you.
Williams?
Here.
Rita? Rita? Cabello?
Here.
David Smyre? Gordon Booth? Hammond?
Present.
Hernandez?
Here.
Ma?
Here.
Smith?
Present.
Tarver? West?
West is here.
Stevens?
Here.
With that, we have eight members present. With eight members present, we do have a quorum, although it is not necessary for a subject matter hearing only. Today we will be hearing House Bill 5282 to be presented by Leader Buckner. And for those of you who are familiar with this topic, this bill discusses the creation and implementation of a city charter. and I'm, for one, very interested in learning more about the topic, what benefits it would provide to the city, and looking forward to today's discussion. We will go ahead and hear from our witnesses in person, then we will turn to our online witnesses, and then we will open up the floor for questions from committee members. So with that, Leader Buckner, when you're ready.
Thank you, Madam Chair, and thank you to the members of the committee who are here both in person and virtually. and to our witnesses and everyone who has taken some time to be here for this subject matter hearing on House Bill 5282, which is the Municipal Home Rule Charter Act. I want to start by being very clear about what this bill does and what it does not do. This bill does not write a charter for the City of Chicago It does not decide how many older people Chicago should have It does not decide how power should be divided between the mayor and the city council It does not decide what our budget process should look like. It does not dictate ethics rules, public safety policy, labor policy, education policy, or tax policy. What this bill does is much more basic. It creates a lawful process by which the people of Chicago can have a serious conversation about how their city government should be organized and ultimately allows them to decide for themselves. And I believe that that conversation is long overdue. Madam Chair, my bias is going to show here a little bit, but I believe Chicago is the greatest city in the world. We are a city of neighborhoods, institutions, business, labor, universities, faith communities, cultural institutions, and people who care very deeply about this place. But among the 25 largest cities in America, Chicago stands alone in not having a municipal charter. New York has a charter. L.A. has a charter. Philadelphia, Houston, Phoenix, San Antonio. Dallas has a charter. San Diego has a charter. Jacksonville, Fort Worth, San Jose, Austin, Charlotte, Columbus. Chicago is the outlier. And it isn't even an idea that's foreign to Illinois. 34 smaller Illinois municipalities still hold special charters dating back to the 19th century. Places like Cicero, Lake Forest, Mason City, Bloomington, and Cairo. For generations, our governing structure has developed through a combination of state statute, ordinance, court decisions, practice, tradition, and sometimes just the way that things have always been done. And every so often, something happens in Chicago that causes everybody to ask the same questions. Who actually had the authority to do that? Who was supposed to provide oversight? Why was the process designed this way? Why are some powers written down and others are just merely assumed or understood? And why is it so difficult for ordinary Chicagoans to understand where responsibility ends and where it begins? A city charter, in its simplest form, is a constitution for a city. It establishes the basic rules of the road, the structure of the government, the responsibilities of the institutions, the procedures for making major decisions, and the mechanisms for accountability. But I also want to say something very clearly. We're not here because we have a city charter sitting in our desk drawer. There is not a secret document somewhere in Springfield that decides what Chicago government should look like that would defeat the entire purpose of this legislation. Under HB 5282, 10 charter commissioners would be elected by Chicago voters in nonpartisan elections. Those 10 commissioners would select an 11th member to serve as their chair. Those commissioners would then have to establish the subjects they intend to study, identify their research and staffing needs, create a process for public participation, and hold regular public hearings governed by the Open Meetings and FOIA Act. And after all of their work, they would still not have the final word. The people would. Any proposed charter would go before Chicago voters at the November 2030 general election and would take effect only if a majority of voters approve it. So this process has elections on the front end, public participation in the middle and a referendum on the back end. That is intentional It won surprise any of you that I have opinions about Chicago government I sure everybody in this room does But this legislation is built around the idea that the structure of Chicago government should not belong to one mayor one city council one governor one general assembly one civic organization or one generation of political leadership It belongs to the people who live here. And I think one of the things that we have to resist today is the temptation to turn this hearing or this conversation into a debate about every possible provision somebody might one day put into a charter. That is not where we are. Today we are asking a threshold question. Should Chicagoans have a structured, transparent, democratic process to examine their form of government and decide whether they want to adopt a charter? The witnesses here today can help us understand the history, the constitutional framework, the experience of other cities, the strengths and weaknesses of the proposed process, and the decisions we need to think carefully about before this legislation moves. I will leave most of the technical questions and analysis to them, but I hope that the members today will listen with an open mind, because I do not view this as a criticism of Chicago. I view it as an expression of confidence in Chicago, Confidence that almost 3 million people are capable of having a sophisticated conversation about the government that serves them. Confidence that neighborhoods from one end of the city to the other deserve a voice in that conversation. And confidence that a city as important, as complicated, and as consequential as Chicago can take a serious look at the machinery of our democracy and ask whether it is still fit for the century ahead. With that, Madam Chair, I look forward to the testimony.
Okay, thank you for that. Before we go to our first witness, I wanted to confirm that we do have two members that have been unable to answer the roll. Mr. Clerk, can you try Gordon Booth and Rita again? Rita?
Here.
Gordon Booth?
Present.
Okay, thank you. And a reminder to our virtual colleagues that in order to speak, you do need to put your camera on. before we go to our first witness
leader Buckner again this is the first time we've had a hearing on this topic in the General Assembly okay so historic moment today absolutely thank you we'll start then with
Joel Hammernick oh before we do that I apologize
Leader Stevens do we have permission to waive the reading
of the 50 or so witness slips that have been filed as much as it may be fun
yes, you can waive that. If you change your mind, we'll go ahead and read through them, but for now, they're available online.
Okay, thank you for that, and go ahead, Mr. Joel Hamernick, when you're ready.
Good morning. Thank you, Chairman Williams and members of the committee. My name is Joel Hamernick. I'm the executive director of AmoreJust Chicago, and I've been a Woodlawn resident for more than 20 years. I spent the majority of my adult life working in and with community organizations and residents throughout the south and west side of the city. And as you know, Chicago's neighborhoods are full of people working to make this a better city. We believe that they should have a table, a seat at the table, when considering how our city is governed. I've seen the practical solutions that people bring to the table, and often how difficult it is engaging with government while working, building a business, leading an organization, raising a family. We hosting a series of dinners that will reach all 77 community areas and these dinner conversations are all about Chicago future and governance We created an alliance for a more just Chicago because when we got together and first asked ourselves the question what does everyone in Chicago agree about, we landed on one thing. We all love Chicago. Through these efforts, neighbors discuss what a safer, more diverse, equitable, and growing city would mean for people from every community and background. We all have a stake in the future of this great city. At these dinners, we explain what a charter is, why Chicago doesn't have one, what we could do when we reconsider one. And most importantly, we ask, if you could change something about the way that City Hall functions or the way that it relates to your communities, what would you do? And we gather these ideas. The writing of a charter establishes government's basic framework, its authorities, its responsibilities, and its decision-making process. and across the city, the universal reaction we get is astonishment that Chicago doesn't have one. We discuss how deliberative democracy can and should work, opportunities to learn together, weigh options and trade-offs, and help shape decisions and direction. People welcome that possibility. Too often, though, they feel it doesn't describe their current experience with city government. They respond to this with an acknowledgement that it should work this way. This process presents an opportunity in which it could work this way. People want public resources used well and services that work, of course, but they also want their community's experience included in this once-in-a-century opportunity to design the system. They value officials who listen and want participation built into the governance design available in every neighborhood and sustained across each administration. We recognize the charter cannot guarantee perfect outcomes, yet a charter commission would provide a public process to consider how to establish better outcomes for our city. At the Obama Presidential Center gathering that we hosted in June, we had leaders from 40 citywide organizations and representatives of 72 of the 77 community areas present and engaged, and we've got the other five now, too. We hear a shared desire for durable governing foundation, a Chicago that attracts the world to see what efficiency, effectiveness, transparency, inclusion, and accountability really looks like in a city government. It is time for Chicagoans to shape the governing system that meets the need of a modern city with modern tools. HB 5282 would open a charter commission process, with voters ultimately deciding whether to adopt the resulting charter. We expect disagreements in this process. In fact, we invite them. It's the quickest way to good ideas. Our alliance is committed to helping residents learn, deliberate, and contribute throughout the process and find ways to address concerns that we all share about the city. I urge you to advance this proposal and give Chicagoans the opportunity to help shape how their city is governed. Thank you.
Thank you so much. Mr. Ferguson.
Good morning, Chair Williams and members of the committee. My name is Joe Ferguson, President of the Civic Federation, a 132-year-old nonpartisan government research organization focused on promoting good governance and fiscal management. I'm here today to testify in support of HB 5282, also known as the Municipal Government. Home Rule Charter Act. A city charter, as has been mentioned by the prior speakers, is a constitution for a municipal government, a city. It defines how a city's government is structured, which officials are elected or appointed, and what powers they wield, and how they relate and work in interaction with each other. It sets the rules of the game for policy and decision-making in the city. And Chicago is the only major city in the United States without one. And I want to reiterate that point. I'm not saying that Chicago's city constitution is flawed or dysfunctional in some way. I'm saying it doesn't exist. This is not new. In 1954, a Chicago Home Rule Commission constituted of elected officials noted then that Chicago's lack of a municipal charter was an anachronism in the United States. That anachronism has not aged well over the last 72 years. What does it mean for Chicago to have no charter? It means that there is no coherent and forcible structure to the way government works here. Inadequate transparency, factionalist politics, and almost constant fiscal crises are just some of the issues that haunt Chicago. These issues are not unconnected. They are all symptoms of the same disease. Chicago's government is not structured to be accountable to voters. We leave to members of our city council the power to draw their own wards and then manage them, but don't equip them to succeed as legislators governing an entire city. We have essentially zero structural checks and balances on the decisions made by the mayor, who for much of the city's modern history has functioned as the equivalent of both the president or governor and the Speaker of the House. We can tinker with these problems at the margin, providing a little more authority to the City Council here, advocating for a better budget process there, but we won't fix the root cause of Chicago's governance problems unless we undertake a fundamental re-evaluation of the City's governance structures. Establishing a City Charter is the best way to accomplish that. Ultimately, the decision about what to change about Chicago's government will lie with a charter commission with the input of the voters. But I want to provide a few possible examples of what might come of a charter commission so that you understand the potential that a city charter has to better the way that Chicago's government makes decisions and runs. A charter put together and examined by a commission, which this legislation seeks to authorize, might include changing which citywide offices are elected in order to create independent checks and balances on the mayor, such as an elected comptroller or corporation council, providing funding for a quasi-independent professional office of financial analysis for the city council. At the state level, as you all know, the governor has a budget office, but the state legislature you all ably serve has its own commission that provides independent financial analysis. I am sure that many of you find COGFA to be essential during the budget season. The Chicago City Council technically has a wisp of a financial office as well but not with the requisite resources and independence to do the job for a city with a billion budget over 32 employees thousands of contractors a fragile credit rating and crushing long legacy debt and pension obligation That wisp of an office has enough funding for only five staff members and produces just a few reports each year. This means that Chicago City Council's hands are tied behind its back during each budget season. A charter might also, and these are mights, this is for the commission with the inputs of the people to decide, might require additional oversight for long-term concessions. New York City has a commission built into its charter of elected leaders that must review and approve any long-term asset sales. If Chicago had had such a commission in 2009, it might have pumped the brakes on the infamous parking meter deal. But our complete lack of checks and balances led to that deal being waved through by an under-informed council with no capacity, legal right to the information and analytical capabilities needed to vet, score, and understand that deal. And the city is still paying for it and will for decades. There are many more changes that a commission could make, but in order to be transparent and legitimate, those decisions should be up to the people of Chicago. That is why this legislation calls for the election of a commission that will be charged with drafting a city charter, followed by a ballot referendum, as required by the Illinois state constitution, to allow voters the option to approve or reject the charter commission's draft. Under this bill, decisions on how Chicago's government works will rest exactly where they should, with the people of Chicago. There are two things that most people do not like. The way things are and change. At the city, region, and state level, we all know that the way things are, particularly in the city, is no longer sustainable. So we have no choice but to change. A charter itself will directly change nothing at the policy level, but it will change everything by providing structures, principles and processes to guide how it is that we go about making the changes that we all know are needed in a way that is transparent, accountable, inclusive of the people and enforceable. This city's government has been dysfunctional for far too long. A charter will not fix every problem that Chicago is facing. But it will give us the tools that we need to start fixing those problems, tools that today we do not even have. I urge you to support this bill and stand ready to answer your questions. Thank you, Madam Chair.
Thank you, Mr. Ferguson. We will now turn to our remote witnesses. There are three in this order. First, Kimberly Nelson, University of North Carolina, Chapel Hill. then Michael Ward, Collins Center for Public Management, UMass Boston, and finally Carla Fuentes, LA City Charter Reform Commission. If you're ready, Ms. Nelson, please go ahead.
Good morning, and thank you for the opportunity to speak today. My name is Kimberly Nelson. I'm the Coates Distinguished Professor of Public Administration and Government and the Director of the Division of Public Leadership and Governance at the University of North Carolina School of Government. My research and professional work focus on local government management, local government corruption government structure and government performance I regularly advise local governments and charter commissions around the country on questions of organizational design and I've served on the steering committee for the latest revision of the National Civic League's Model City Charter. I'm here today to discuss the importance of modern, clear, and accessible municipal charters. A municipal charter is a city's foundational governing document. It It establishes how authority is distributed, how decisions are made, and how residents and government officials interact with one another. As communities grow and change, governing structure can become increasingly complex and difficult for residents to understand. A well-designed charter provides greater clarity about how local government operates and who is responsible for key decisions. Operating under a locally developed municipal charter, rather than relying primarily on state statutes as its governing framework, would provide several important benefits for the city of Chicago. First, a clear and current charter promotes transparency and public engagement. Residents should be able to understand how their government works, who is responsible for key decisions, and where to direct questions or concerns. When governing provisions are difficult to locate, understand, or navigate, they can create barriers to meaningful civic participation. A charter then helps residents engage more effectively with their local government and better understand government operations. Second, a municipal charter can reduce the administrative burden on both residents and local government staff. Ambiguous provisions can create confusion about duties, reporting relationships, and decision-making authority. A clear governing document improves efficiency by reducing uncertainty and making government structures easier to understand and administer. While Chicago doesn't currently operate under municipal charter, experiences from cities across the country illustrate the value of creating a single comprehensive governing document. Municipal governing structures that develop over time through statutes, ordinances, and incremental changes can become difficult for residents and officials to navigate. The opportunity to develop a comprehensive charter allows the community to create a coherent document that reflects how the government operates today and clearly communicates its structure and processes to the public. Third, a municipal charter can enhance accountability. Effective governance depends on residents being able to identify who is responsible for the decisions and outcomes of their government. A charter can clearly define the roles and responsibilities of elected officials, appointed officials, and professional managers. This clarity strengthens oversight, supports ethical governance, and helps maintain public trust. Finally, adopting a municipal charter allows communities to design governing structures that reflect contemporary expectations for transparency, accountability, and effective service delivery. Local governments today face increasing complexity in financial management, economic development, public engagement, technology, and intergovernmental collaboration. A charter provides a framework that can clearly define responsibilities and support effective governance as communities confront these challenges. Importantly, adopting a charter is not about advancing a particular political agenda or favoring one governing structure over another. It is about ensuring that the structure a community chooses is clearly defined, transparent, understandable to residents, and capable of supporting effective governance. The legislation under consideration recognizes the value of giving Chicago residents the opportunity to develop and adopt a municipal charter tailored to the city unique governance needs Based on my research and experience working with local governments across the country I believe communities are best served when residents have access to governing documents that are transparent, coherent, and easy to understand. For those reasons, I encourage your consideration of this legislation and appreciate your attention to the important role a municipal charter can play in strengthening local governance in Chicago. Thank you for your time and consideration.
Thank you for your testimony today. Next up, Michael Ward.
Thank you, Chairwoman Williams, members of the Executive Committee. My name is Michael Ward. I'm the Director of the Collins Center for Public Management, which is a public service unit at the University of Massachusetts, Boston. Our center provides technical assistance on governance and management issues to municipalities in Massachusetts and across New England. I spent a great deal of my time at the Centre managing our charter team and working directly on charter projects for a wide range of Massachusetts municipalities. Before I talk about the benefits of having a charter, I do want to briefly address why I believe it's good for the residents of Chicago to have a chance to decide whether they want to review their form of government. I'll give you two reasons, one philosophical and one practical. On the philosophical side, as I sometimes suggest to communities considering a charter, Thomas Jefferson argued it should be a fundamental principle of governing that no generation should be able to define the government for future generations, and that each generation should be able to choose its own laws and form of government. The current generation of Chicago residents may in fact decide they're content with the broad form and structure of their local government, but giving them the choice in and of itself is an important principle of local self-governance. On the practical side, there's real value in going through a charter process regardless of what the final form looks like. A well-designed and well-facilitated charter process is a big-picture systemic look at what is working and what could improve the long-term functioning of the city. It's a chance for a group to step outside the day-to-day issues and fights to set a broad vision for the city and to think about whether or not changes are needed to the fundamental structure to achieve that vision. Beyond that, a well-run charter process actually becomes a public education process. The public learns more about its local government and new people and new groups often take an interest. There's great value in the civic engagement gains that can come from the process itself. It can also be educational for city officials themselves. Issues will likely be surfaced in a way that leads the city to consider changes outside of the charter process. I'll give you an example from a small city I worked closely with a few years ago. Some officials knew there were frustrations with how the city communicated with residents. But the charter process revealed this was not a small frustration, but a core challenge that affected operations and services in a wide variety of ways. That led the city to develop and implement its first 311 system completely outside of the charter process. Without the charter review, it is unlikely city officials would have understood the problem in the way they came to understand it and would not have become the priority that it did. So in short, the charter process itself can lead to positive changes that actually have nothing to do with the charter itself. So those are some of the things that I see as the value of a charter process. Now I'd like to talk about what I see as the value of the charter itself. And there are many reasons I think it's valuable, but I'd like to focus on three. Clarity, consistency, and change. The first reason is clarity, and Professor Nelson spoke eloquently on this just a few moments ago, but I'll just add to it that a charter can and should provide a single, clear solution. source of truth that public officials, residents, and others can access and understand. I see too many municipalities here in New England whose structure and key processes are hard to find and hard to understand. The lack of clarity leads to disputes, it reinforces inequality, and it reduces trust in government. The foundational governing document of an organization should be easy to find and easy to understand. The second reason is consistency. As a municipal constitution, the charter should set out in broad strokes how the various pieces operate so that people can make long-term plans based on an understanding that the basics will be stable. The charter should not get too deep into specifics, but it should provide the foundational ground rules. It should be amendable, but not too easily. This consistency makes the charter a stabilizing factor in local government operations and for the community. The last reason I want to mention is change. And what I mean by this is that even as a modern charter provides consistency, it also provides mechanisms for the municipality to adapt to the ever-accelerating changes that we see in the world around us. And there are a bunch of ways, but I just want to name two. First, and most directly, modern charters nearly always include their own built-in periodic review mechanisms, often 10 years. A built-in review creates a maximum amount of time that can go by without the charter being reviewed and creates a clear and consistent process for that review. With this in place, a city won't go a century before having a discussion like the one that you are having now. Second, many charters include citizen participation mechanisms like referendum, initiative petition, and recall. And these provide additional ways that the city can adapt to a changing world. So there are more I could get into, but those are the three I really wanted to draw focus to, clarity, consistency, and change. And I'd like to conclude by raising a very common question that I've seen opponents of charter processes ask in the work that we do. Why do we need to do this now? Or put another way, if it isn't broken, why try to fix it? And this is a very important question. The world is so busy right now. There are so many issues and challenges that we all could be focusing on. Why do this now? And my answer to that is you fix the roof while the sun is shining. It's precisely because things don't seem so bad that now is the time to do this. If you wait until something breaks, if you wait until a storm arrives, then not only will you be forced to make changes while dealing with the immediate problems, but the changes you make will be driven by and focused on the immediate problems, rather than the more systemic and forward-looking approach that you can take now. So if the sun is shining, or even if it's a little gray, then I would suggest that this is the ideal time for the city to begin a process like the one you are contemplating today. Thank you for your time, and I'm happy to answer any questions at the end.
Okay, thank you. And then we will go to our final remote witness, Ms. Fuentes.
Hi, good morning, Chair and members of the committee. Thank you for the opportunity to testify. My name is Carla Fuentes, and I served as a commissioner on the Los Angeles City Charter Reform Commission. And I'm joining you today not to tell Chicago what would ultimately be in its charter, but to share a few lessons from having recently gone through a major charter reform process in another large American city. One of the biggest lessons I took from that experience is that a city charter is, in many ways, a city's values translated into the rules of government. It determines who has power how that power is checked how decisions are made and how residents can participate In Los Angeles we described our city charter as our city basic rulebook one that will outlast any individual mayor council member or commissioner So before a commission debates individual provisions, I think it should be clear about two things. What values should guide this work and how will the public meaningfully participate in answering that question. In Los Angeles, public engagement ultimately became a significant part of our process. We held 52 public meetings, town halls across all 15 of our council districts, supported grassroots outreach, heard expert testimony, partnered on civic assemblies, and received thousands of pages of written public comment. But the most important measure of public engagement is not simply how many meetings you hold, it is whether that participation can actually shape the work. Throughout our process, residents and community organizations raised issues, perspectives, and priorities that were not necessarily at the center of our conversation when we began. As commissioners, we had to be willing to listen, revisit our assumptions, and allow that input to inform what we ultimately considered and recommended. That experience reinforced for me that public engagement has to be capable of shaping the agenda, not simply responding to it. And if residents can only comment after the scope and solutions have already been decided, that is a much more limited form of participation. I therefore think that Chicago's approach should get something important very right, establishing an initial scope so the commission has direction while still allowing commissioners to take up additional structural topics through a public vote as the process develops. The second lesson is commission independence. Commissioners need resources, but they also need meaningful authority over the people and institutions advising them. In Los Angeles, questions arose about staffing, legal counsel, and whether a commission could independently obtain legal advice, including while we were considering reforms involving the city attorney's office itself. If the commission is being asked to evaluate the structure of an existing government, it should not be wholly dependent on those same institutions to tell it what it can and cannot do. That is why I would strongly encourage you all to preserve the provisions allowing Chicago's commission to hire its own staff and council. I would also encourage the commission to adopt transparency safeguards early, including clear rules around ex parte communications. Commissioners will naturally and should hear from elected officials, departments, advocates, labor, community organizations, and many others. That question is whether the public can see who is influencing the process. Third, commissioners need a clear understanding of what belongs in the charter and what does not. A charter cannot solve every policy problem, of course, facing a city. In Los Angeles, some of the most complicated conversations involved civil service, personnel, and other areas where structural reform intersects with departments, existing laws, as well as labor agreements. Our own final report ultimately recommended that future civil service reform be undertaken in partnership with the city's labor organizations. My lesson from that was simple. Bring the people who understand and will be affected by a system to the table early and distinguish between foundational governance and policymaking. Chicago proposal makes that distinction by allowing the commission to address governmental structure powers budgeting elections ethics and oversight while excluding substantive policy outcomes And lastly, I would just encourage you to pay very close attention to what happens after the commission finishes its work. Some of our recommendations survived that process relatively intact. We recommended a formal capital improvement plan and a two-year budget cycle so Los Angeles could plan beyond one fiscal year at a time. Both concepts are now included in Measure LA before our voters this November. But we also saw the limitations of not having a direct path to our voters. Our commission was created in the wake of a major crisis of public trust. And we recommended significant ethics and accountability reforms, including stronger independent oversight and independent legal counsel. Yet we could not submit our own recommendations directly to voters. They first went through our city council. By the time the ethics package reached the ballot as Measure EE, it contained some of that accountability work. but it also had been combined with provisions that included reducing the charter requirement for council meetings from three weeks per day to just one week per day, and increasing the signature threshold for a citizen referendum. And I mentioned that not to debate those provisions today, but because it taught me an important lesson about process design. Decide who controls the final product before anyone knows which recommendations they will agree or disagree with. That is another feature of the Chicago proposal that I would strongly protect. The commission would draft the charter, approve the ballot language, and submit its work directly to voters at a general election. Chicago will ultimately create a process that fits Chicago. But from my experience in Los Angeles, I would encourage you all to protect four things from the outset, those being meaningful public participation, commission independence, a clear but adaptable scope, and of course, a direct and transparent path to the voters. If those pieces are designed well, the process itself can begin building that public trust that a charter is ultimately supposed to protect. Thank you all, and happy to answer any questions as well.
Okay, thank you for your testimony today. Do we have any members seeking recognition? Leader Ma?
Thank you for all of your testimony. This is a fascinating topic, and I look forward to really delving into things. But there's been a lot of discussion today about other cities having a charter and Chicago not having one. And yet my understanding is that a lot of the elements that appear in a city charter already exist in city ordinance or state law. And so I'm wondering, you know, what specifically is missing in Chicago that that other cities have? and what is the benefit of going through what seems like a creation of many more layers of bureaucracy to create something that already exists. I MEAN I HEARD THE COMMENT THAT THIS WILL ADDRESS FACTIONAL POLITICS AND STREAMLINE THE BUDGET PROCESS BUT THE CITY factional politics and streamline the budget process but the City Council Budget Office was created by ordinance and so you know couldn't we just beef that up by amending the ordinance so you know just some some thoughts on you You know, why would we go through this elaborate process to create something that already exists and can be amended, you know, either at the state or through city ordinance? Thank you.
All great questions and pretty foundational to what is a foundational exercise. And I'm not sure I'm going to capture every single one of them, so I'm going to sweep large to begin with. So first off, the observation that many of the features of what would be in a charter actually exist in various forms, and Leader Buckner mentioned state law, municipal ordinance, customary practice, absolutely is the case. But there is one broad distinction. And then I'll go to some of the particulars. They're unenforceable. They're simply unenforceable. and it is standard practice in contemporary charters for there to be a means of enforcing the requirements set forth by the structures the principles and the actual requirements of process that's not just the budget process that's probably a first generation issue but I'm going to speak to a couple of the things that I think actually will resonate with this particular body in the city Council of Chicago, and I mentioned that in my opening remarks, the mayor is the equivalent of the president and the speaker of the house. Both customary practice and actual rules have the mayor and the law have the mayor presiding over the council, have essentially the parliamentarian being the corporation council who is selected by the mayor on the subject of the corporation council. The corporation council represents both the mayor and the city council. That is almost always operating as a conflict of interest that under professional rules, there's an exception if the conflict is actually something that is legislated. So the council doesn't have its own lawyer. The council cannot unilaterally and independently utilize legal counsel to take action to respond to a mayor and an executive branch that is not responsive and engaging in the way that the council needs to make fully informed decisions. The council does not have subpoena power. It does not have a right to the information in the possession of the executive branch. It has no means of actually getting that information. And so in significant respect, the city council has to rely upon the kindness of a frenemy when they're in conflict with the mayor. The council that passed the parking meter deal could not get access to the information beyond what a mayor decided. This council, which routinely, on a monthly basis, passes or has proposed before it the approval of settlements in the massive stream and continuing stream of judgments against the city, most particularly with respect to historical police misconduct, does so only on the basis of the information that the city, that the mayor's office decides to provide. This applies across the board. It applies with respect to the budget process. process. The city council does not have, and you mentioned, and it's the Council Office of Financial Analysis, and I'm glad you raised that. It does exist as a matter of law, and in some way it operates as something of a Potemkin village. As I mentioned, a $16 billion budget with thousands of employees and 32,000 plus employees and thousands of contractors that is undertaking introduction and has to decide upon really complex fiscal matters has an office that is funded for five and generally operates with a little less. It simply is not situated and is not situated with the right and access to the information that is necessary to provide independent analysis to serve the understanding of the city council. So there isn't that comprehensive vetting, scoring, and recommendations coming from what you all have in much improved form in the context of COGFA. There is nothing like that that exists. In New York City, there's an independent budget office, which is a quasi-independent fiscal body that scores absolutely every piece of legislation with major fiscal impact. And many of the smaller pieces of legislation in Chicago need to be understood as having major fiscal impact because the city's financial situation is so precarious, there is no entity that does that. Back to the mayor being the equivalent in the long history, modern history of the city of both the president and the speaker, the legislative oversight committees of the council are essentially chosen almost always by the mayor. So those that conduct oversight of the executive branch are chosen by the principal of the executive branch, the mayor. Historically, when those committees meet and what their agenda is, is significantly influenced by the mayor as the presiding officer of the council, having selected those heads. Those heads tend to be allies of the mayor. And this is not about opposition. This is about the critical engagement and tension that's necessary to actually elevate understanding, elevate the actual analysis that's needed for a collective engagement between the executive branch and the legislature to make better decisions on behalf of all. and the behalf of all is really critically important. And so the council lacks a lot of these things. Could it legislate for itself? There's a couple of other oddities that exist in the committee structures themselves. There's no rules regarding the professionalism and the standards for those that are in these oversight committees. That doesn't mean that there aren't very good expert people. But what tends to happen is they don't operate for the benefit of the council and the body as a whole in the service of coming to an understanding of what would best serve the city as a whole. A lot of these are patronage hiring, basically, without the requisite professionalism that you would want in order to develop that understanding of complex areas, whether it's transportation, finance, budgeting, environment, so many other things. There are no requirements. All of these things are baked into the foundational requirements in cities across the country to make sure there is professionalism and expertise that elevate that decision And with respect to enforceability it is routine in the city of Chicago for the city council to call a hearing on an issue of great concern. We had a whole cycle for some years in which there was a city council directed request for a hearing to meet with the head of the CTA, which the city provides significant funding to. Most of the time, the head of the CTA didn't respond. Just a few weeks ago, the city council called a hearing seeking testimony from World Business Chicago and members of the mayor's office to discuss a matter that was an ethics issue of some concern to them. Nobody came. They don't have the power to enforce appearances, and there is no obligation as exists across the country through constitutions which can't be changed on the fly and which can't be ignored that include a requirement that the executive branch actually cooperate and all of its officials cooperate with the city council and obviously within within propriety and bounds to serve particular purposes but none of that exists here none of it and there there is you know customary practices and there are provisions here and there that you're absolutely right seem to mirror what would go into a constitution but they're not quite often actually operationalized and they're certainly not enforceable that is why a constitution a charter which is a higher form of law becomes something that renders them enforceable in ways that render them predictable not just for a city council but for the city as a whole all officials and for the public i'll just add very quickly thank you for that question leader i think it is probably the seminal question that folks are going to ask about why we need to do this in the first place i would just remind people and joe talked about this a little bit earlier when you look at the deal in december of 08 where the city sold our parking meters that we're still trying to find a way out from the city council voted 40 to five, I think, for that with five of the members abstaining. And the inspector general later said that they did not have enough information to fully make that decision. I'm not saying that a city charter would have stopped that from happening, but what it would have done is put into place some rules and processes where you have to go through these things when you're making these big financial decisions. There are other things like the 2004 leasing of the Chicago Skyway that also fall in that category. And I will remind folks that twice in 2008 and 2013, under two different mayors, Chicago attempted to sell Midway Airport to private investors. All of these type of things can be avoided, or at least a process can be created to make sure that we don't make the mistakes of the past. And so to your point, we do have tradition, court rulings, custom ordinances, ordinances, the things that we do in Springfield that have served in these roles. But I would just simply say that my point is just because you have a transmission over here and a muffler over here and wheels over here does not mean you have a car. And right now we do not have a working vehicle. As always, away with words.
We also have Leader Hammond seeking recognition.
Thank you, Madam Chair. Just a couple of questions if you'll indulge me. They're all pretty simple. Did I understand Leader Buckner in your introduction that there is going to be an opportunity before this would be on a ballot that there would be an opportunity for some informational meetings, opportunities for people to hear about the charter and what it would do?
Yeah, there's the opportunity for many kind of robust public processes here, Leader Hammond, including obviously the voting on the commission. All the commission's work is public, and they have to talk about, define the scope of what they are looking to do and what is in their wheelhouse. Then there is public process post that, and then there's a referendum at the end of the day that decides how things move forward. So there are a number of junctures for very robust and aggressive public participation here.
Okay. And these commissioners, what would be their length of service when they were elected?
Mr. Ferguson?
It would be the duration of the commission itself. And so there is something of at least as presented here today and in hopefully further process. The way that this would work as a matter of chronology is hopefully the General Assembly passes the charter enabling law. And a requirement under the Constitution and state law is that the election of a commission, which would actually map over the existing districts that were devised with great consideration for the Chicago public schools so that they would be geographically diverse, that election would be the next general election, which is November of 28. And then within the first 60 days of the first meeting of that commission, approximately February 2029, the commission would adopt an initial scope resolution, setting its topics, staffing needs, and public input process. And, of course, that scope is itself delimited by the legislation itself. This is about process. This is about players. This is about principles. But it's not about policy. That is not what the commission does. um 2029 to 2030 drafting in public hearings with 10 days notice for each and open meetings act rules the commission writes the ballot question coming out of that process and leader buckner mentioned um in response to the question of public input um in the the national civic league is the bible for how to go about this they are on their ninth and maybe approaching the 10th model charter which is not a check the box thing it's as much a matter of sort of principles and parameters that sets out categories but also on their sixth guide to charter commissions this is going back a century and so we're not writing a playbook the commission would not be writing its own playbook it would be guided by best practices that exist nationally and then it goes about that business It has been the case and certainly the case in every major city in the United States that's undergone a start from scratch to an amendment commission to an amendment commission is there is a requirement pursuant to the National Civic League's parameters and principles that there be deep engagement of public participation. and I think the experts actually can speak to this very directly both experientially and as a matter of principle But in a place like New York City which undertook a thorough restructuring of its government in the late 80s to around 1990 there were literally hundreds of community hearings that were presided over by the commission, With the requirement of feedback loops that Commissioner Fuentes from Los Angeles mentioned with respect to Los Angeles, it's not simply an allowance for voice, as too often public participation ends up being. There's actually a requirement that the information and the perspectives that are gained from that participation be folded back and accounted for by the commission itself and how it factored into its decisions so that this is actually something that reflects the input of the people themselves. And then on the backside of this, if this is done and the prompt here is is how long the commission sits. They do their work by 2030. The November 2030 general election would be the presentation of the referendum by law. The commission is sunsetted and therefore the commissioner's positions are sunsetted with the termination or the conclusion of their work. One of the things that will be done by that commission as the inaugural commission would be to set some of the parameters for future referenda or future amendment commissions. One thing that was mentioned, I think, by Michael Ward out in New England is the requirement built into charters that on a periodic basis there be the question of whether it is time for there to be an amendment commission to actually examine, reassess how well things are working, how conditions have changed that require some major additional changes in the existing foundational structure. But here, back to the original question, all of this is done in the two-year period from after the general election in November 2028 until the commission does its work. The commission is supposed to do its work as specified in the law here in time for the 2030 general election at which a referendum would be presented, at which point the commission and its members actually have their terms sunsetted.
So that was my final question, Mr. Ferguson, on what would be required if there needed to be tweaks or changes to what was originally put in place. And maybe for many of the witnesses, having witnessed the need to go through that process, does it become onerous or is it fairly smooth?
Would someone else like to weigh in in response to Leader Hammond's question? that's been through the process? Any of our virtual witnesses?
I can speak to that. Great. I've worked with Portland and Dallas and San Jose recently. Yes, so Portland's would probably be most analogous to what Chicago is trying to do because Portland completely reformulated their government and their very big city. And they did, after the referendum was passed, they did have to have a committee convened to help figure out and sort of tweak the system that was passed. And so there were quite a few changes, actually, that came about as they were re-referenced. actually trying to make the new form of government work. And so I don't think it's uncommon to see some of that work after the referendum. So the referendum, the charter goes into place, but you still have to make the form of government work in practice. And especially if it's a brand new form of government, not something that's modeled after the model city charter. As Portland's was, Portland's is a hybrid type of government. They had to definitely do a lot of work post-referendum. Thank you for that. Thank you, Madam Chair.
Leader Hammond, does that conclude your questions? Yes, thank you very much. Great. Are any other committee members seeking recognition? If not, I have a few questions I can ask. Okay, I'll go ahead then. This whole, and Cam, thank you so much for bringing this to the attention of the committee and all of you for testifying today. The first I heard of this was maybe two or three years ago when I had a little open house in my office and a gentleman came and pitched me on the idea. He's now going to be a county commissioner in Cook County, Drake Warren. So it's really relatively a new topic for me as well. But it's very academic and abstract sounding when we're talking about it today. Some very smart people talking about it in a very, very high level way. But for a regular Chicagoan, and maybe Cam, you're the right person. If you're arguing to a regular Chicagoan why we need this, what would you say to a regular person on the street?
Thank you for that, Madam Chair. I think the simplest answer here is that city government in this town needs a blueprint and a roadmap. I think both Joel and Joe both laid out some very important things, reasons on why this makes sense. But literally, I was having a conversation with my godson the other day explaining to him from a civics perspective the separation of powers and government. All right. Joe brought this up a couple of times. There is no there are not other many other workable, functional governments in the world where the head of the executive branch also is the presiding officer of the legislative branch. if for no other reason that the things that we learned as young people in civics don't exist in the building across the street by no fault of anyone who's there right now just because of custom you know that is a a huge problem when you talk to folks around this city who want to know who's in charge where the rule making authority comes from we cannot answer that question clearly and so when you think about the fact that clarity is kindness we don't have a clear government right now. And so whether you live in Logan Square or Edgewater or Roseland or Bronzeville, you want to know who's working for you. You want to know what they have the authority and the capabilities to do. This, once again, streamlines all of those things, puts them in one place. But more importantly, this isn't people in Springfield or City Hall or in this room deciding what the future looks like for people in Chicago. It's giving the people of Chicago an opportunity to have some say-so about what the future of government and democracy looks like in their city. And to me, there is no better reason to do this other than streamlining processes and cutting back on waste and all of those things, but to give the people a true voice in the future of their city.
Okay, and Mr. Ferguson, would you want to weigh in?
Very briefly in addition we all know the stories of things that haven gone well and decisions that have been made in Chicago And I think for the average person understanding a charter as simply guardrails and lane dividers on the highway we have to all travel on together with some basic rules of the road that allow for reasonable expectations and understanding of everybody, of how it is that we're going to go about this process. But at this particular moment, whether it's budget accounting standards, whether it's a requirement of a supermajority for purposes of major debt issuance approvals, whether it is a requirement of a referendum for the sell-off or the leasing of a major asset that belongs to the people, these things are guardrails. And so if the baseline for government, and this shouldn't be the baseline, the aspiration should be higher, is do no harm, a charter would do a much better job of assuring that further harm is not done than the system that we have now.
That's helpful. And to kind of along those lines, you know, democracy, one of the best parts of it, but also the most challenging parts of it, is the incredible diversity you're going to get in a legislative body or in a group of people. Aren't we just, and this is a kind of a devil's advocate, provocative question, but can't we resolve much of this through the electoral process? Kind of what Leader Ma was saying, the creation of a budget office, maybe more ethics, a robust system, beefing up the supports for the legislative body. Could that be accomplished and it's just not being accomplished? Would your argument be we need to require that and it can't be an option for the current officeholder? Why can this not be solved just by electing the right person,
hypothetically. We've been trying to do that for a long time in America, and we have good periods and we have bad periods. This is probably more a second generation on the subject of Representative Hammond's question, so what happens going forward, whether or not it's a requirement that every five or 10 years there be an amendment commission that's charged, or whether it's a referendum process for smaller changes. New York City does not have a municipal election without there being some referendum that modifies the charter in some very modest way responsive to a specific challenge or constituency desire. So there's big forums and there's lesser forums. But here's what we know in Chicago in particular, and this is about Chicago and And the hope would be that we figure this out for Chicago in a way that actually may have broader application. But this is no longer a city that will have 20-year mayors. This is a city that will have good mayors, better mayors, and not so good mayors. And this is a city where increasingly, as in America, there will be pretty significant swings in the objectives and the orientations of one administration to another, one council to another. And what that really requires is some form of constancy foundation and stability as to how it is that those widely disparate views that will swing over time actually all have to do the core business which is actually the competent operation and probity of running a very very complex polity I thank you Can I just add something real quick to that Madam Chair I think the way we intend for the process to work I would actually say that it is utilizing the electoral process because the people have say-so at a bunch of different junctures here. But the traditional electoral process, right, we campaign, people vote for us, and we go from there. those processes are important, but that determines who governs. What we're trying to do is determine how they govern.
Okay, well said. We also have our witness, Ms. Nelson, who wishes to be recognized.
Yes, I just want to point out that research has solidly determined over many years that structuring institutions and local governance affect performance, In particular, carefully structuring your local government can reduce corruption risk and other performance miscues that we've heard about today. And so I just want to point out that carefully structuring government, particularly making it more professional, will drastically reduce your risk of corruption and low performance.
Thank you. And Mr. Ward, also with a comment.
Yes, thank you. the charter itself are the chance to take the longer term, the systemic issue, and it sort of extracts them from the day-to-day short-term political and policy debates that are always going on in the city. Great. Thank you. I think the other point that just to wrap up my thoughts
is a lot of times some of the reform efforts end up being things that take people farther away from their government. An example might be the call to reduce the number of aldermen, for example. I personally don't support that because people, you want an alderman that's going to be responsive and closer to their constituents. I know, Cam, we work closely on the school board issue, elected school board. There was a lot of discussion about 20 people is too unwieldy, too many people. But again, right now with 20 people, the regular residents of Chicago can access and be closer to the members. So how, from your perspective, or anyone can answer, does this activate the engagement of regular people in their government and give them an opportunity to really be a part and closer to their government instead of, like Leader Ma said, being several levels or layers away? Thank you. Thank you. Obviously, great question.
What we have found as we're out talking to people around the city is that there's frankly a hunger to be involved in substantive conversations about the future of the city. There's a great deal of concern that people have. Those who read the op-eds and follow where we are in pensions and debt are really afraid for the future of the city. Those who live in neighborhoods that have significant development happening nearby but don know how it going to impact them like near the Quantum Park or Project 1901 I think it called on the west side And so having a mechanism to draw people into to step in is something first of all that people are, are, um, uh, extremely interested in, in being involved in understanding how it is that they can be at the table. And what we have found by talking to people who've gone through this process in New York and LA and other places, that the most important thing that we could do in this process is create a way now for people to be involved in the conversation and people from every part of the city, which is why our outreach is both, it's not just geographic, but it's, you know, class and culture and everything else. And creating a mechanism to draw people in to understand how it is they can participate and be a part of forming this kind of a foundational element of the government. We have found that people, honestly, in Chicago, we have a well-worn a well-earned sense of cynicism and even apathy, and it shows up in our current levels of civic engagement. When this topic is put on the table, it is wild to watch people respond to it, to have an opportunity. And one other point that I'd make that just dovetails with what we heard from the experts from out of town, and that is that this process also just generates good ideas, period. Many of these are good ideas that don't belong in a charter, but that's okay. If we're going through this public engagement process to engage people around their ideas, inevitably we find a neighborhood on the far north side that solved some specific problem in their local park that somebody on the south side has just been banging their head against the wall, not trying to figure out. We can cross-pollinate those ideas. So we're seeing, just what these other experts mentioned, some good ideas are really relevant to the idea of charter, accountability, transparency, after the fact evaluation of the impact of policy, not to, not necessarily to like get somebody in trouble for writing bad policy, simply to learn, did it work? Did it not work? How well did it work? These kinds of structures built into the conversation and then ultimately into our governing foundation are things that are, there's just a strong deal of interest across the city.
Great. So supporting our democratic institution, enhancing it is kind of the goal here. So do you have a final thought, Mr. Ferguson? Very quickly to build off of Joel's well-stated remarks.
You can't be an effective advocate without access to the information. You can't get access to the information without knowing where the information is. You can't speak to the right person without knowing how your government is actually working and who is the decision maker and through what processes. A charter provides for the capacity and the ability to elevate all of that to the benefit of the people to be more effective and engage citizens directly with their elected officials so that their elected officials actually in accountability and transparency are critical values to charters everywhere so that the outcomes have greater transparency, are comprehensible, and therefore are legitimate. And that's what this does is it elevates citizen capacity.
Okay, thank you. I see no further people seeking recognition, so I want to once again thank everyone for attending and engaging and providing the very interesting testimony today. I'm sure this will be the first of many conversations. Any final remarks to wrap up, Leader Buckner?
Yes, Madam Chair, once again, thank you for this opportunity. I know you and I have had a number of conversations about this, about the importance of it, and I'm very excited that more and more of our colleagues are beginning to think about what this means for the future of Chicago. just about righting the wrongs of the past. In many ways, this is about the growth and development of a city that has a future ahead of it. Chicago has always found a way to do big things. We built this city on swampland, and when the ground wouldn't cooperate, we decided to raise the streets. And when the river got our people sick, we decided to reverse the flow of it. And 155 years ago this week, in fact, we watched the city burn to the ground. On October 10th of 1871, when the flames went out with more than 17,000 buildings destroyed and 100,000 people left homeless, just three days later, actually today, October 13th, the leaders of this city were already organizing its recovery. Mayor Roswell Mason formally placed the Chicago Relief and Aid Society in charge of recovery on October 13th of 1871. So think about that. The ashes were still warm and Chicago was planning its recovery. It's come back and it's rebuilding, which is huge. Instead of packing up and moving somewhere else, we had the audacity, the arrogance, the mitigated nerve to build this city all over again and to build it better. And so we don just accept the world as we find it in this city We try to find a way to change it right And so for folks that are struggling with this I know this is a hard concept because it different and it's new, but I truly believe that Chicago can figure out a way to do this. Burnham told us not to make any small plans, but without a charter, we don't have the ability to make plans at all. And so if we believe in this city and we trust in the future of it, I believe that this is an opportunity for us to put people at the center and people at the forefront of how we move Chicago along. And so thank you for the opportunity and the attention to this. And I look forward to more robust conversations and hopefully getting some movement.
Absolutely. Thank you. And with that, that concludes our discussion of House Bill 5282. And seeing no further business before the House Executive Committee, we shall stand and recess until the call of the chair. Thank you all. Have a good afternoon.
Thank you. Thank you.