Madigan says ex-tollway chief can't work for government contractors

Illinois Attorney General Lisa Madigan wants to block former tollway chief Brian McPartlin from taking a job with an engineering firm that has received more than $30 million in agency contracts.

McPartlin has been offered a job as vice president of McDonough Associates, an engineering and architectural company. Madigan's staff Friday filed an objection to McPartlin's waiver request with the state ethics commission stating he is "either not being forthright about his oversight and involvement in the contracting process or he failed to perform the most basic responsibilities of an executive director."

Representatives of the ethics commission said they would read the recommendations as they consider the waiver request. Their next meeting is Dec. 16.

Messages left with McPartlin's attorney Michael Hayes were not returned, but he previously has said the former Illinois State Toll Highway Authority executive director has complied with the law.

Illinois' "revolving door" policy prohibits state employees from working for contractors they've done more than $25,000 of business with for one year after leaving their government jobs. But the policy stipulates that waivers will be granted by the ethics commission if the former employees can prove they weren't "personally or substantially" involved in awarding the contracts. Most waiver requests are granted.

The state report says McPartlin had close ties to the firm's chairman, James McDonough and received campaign contributions from him while running for Cook County commissioner in 2002. It questions why he appeared never to have investigated accusations of favoritism involving McDonough from a former director. Staff attorneys also suggested that McPartlin never undertook a serious job search and were critical of the fact he does not appear to have a detailed job description from McDonough.

The Daily Herald obtained copies of McPartlin's waiver request through the Freedom of Information Act, which provides the following timeline.

• On June 19, McPartlin wrote tollway Chairman John Mitola saying he was looking for a job in the private sector in order to make more money to pay for his children's college education. His salary was $189,000.

• On July 17, McPartlin executed a supplemental contract with McDonough for $592,513.

• On July 23, McPartlin talked with McDonough representatives about working there.

• On July 28, McPartlin told Chief of Staff Dawn Catuara he was considering a job at McDonough and asked her to execute a $1.4 million supplemental contract with the firm. She signed the paperwork as did McDonough top executive Feroz Nathani.

• On Aug. 1, McPartlin spoke with Nathani about employment.

• On Sept. 8, McPartlin wrote to the ethics board asking for a waiver, saying of his dealings with McDonough, "I do not participate personally or substantially in the decision to award contracts." Of his approving the $592,513 contract, he wrote that at the time he wasn't in contact with McDonough about a job and once he started employment talks with them, he recused himself from any business transactions.

In their report, assistant attorneys general argue that McPartlin did not take the waiver process seriously. They also contend he failed to prove his talks with McDonough began after the $592,000 contract was executed July 17 and that should disqualify his request.

They also contend that as tollway CEO, McPartlin played a vital role in running the operation and overseeing contracts. "If McPartlin is granted a waiver, the revolving door process would be rendered meaningless," the report states.

Officials with the ethics commission and tollway said they could not comment at this time.