A look behind the state's revolving-door policy

Just a few days after he first talked with McDonough Associates about a job, former Illinois Tollway chief Brian McPartlin had to recuse himself from signing off on a $1.4 million contract with the engineering firm.

Instead of handling it himself, McPartlin passed the paperwork to his Chief of Staff Dawn Catuara.

I would have loved to have been a fly on the wall. If it had been me, and my editor dumped work on my desk because he was looking for greener pastures, I would have been irate at first, then immediately spread the hot gossip that the boss is leaving.

Unfortunately, the tollway isn't commenting on documents obtained through the Freedom of Information Act on McPartlin's correspondence with the state ethics commission -- the agency empowered with granting waivers to the state's "revolving door" law.

The revolving door policy prohibits departing state workers for one year from taking jobs with firms that got more than $25,000 in government contracts in the last 12 months of their employment. It was meant to usher a new era of confidence in government.

But the reality is most state executives who apply for waivers get them.

McPartlin's letters and e-mails to the commission offer an intriguing look at the ethical tightrope facing government executives seeking employment with government contractors.

On June 19, McPartlin informed Illinois State Toll Highway Authority Chairman John Mitola, he was looking for a job in the private sector. With three kids approaching college age, it was crucial to "make this career move to afford them the opportunity of a college education," his letter says. His salary was $189,000 a year.

A month passed and McPartlin executed a $592,000 contract with McDonough July 17, according to his Sept. 8 petition to the ethics commission. The firm has done more than $30 million of work for the tollway.

Two weeks later, McPartlin talked to McDonough about setting up a meeting with top executive Feroz Nathani, his petition states.

"I am well aware of the restrictions on my employment activities and the prohibition of participating in any work involving the tollway by McDonough," McPartlin wrote to commission Executive Director Chad Fornoff.

"I do not participate personally or substantially in the decision to award contracts, nor do I, or have I, influenced any decision to award contracts. However, I am one of three individuals at the tollway (including Catuara and Mitola) authorized to execute any contract approved by the board."

On Sept. 29, McPartlin revised his original petition, telling Fornoff he recalled talks about employment with McDonough staff began on July 23 and he had a "substantive discussion" with Nathani on Aug. 1.

McPartlin also noted that on July 28, the tollway OK'd a contract paying McDonough $1.4 million in extra costs for construction management services on the Tri-State widening and reconstruction project but that he kept clear of involvement, steering it to Catuara. Her signature is on the contract along with Nathani's, who signed it earlier in June.

"I did not participate personally or substantially in the decision," McPartlin wrote.

Such insouciance raises questions for watchdog groups like the Citizen Advocacy Center and Better Government Association.

"Is the executive director superfluous concerning contracts?" BGA Executive Director Jay Stewart wondered. "That's the tone. If his only one act was to sign contracts after board approval, you might as well get the rubber stamp out."

CAC Executive Director Terry Pastika noted that "it seems he's somewhat hands off, which is somewhat surprising. Ultimately, the executive director is responsible for what happens."

Putting the $1.4 million contract in the hands of Catuara, a subordinate, caught Stewart's attention.

"If the contract is questionable, how much independence does the subordinate have to not to sign it?" he asked. "It's like when

the boss asks you to contribute to the holiday fund or to a campaign fund, how able are you to say no? You're at the wrong end of the power equation."

A better plan might have been to kick the contract upstairs to Mitola, he said.

Both Pastika and Stewart believe the state needs to look at the ethics law and revolving door policy to make sure it's really working.

When McPartlin says he didn't participate personally or substantially in awarding McDonough contracts, he's parroting the exact wording of the law, which lets the ethics commission give waivers in those situations.

"It's boilerplate language," Stewart said. "It's like Mayor Daley is never responsible for contracts. The governor is never responsible for contracts. It's like, 'I'm just the chief executive officer.'" Stewart wants to broaden the policy to ensure that any participation in contracts precludes a waiver.

McPartlin was contacted through his attorney and did not call back. Meanwhile,

his waiver request is in limbo as Illinois Attorney General Lisa Madigan has intervened in the matter and is reviewing it.