Ethics commission names acting inspector general

SPRINGFIELD — The Legislative Ethics Commission has appointed David Risley acting legislative inspector general effective the day following the Sept. 30 resignation of his predecessor.

Risley is a former federal prosecutor who briefly served as Gov. Bruce Rauner’s director of public safety policy. He was an investigator in the LIG’s office under Carol Pope and an ethics advisor under Mike McCuskey, who will step down at the end of the month.

Risley has earned $9,700 from the state this year as a contractual worker as of Sept. 15.

McCuskey tendered his resignation to the LEC last week amid growing criticism over his handling of investigations. One lobbyist he interviewed as part of his investigation into allegations of sexual harassment against ex-Rep. Harry Benton, D-Plainfield, said the retired judge “violated the confidence of other victims and me.”

She said McCuskey shared confidential information, including the names of other victims, with her, and took other actions that led her to question McCuskey’s professional judgement.

McCuskey ultimately found Benton engaged in “a pattern and practice of inappropriate sexual conduct,” but the lobbyist sent a letter to the LEC on July 29 saying his final report to the commission regarding Benton contained six inaccuracies.

“The position of Legislative Inspector General is too important to sit vacant, especially in the context of the current moment,” said Rep. Jeff Keicher, the LEC’s chair. “

Keicher, a Republican from Sycamore, said the LEC was won over by Risley’s “extensive investigative and prosecutorial experience,” as well as his familiarity with Illinois’ ethics laws.

“The public’s trust has understandably been shaken by recent events, which is why the Commission has acted swiftly to fill the position to provide a seamless transition,” Keicher said. “We are committed to ensuring the highest ethical standards are enforced and that all complainants, respondents and witnesses are given the due process and consideration they deserve.”

The LEC has set an Oct. 31 deadline for applications to the permanent position. Though Risley could serve until the end of McCuskey’s five-year term, which expires June 30, 2028.

The LIG and ethics reform

The legislative inspector general post sat vacant through much of 2014 into 2017, when ex-House Speaker Michael Madigan’s office became embroiled in a sexual harassment and workplace culture scandal. In that span, more than two dozen complaints were made to the office but not investigated.

In 2017, former federal prosecutor Julie Porter took the job on an interim basis, ultimately becoming a critic of the office and calling it “broken.” She was succeeded full-time by Pope, a retired appellate court judge and state’s attorney.

Pope held the job from 2019 until resigning in January 2022, criticizing the office as a “paper tiger” and saying lawmakers “demonstrated true ethics reform is not a priority” through their inaction in strengthening the office that year.

The law passed at the time stopped lawmakers from lobbying on behalf of municipalities, strengthened financial disclosure requirements and created “revolving door” prohibitions on lawmakers immediately becoming lobbyists.

While it gave the LIG independent authority to launch investigations after a formal complaint is filed, it also restricted those investigations to matters that arise out of government service, not to outside employment.

Republicans and some Democrats are calling for strengthening the office in the upcoming veto session.

House Speaker Emanuel “Chris” Welch, D-Hillside, meanwhile, formed a Democrat-only working group to find legislative solutions to address the workplace culture in the Capitol. Though it is not clear if that will include reforms to the LIG’s office.

McCuskey took office in February 2022, about a month after Pope resigned. The Senate voted along party lines, 37-18 but McCuskey managed to gather some support among House Republicans with a 77-16 margin of approval with 19 “present” votes.

Republicans speaking against the appointment didn’t specifically cite concerns about McCuskey’s background or character, but they rather took issue with the Democratic effort to bypass certain steps in the appointment process.

Records show McCuskey collected $141,000 in salary as of Sept. 15.

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