SUMMER 1999
INTERN ISSUE
All year long, but especially in the summer, student interns invade
the Citizen Advocacy Center! With their assistance, the Center prints
out more brochures, hosts more workshops, and holds open the doors
of government to more people. Thank you to all of their supporters,
including: The Public Interest Law Initiative, NAPIL, DePaul University
College of Law, New York University College of Law, Notre Dame Law
School, Notre Dame University, University of Florida Law School,
and Chicago-Kent College of Law. Special thanks to the interns themselves:
Christian Collin, Will Conrad, Jennifer Fong, Michael Gerald, Moira
Heiges, Kristina Hiebert, Christopher Jackson, Goud Marajan, Melanie
Maron, Dave Migut, Jeff Perconte, Temperance Walker and Chrystina
Zelaskiewicz-.
--The Center
BREAD & BUTTER OF POLITICS
I devoted my summer as a CAC intern to investigating procurement
policy in DuPage County. Procurement is the process by which government
agencies enter into contracts with the private sector to purchase
goods, services and construction. Procurement has been called the
"bread and butter of politics" because it affords politicians the
opportunity to use taxpayer funds to reward political supporters.
Undefined or unfollowed procurement policies are particularly vulnerable
to corruption, and the CAC determined that procurement policies
at all levels of government should be investigated. My work has
focused on researching the rules of the procurement process, which
individualsare involved, and what their responsibilities are. I
learned that although many laws exist to regulate procurement, many
informal steps are not regulated. I read statutory materials, interviewed
numerous DuPage officials involved in procurement, and attended
Board and Committee Meetings where contracts are negotiated and
awarded. I began developing statutory interpretation skills this
summer while comparing the Illinois Procurement Act, the Local Professional
Services Selection Act, the Illinois Administrative Code, and the
recently enacted DuPage County Purchasing Ordinance. While the research
has been challenging, it has been useful training for the future
practice of the law. My research constitutes the first steps toward
understanding procurement in DuPage County. The information I have
obtained will shed light on how our elected officials allocate taxpayer
funds to purchase goods and services.
--Legal Intern,Christian Collin DePaul University College
of Law
POLITICS OF GAMBLING & "FOIA" MEETS THE CIA
My summer projects involved legal gambling issues and obtaining
information from the Central Intelligence Agency (CIA) under the
Freedom of Information Act (FOIA). Using newspaper articles and
copies of then-pending Illinois legislation, I prepared for a July
9, 1999 Brown Bag Lunch discussion of legal gambling. The National
Gambling Impact Study Commission (NGISC) had recently released the
results of its two-year study that presented recommendations concerning
the future of legal gambling in America. The study revealed sobering
facts about the increasing numbers of teenage gamblers and pathological
gamblers. The new state law expanded casino gambling into Cook County
and gave millions of dollars to the horse racing industry. Passage
of the legislation was facilitated by millions of dollars in contributions
from gambling interests to legislators and Governor Ryan. I created
a bulletin on the CIA and the FOIA for my second project. I extracted
key terms and information on the CIA's search process from over
400 pages of deposition testimony taken in 1998 from Lee S. Strickland-
Chief, Information Review Group, Office of Information Management
of the CIA. I combined information found in the depositions with
information from a book, Litigation under the Federal Open Government
Laws, edited by Allan Adler, and constructed a process to facilitate
requests for information from the CIA. I also reviewed the FOIA
(5 U.S.C. § 552), and the CIA Act of 1984 (50 U.S.C. § 431) for
guidance on limitations within the law. Completing these assignments
has enhanced my self-confidence, while at the same time inspiring
humility. My summer in Illinois will continue to contribute to my
improvement long after I arrive back at law school in Florida.
--Legal Intern-Christopher Jackson University of Florida
Law School
ONE HAIR TELLS ALL
I interned at the CAC to gain legal experience and to maintain
and improve my research and organizational skills. I have not been
disappointed. My project involved genetic testing and a Brown Bag
Lunch I hosted August 13, 1999. Current and future genetic research
and testing will have an astounding and beneficial impact on human
health and medical practices. Benefits of genetic testing include
couples being able to give birth to healthy children as a result
of prenatal genetic testing and law enforcement officials for whom
DNA testing has helped match 450 criminals to their committed crimes.
Despite these benefits, many dangers accompany new scientific technologies
and advancements. I read articles voicing the public's concern about
"genetic discrimination" as genetic technologies improve and genetic
testing becomes more popular. Genetic discrimination occurs when
healthy individuals undergo genetic testing and the test results
show a predisposition to a certain disease. As a result, some health
insurers and employers may not want to take on the risk of covering
or employing these individuals, even though they have no disease
symptoms. So far, there are at least 200 documented cases of genetic
discrimination occurring in this country. In addition to genetic
testing research, I helped prepare for the Suburban Civic Fair held
in Villa Park on July 10, 1999. Seeing members of the community
join together for this event gave me a true sense of how a little
bit of effort from everyone goes a very long way. I am glad that
I have come to the CAC and received these experiences.
--Intern-Jennifer Fong Kenyon College
DEMOCRACY IN the CLASSROOM and ON-LINE
I spent the first half of my summer at the CAC helping to organize
the Suburban Civic Fair by making phone calls to potential participants,
making fliers, signs, and the participant directory. After hearing
Ralph Nader speak at the Fair, I began to organize a list of ways
to teach democracy in the classroom at all age levels. For example,
schools could hold town meetings once a month to give students the
opportunity to air their grievances about school policies or other
local issues and then vote on those issues in student-operated voting
booths. In addition to these projects, I researched Illinois' newly
enacted Electronic Commerce Security Act. The Act grants encrypted
digital signatures the same legal status as ink-on-paper signatures
for people doing business in Illinois. The question I researched
was whether the provisions of this Act could also apply to citizen-collected
petitions. The Illinois Election Code still retains a provision
requiring a person collecting signatures for a petition to be "present"
when the petition is signed. The Election Code could be amended
to grant state agencies the power to accept digitally signed petitions
to facilitate the collection of signatures or petition making. No
reason exists to grant electronic liberties to the commercial sector
and not to the democratic sector. With my project, the Center continues
to research making access to the ballot easier for all.
--Legal Intern-Melanie Maron Chicago Kent College of Law
A SUMMER OF VARIETY
I worked on several projects this summer and quickly learned what
it means to be an active citizen. Nine days after starting work
I participated in my first protest. We were concerned that Liberty
Group Publishing, which had bought the community newspapers published
by Press Publications, was making changes to increase profits, in
part by cutting the opinion-editorial page and replacing text with
advertisements. Across the county, information provided to residents
in their local papers is being consolidated by aggressive media
outlets more concerned with revenues than news. Liberty Group Publishing
now owns Press Publications, Life Printing & Publishing Co., the
Press-Republican Group and other community newspapers. Its suburban
circulation is now over 200,000. Although the Chicago Sun Times
and the Chicago Tribune each devote a section to suburban news,
the coverage will never be as in-depth as that found in a paper
dedicated specifically to one community. As we marched in front
of Press Publications, we carried signs and chanted: WE WANT WRITERS,
NOT ADVERTISERS; THIS RAG'S A DRAG; WE WANT NEWS, NOT REVENUES.
Unfamiliar with the world of protesting, I was embarrassed at first,
but soon began to chant along. In addition to the protest, I created
three educational brochures: A Guide to the DuPage State's Attorney
and Public Defender, A Guide to the DuPage Election Commission and
A Guide to the Illinois Whistleblower Reward and Protection Act.
Each brochure describes the offices, laws and how these affect citizens
of DuPage County and other communities. These free brochures are
available at the Center.
--Legal Intern-Kristy Hiebert University of Notre Dame Law
School
MORE DUPAGE 7
As a legal intern at the CAC and longtime resident of Chicago,
I was excited to have the opportunity to work on a part of the notorious
DuPage 7 cases. The CAC was involved in an esoteric aspect of the
DuPage 7 saga, having petitioned the court, on behalf of a County
resident, to appoint a Special State's Attorney to represent the
citizens of DuPage County in the matter of the defense fees of the
DuPage 7. When I arrived, the issue remained unresolved almost a
year after the petition had been filed. As I began sorting out two
large boxes of files from the surrounding cases and the CAC's petition,
along with my own research, I got an eye-opening lesson in the shenanigans
of DuPage County and Illinois government. The CAC's petition was
based on the theory that the State's Attorney, having worked with
several of the DuPage 7, had a conflict of interest which he had
himself acknowledged. Furthermore, there was a potential conflict
between the best interests of the defendants and those of the County.
The County had originally petitioned for a Special State's Attorney
when the DuPage 7's private attorneys requested the County to pay
their fees. Normally, county employees should be reimbursed if and
when they are acquitted, not before. This was the advice that the
court-appointed Special State's Attorney gave the County Board,
so the board voted not to pay the defense fees. One year later,
the Board voted to pay the fees, and to fire the Special State's
Attorney. The court agreed to terminate the appointment, leaving
the people of DuPage County without an independent attorney. That
is why the CAC filed its petition. Unfortunately, the CAC's petition
was dismissed in July as moot due to the acquittal of the DuPage
7 in their criminal case, leaving important issues unresolved in
Illinois where the statute offers little guidance. The County Board
has since passed an ordinance which, according to its Chairman,
would allow it to pay in advance for the defense of employees accused
of criminal wrongdoing. The people of DuPage County should be thankful
to have an organization such as the CAC to fight such political
maneuvering.
--Legal Intern-Michael Gerald New York University Law School
Who Has Access to Your Medical Records?
This summer I researched medical privacy issues for a Brown Bag
Luncheon held on August 6, 1999. Congress vowed in 1996 to enact
a privacy law by August 21, 1999. Currently there is a privacy provision
in the Financial Services Act of 1999, however, it has not passed
the Senate. According to USA Today (7-26-99) the provision would
open up records to both credit agencies and banks without patients'
consent. As it stands today, only 21 states have restrictions on
disclosures by doctors, and just 18 states have restrictions on
the insurance companies. (Georgetown University's Health Privacy
Project) The public indicates uneasiness and fear resulting from
such "loose legislation" by the states. One out of six patients
has taken extreme measures to preserve their privacy. Some patients
are opting to pay cash for medical services or are avoiding doctors
altogether in an attempt to maintain privacy. (USA Today) A recent
survey showed 56% of American adults would not grant access to a
new health insurance company, even if it meant better benefits at
a lower cost. (Princeton Survey Research Association) The questions
people need answered are who is seeing their medical records and
why. As legislation tries to catch up with technology before it
changes again, we need to enact legislation that protects us now
and in the future from the next technological advancement. It's
no longer a question of who can see what, but rather when does it
stop?
--Chrystina Zelaskiewicz-Intern University of Illinois at
Champaign
CORPORATE ACCOUNTABILITY
While at the CAC, I had the wonderful opportunity to help promote
corporate accountability. Recently, a judge in Iowa ruled that consumers
who were policyholders in a mutual insurance company were unable
to legally enforce the company's board of directors' obligation
of good faith in managerial actions. This was a shocking decision
because previous judicial decisions have upheld the policyholders'
right to do so. The matter was appealed to the Supreme Court of
Iowa. The CAC, along with other consumer advocate groups, entered
the picture to write an amicus curiae brief. An amicus curiae brief
is a persuasive argument to the court promoting why the court should
rule a certain way in the case. The writers of the brief are not
the real parties at interest in the case, but are generally supporting
those similarly situated. I helped to research the law and prepare
the brief which was sent to the Supreme Court of Iowa. The many
hours I spent attempting to help insurance consumers were satisfying.
Complete satisfaction for me will come if the brief is accepted
by the Court, AND if it helps lead to a victory for consumer rights
through a reversal of the lower court's ruling.
--Legal Intern-Dave Migut University of Florida Law School
TIF'S & WHY WOMEN PAY MORE
This summer I updated a brochure on Tax Increment Financing programs.
The General Assembly amended previous TIF legislation to incorporate
provisions for housing displacement, appropriate use of TIF funds,
and qualifying conditions of a TIF project area. This project was
very informative. I learned that gentrification is not only an urban
issue but an area of concern for the suburbs as well. I also organized
a round table discussion on June 30, 1999 concerning why women pay
more as consumers. To research this issue, I read the book Women
Pay More (And How to Put a Stop to It) by Frances Cerra Whittelsey
and Marcia Carroll as well as books by Ralph Nader and Internet
resources. I found that in general women pay more for retail services
such as dry cleaning, hair cuts, and alterations. Women also encounter
marketplace discrimination in health care and financial and legal
services. I developed a brochure for the discussion and also provided
articles on gender bias in the marketplace and how to file a consumer
complaint on-line with the Federal-Trade Commission. I learned a
great deal during this project about how I can stand up to consumer
discrimination. Working for the Center was a very positive experience.
Everyone was supportive and encouraged my projects and my interest
in public interest law. I enjoyed the opportunity to learn about
this area of the law and to help the community.
--Legal Intern-Temperance Walker DePaul Univeristy School
of Law
LEGISLATIVE ACCOUNTABILITY
My project at the CAC is to research what it would take to implement
a web site which would display the roll-call and committee voting
records of state legislators in a user-friendly manner. The web
site would enable citizens to see if their legislators are representing
them properly. By creating profiles of state legislators, visitors
to the web site can simply monitor how their legislator has voted
on several issues by viewing a legislative profile of the voting
records. The bills will be categorized into several groups such
as environment or health care. When a person clicks on a specific
category, the bills from that particular group would be displayed
with a brief description and/or a link to a more thorough bill description.
To create this web site, the various votes of state legislators
and information about each of the bills would have to be compiled.
The voting records of state legislators can be obtained through
the Legislative Information Center in Springfield (217-782-3944).
Although the Legislative Information Center provides voting records
through the House and Senate Journal rooms, neither the journal
rooms nor the Information Center have plans or funding to create
a web site with data containing voting records. Information about
bills voted on by the Illinois General Assembly can be obtained
through the Illinois General Assembly web site. By organizing the
voting records from the Legislative Information Center in Springfield
and information about the bills that have been voted upon from the
Illinois General Assembly web site, www.legislation.state.il.us/,
a useful web site can be created to display these voting records
in a user-friendly manner for the voters to monitor their legislators.
--Intern-Will Conrad York Community High School
FALL 99
CITIZEN TRAINING CORPS
In January 2000, the Citizen Advocacy Center will renew the CITIZEN
TRAINING CORPS ("CTC"). Citizens who join the CTC will become an
empowered civic force. Citizen Training Corps is a FREE hands on
training course taught by Center staff, experienced volunteers and
community members. Participants develop their civic muscles and
learn how to gain access to information, the courts, the airwaves,
and the ballot. Citizen Training Corps members then put their training
to use by participating effectively in the democratic process and
monitoring local government. The Center offers an opportunity for
citizens to learn life-long skills that can be applied to any area
of civic interest. The training seminars will be on the second and
fourth Tuesday of each month at 7:00 p.m. at the Center. The January
to June training is a beginners' seminar. The CAC will offer an
advanced course this summer. JANUARY: Who Represents You? Learn
who your state and local representatives are and write a letter
to them and the editor of a newspaper. FEBRUARY: Request Public
Information. Learn about the power of the Freedom of Information
Act and how to obtain public records. MARCH: Basic Research Tools.
Look up city ordinances, pending bills, statutes, and case law.
APRIL: Open Meetings Act & Public Forum. Make a public comment during
an open meeting in a concise and effective manner. MAY: Read a Government
Budget. Understand the taxes charged by your local governments by
learning how to read public budgets and your tax bill. JUNE: Discuss
All Sides of an Issue. Learn how to communicate your opinion effectively
on a particular issue. JOIN CITIZEN TRAINING CORPS Call the Center
for an interview! The interview will allow us to: · Explain our
goals for participants in CTC; · Describe your role in CTC; · Help
Center staff tailor the program to fulfill your needs.
CITIZEN INITIATIVE AWARDS
Every year the Center recognizes the efforts of catalytic civic
groups and citizens with a Citizen Initiative Award. The award recognizes
those who have demonstrated significant and informed civic participation
in their communities. Congratulations to all 1999 recipients! Mr.
John Endres, Mr. Marc Grobe, Mr. Ray Mostek, Mr. George Swimmer,
Citizens for Clean Elections, and the Suburban Civic Fair Steering
Committee: Ms. Pat Arnold, Mr. Dan Bailey, Mr. Gene Burmingham,
Ms. Cathy Campo, Mr. Stephen DeLaRosa, Ms. Rita Gonzalez, Mr. Dennis
Hamm, Ms. Corinne Johnson, Mr. Kevin Lindeman, Ms. Rita Martin,
Ms. Marcia Sasman, Mr. Don Schneider, Mr. David Segal, Mr. John
Vidmar, and Ms. Pat Williams.
MEDICARE MANAGED CARE HELPLINE
In response to recent changes in Medicare as a result of the 1997
Balanced Budget Act, the Campaign for Better Health Care (CBHC),
the largest non-profit consumer health care coalition in Illinois,
has implemented a toll free Medicare Managed Care HelpLine. The
purpose of the HelpLine is to assist Medicare beneficiaries in navigating
their way through the Illinois health care system and to encourage
consumer advocacy. In doing so, CBHC is also able to develop a database
of stories to draw from during the fight for better health care
in Illinois. Thus far, the HelpLine has received dozens of phone
calls, mostly regarding problems with Medicare HMOs. Many of these
difficulties arise from misunderstandings about managed care and
problems with accessing specialty care and home health services.
Medicare beneficiaries also call with concerns regarding prescription
drug coverage and the Qualified Medicare Beneficiary and Specified
Low Income Beneficiary programs, which offer financial assistance
to Medicare recipients with specific incomes. By interacting with
these callers, CBHC is able to monitor the effects the 1997 Balanced
Budget Act has on Medicare beneficiaries throughout Illinois. Consumers
who have questions regarding Medicare Managed Care, or who would
like to tell their stories, can call the HelpLine toll free at 1-888-544-8271.
To find out how to be more involved with the Campaign for Better
Health Care, individuals can call the Chicago office at 312-913-9449
or the Champaign office at 217-352-5600. CBHC also runs a Hotline
for individuals who have experienced difficulties with managed care
or are uninsured. Those numbers are 1-888-544-8269 (managed care)
and 1-888-544-8272 (uninsured). CBHC is active in health care issues
throughout Illinois, including patient rights, the new Illinois
health care program for children, KidCare, and the marketing practices
of HMOs.
The Campaign for Better Health Care is currently planning our annual
event to be held on December 2-3. The event will feature acclaimed
filmmaker and labor advocate Michael Moore as keynote speaker and
a strategy retreat to include a "U2K - Pursuing Universal Health
Care in 2000" workshop. All consumers interested in improving the
health care delivery system are encouraged to attend. For more information,
call Samantha Thompson at 312-913-0052. Samantha Thompson Illinois
Campaign for Better Health Care
SUBURBAN CIVIC FAIR
In July, the Citizen Advocacy Center celebrated its fifth anniversary
by sponsoring the first Suburban Civic Fair. Over 100 diverse non-profit
organizations from Cook to Kane County participated, and more than
500 people attended the fair. Attendees had the opportunity to browse
organization booths, attend panel discussions with outstanding regional
advocates, participate in the speaker's corner and listen to music.
The highlight of the Suburban Civic Fair was a stirring speech by
Ralph Nader. Citizen advocate Ralph Nader praised civic over corporate
values and urged citizens to pursue and achieve "civic ecstasy,"
the reward of being a person who fights to make the world a better
place. His one hour talk encouraged citizens to, "Pick your injustice
and go after it." The Center has tapes of Mr. Nader's speech available
for $5.00 each; we encourage you to listen to his speech for the
first time or to relive the moment! The Suburban Civic Fair directory
includes each organization's contact information and mission statement
and is available at the Center. Let's Give Them Something to Talk
About The presidential campaign sounds like it is going to be the
same as previous campaigns; a lot of derogatory noise and a lot
of "smoke," BUT no substantive discussion or debate. Instead of
making derogatory comments about each other, candidates would serve
the citizens of this country better by discussing these topics:
* CAMPAIGN FINANCE REFORM should restrict excessive money contributions
to candidates from the NRA, the Tobacco Manufacturers Association,
corporations, wealthy individuals, etc.; Require timely, public
and complete reporting of contributions received prior to elections;
Develop a system of contribution limits and voluntary spending caps;
Provide access to TV and radio time at significantly reduced cost.
* Reduce production of electricity by NUCLEAR POWER to significantly
reduce the accumulation of nuclear waste. Invest Federal funds in
research of renewable energy sources as solar energy and wind energy.
* Eliminate direct and indirect CORPORATE SUBSIDIES, tax breaks,
credit and insurance programs, public property giveaways, procurement
abuses, etc., which result in the tax burden being shifted onto
the shoulders of average citizens.
* Insist that the ENVIRONMENTAL PROTECTION AGENCY strengthen regulations
on auto and truck emissions, enforce clean water standards, protect
wetlands, and eliminate hundreds of pesticides from foods as required
by the 1996 food-safety law.
* Use BUDGET SURPLUSES to reduce the Federal debt, strengthen Social
Security and Medicare, remodel school buildings, provide free Internet
access for students in all public schools and repair the nation's
infrastructure.
* Legislate GUN CONTROL which would prohibit the manufacturing
and possession of hand guns, semi-automatic and automatic weapons.
Provide for strict registration, sale, and use of single shot rifles.
Require all rifles to include safety locks. Prohibit the sale of
armor-piercing ammunition by the Pentagon to American citizens and
overseas.
* Provide a SINGLE-PAYER HEALTH SYSTEM in this country. The USA
is the ONLY industrialized country that does NOT have a health insurance
program for everyone. Abraham Lincoln advocated that our government
be a government OF THE PEOPLE, BY THE PEOPLE AND FOR THE PEOPLE.
It seems to me that this is a country that is becoming a government
of, by, and for the big corporations, the big politicians, and the
very rich. This is a wonderful country. We need an EDUCATED AND
INFORMED citizenry (as per Thomas Jefferson) to make our representative
government truly represent the needs and values of the majority
of Americans.
--Milt Hone,l Elmhurst
WE EAT ! WE TALK!
Brown Bag Lunches The second Friday of every
month from 12:30- 1:30, CAC sponsors a lunch discussion on a variety
of topics. Past topics have included the TOLLWAYS, SCHOOL CHOICE,
TEARDOWNS and PRIVACY OF MEDICAL RECORDS. Call CAC for the topic
of the month! PLEASE JOIN US! CHECKOUT THE NEW CAC WEBSITE FOR UPCOMING
EVENTS! ¨ December 7 Holiday Party for Volunteers ¨ December 10
BROWN BAG LUNCH ¨ December 16 TOLLWAY TEA PARTY ¨ Planning for the
Second Suburban Civic Fair has begun! If you are interested in being
involved, contact Terry Pastika at the Center. (630) 833-4080.
A WIN FOR THE PEOPLE! CITIZEN ADVOCACY CENTER
RECEIVES 1999 ADVOCACY AWARD!
Congratulations to the CAC Community! On November
8, 1999 the WPWR-TV Channel 50 Foundation presented the CAC with
its Innovation in Advocacy Award. The CAC was honored for pioneering
"community lawyering." Congratulations to the people of the communities
served by the Center for all of their advocacy efforts and thank
you to the CAC Board, Advisory Council, donors, interns, volunteers
and staff! THE CENTER WELCOMES FOUR NEW MEMBERS TO THE ADVISORY
COUNCIL ¨ Stephen DeLaRosa (Glendale Heights) ¨ Elizabeth Moulds,
Esq. (Chicago) ¨ Dr. Bob Glogovsky (Elmhurst) ¨ Scott Mitzner, Esq.
(Westmont) AND THREE MEMBERS OF THE ADVISORY COUNCIL TO THE CENTER'S
BOARD OF DIRECTORS: ¨ Jim Ekblad, C.P.A. (Elmhurst) ¨ Barbara Greenberg,
Esq., (Hinsdale) ¨ Josh Silverstein, Esq. (Chicago)
HOLIDAY CHEER PARTY
All Center donors and volunteers are welcome to attend
an Open House from 5:00-9:00 p.m. at the Center on Tuesday, December
7 for holiday cheer. Thank you for making the Center's fifth year
so productive!
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