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By DONALD SEVENER


Bang! Bang! Your bill is dead

How 'hired guns' put the special in special interest lobbying

They didn't even see it coming. In literally the 11th hour of the last day of the General Assembly's 1992 spring session, in a small conference room tucked away on the upper floors of the Capitol, one of the capital's most notorious hired guns drew a bead.

Jim Fletcher had assembled lobbyists representing the state chamber of commerce, real estate interests and others to plot strategy to make an obscure last-minute change in the state municipal code. Obscure, that is, to everyone but the Outdoor Advertising Association of Illinois. The association wanted to amend the law to force municipalities to compensate owners of billboards for lost revenue if a city ordered the signs removed for any reason. And it hired Jim Fletcher to get it done.

Three floors below, lawmakers were engaged in their usual end-of-session combination of posturing and polemic while legislative leaders huddled with the governor for their usual end-of-session deal-making. As the clock ticked toward midnight, the billboard bill, which had never been before a legislative committee, was attached as an amendment to a House bill awaiting Senate action.

Lobbyists for cities were blindsided. "We got our clocks cleaned," says an official of the Illinois Municipal League. "They pulled this bill out truly at the 11th hour and gave some bullshit reason why it should pass." Fletcher remembers that Chicago's lobbyist went ballistic. "He shouted at me: 'The mayor is going to hit the ceiling.' I told him: 'Look, I played my cards. Why don't you go out there and try to beat me instead of standing here screaming at me?'"

By midnight both House and Senate had voted to amend the municipal code.

As a result, says the municipal league lobbyist, not many billboards get removed in cities these days. "Nobody can afford to take a billboard down. Municipal leaders have just said, 'Screw it!' Billboards are one of the most lucrative industries in the United States. This was worth a lot of money to them."

Jim Fletcher had another notch on his belt.

This is the world of special interests, a world that politicians publicly scorn (while privately feeding off) and the public little understands. There are hundreds of lobbyists who peddle influence in Springfield; the latest listing of registered lobbyists issued by the secretary of state runs 167 pages, from AT&T to Zurich Insurance Co. You see them hanging out at the third floor brass rail around the rotunda outside legislative chambers when lawmakers are in session, exchanging insider gossip, buttonholing lawmakers, talking to reporters.


Jim Fletcher is on
a short list of influence-peddlers
called 'hired guns'

But others operate in the shadows of government, which is not to say necessarily that they are shady. Rather, the real deals are sealed more often out of sight — in the inner, private offices of legislative leaders or gubernatorial aides, in the corridor behind the speaker's office, sometimes in small conference rooms that only a few know exist in remote reaches of the Statehouse.

In the world of special interest lobbying, some lobbyists are more special than others. Jim Fletcher is among a short list of influence-peddlers called, with a mixture of derision and envy, "hired guns." They tend to get the biggest clients, work the biggest issues and command the biggest fees. They also tend to earn their keep.

"Let's see," says Jim Nowlan, "what names come to mind?" Fletcher is one. Gerald Shea another. "That's part of it," muses Nowlan, who once lobbied legislators as president of the Taxpayers' Federation of Illinois, "having a name that comes to mind."

He is talking about the influence of independent, or freelance, contract lobbyists — hired guns — as opposed to association lobbyists like those employed by unions or business groups or doctors. And the names of the most influential influence-peddlers that come to mind for Nowlan seem also to come to mind for just about anyone else who is more than a tourist at the Statehouse. Jim Fletcher, former legisla-

10/May 1995/Illinois Issues


tive parliamentarian, ex-deputy governor, lawyer for the upper drawer Chicago firm of Winston & Strawn. Gerald Shea, former majority leader of the Illinois House. Billie Paige, former lobbyist for the Illinois State Medical Society, and now a partner with Shea.

A few other names get mentioned from time to time: Zack Stamp, former legal counsel to Gov. James Thompson; Zaie Glauberman, a key aide to Lee Daniels before Republicans seized the House majority; Bob Kjellander, another ex-Thompson aide; Andrew Raucci, who has close ties to Gov. Jim Edgar; William Harte, a respected Chicago lawyer and close associate of former House Speaker Mike Madigan; James Mor-phew, an ex-aide to Madigan; several former legislators — Jim Houlihan, Ron Swanson, Sam Vinson, Al Ronan, Eugene Barnes, Mike McClain. Yet, most observers agree, all those names rank on the second tier of influence. Still others are considered highly successful and effective lobbyists but operate, in Nowlan's words, "at lower wattage" — low-profile names like Dick Lockhart and Randy Witter come to mind.

But recently and increasingly, two other former lawmakers — Republican Gene Hoffman and Democrat Jim McPike — have broken into the upper echelons of influence-peddlers. Both ex-floor leaders for their party caucuses, they formed a lobbying partnership early this year when McPike retired from the House. Now, most insiders regard their firm as bound for clout.

"If I was to hire a lobbying firm, I'd probably go with Hoffman-McPike," says Bill Dart, long-time lobbyist for the Illinois Manufacturers' Association. "McPike's instinct for the hot-button issues is good; it always was. He is able to bring along Democrats, even in the Senate. Hoffman is a friend of Pate," Senate President James Philip, "and a confidant of Daniels," the new House speaker. "They're at the top of the heap."

Many others agree. Indeed, Sen. John Maitland, a Bloomington Republican, says he too would be inclined to hire the firm if he were in the market for a lobbyist, out of his abiding respect for McPike, who served as majority leader when former Speaker Mike Madigan ruled the House. "He's tough, hard as nails," says Maitland, who co-chaired budget conference committees with McPike. "But he's a man of his word. If I were a company looking for a good firm to represent me, I'd look to McPike-Hoffman because they know the process and they command respect in the General Assembly."

All agree: The traits common to

Jim Fletcher

Illustration by Stan Adams
Jim Fletcher

May 1995/lllinois Issues/11

successful lobbying are honesty, tenacity, intelligence and a willingness to work hard. But lots of lobbyists have those qualities. What really helps, notes Paula Wolff, a key aide in the Thompson administration, is "to have been one of the guys. If people think you have the ear of the governor or the speaker, they tend to be responsive to what you want."


Gerald Shea and Billie Paige
foster the perception that
they can make things happen

Jim Nowlan concurs. Now a senior fellow at the University of Illinois Institute of Government and Public Affairs, Nowlan noticed during last fall's veto session that Gene Hoffman was a conspicuous fixture outside the office of Lee Daniels, then the speaker-to-be. "Clearly," Nowlan says, "he was making a point by his propinquity to that outer office. The combination of experience and connections is critical to the perception that these guys can make things happen."

It is the sort of perception Shea and Paige also attempt to foster. "We tell clients that we believe there are two things they are buying when they retain us," says Billie Paige. "One is access and the other is credibility. Those are the two most important commodities in Springfield. We can get into the offices in the legislature or the executive branch. We know who those people are and they know us. Our company slogan — it's printed on our business cards — is: 'We know government and government knows us.' That tells it all."

It certainly tells a lot. But as significant as having connections is knowing how to use them — and when — and the ability to work both parties and both legislative chambers.

For example, it is widely assumed now that because Shea is a Democrat (he was the first Mayor Daley's floor leader in the House), his influence has waned in this era of Republican rule. But Paige contends that successful lobbying transcends partisan politics. "It's fair to say that when Republicans are in control, as now, those lobbyists who are seen as Republicans first have greater influence. But that is not necessarily the case. We work very hard to know legislators and leaders and establish our own credibility. You try to be bipartisan or nonpartisan. And even though a given lobbyist will be identified as a Democrat or Republican, an important part of continued success is the ability to work with Democrats and Republicans. If you've been around long enough, you build relationships irrespective of party. You just have to work a little harder, get up a little earlier, stay up a little later."

Fletcher similarly credits his success to teamwork. "I can't be a good free-lance lobbyist unless I have a strong, diverse group of lobbyists working with me," he says. Though Fletcher is identified as Republican, his team of fellow Winston & Strawn lobbyists includes Democrats — Darrell Widen was parliamentarian to former Democratic Senate President Phil Rock, and James Keane was an ex-Democratic leader in the House. Together, they are able to orchestrate legislation through both houses with the help of both parties.

The ability to be both bipartisan and bicameral underscores another significant feature of effective lobbying: knowledge of and an appreciation for the arcane legislative process.

Shea, founder of the firm of Shea, Paige and Rogel (Ira Rogel is the third part of the triumvirate), agrees that knowing powerful people in powerful places is important. But equally important, he says, is the intimate understanding of how to use that knowledge, an understanding that comes from having once been on the inside. "Hoffman, McPike, myself, other ex-legislators — Fletcher was deputy governor and parliamentarian over there — we understand how the paper flows and at what point you can have an impact in the process and how that input works. It is certainly important who you know, who the important players are. Some of the most important people in the Assembly are the secretaries and staff people, the gatekeepers."

Fletcher: "Lobbying, first and foremost, is a process. And your understanding of the process and its relationship to the substance of a particular matter are crucial in any campaign you undertake.

"For example, what chamber do you introduce a bill in, and why? When do you use a conference committee as the basis of your strategy? When do you avoid it? What issues do you stress in your fact sheet, and why? Who do you select as your sponsor and co-sponsor? Who do you ask to speak on a matter and why?

"Every bill," Fletcher says, "has an appropriate level at which it can be worked" — leadership, membership and staff — "and whenever you can do it at the least level, that's where you do it." In other words, you avoid asking a legislative leader to "kill the bill," if lobbying rank and file legislators for a couple of days instead will as effectively slay the legislation. "You always live within the constraints of the bill, and you don't abuse the process," Fletcher says. "The lobbyist's job is to not burden the General Assembly; it's to make their job as easy as possible."

Money may not make a legislator's job easier, but money sure makes it easier to keep the job. "The price of admission to the legislature is 10 times as high as the annual salary," says Nowlan. "Most legislators are career elected officials. Many legislators have an economic reason for being re-elected."

Hence, it is commonly assumed that campaign contributions are the grease that lubricates the legislative process: Lobbyists give, legislators get, bills get passed.

"Campaign donations can never be a part of the merits of a bill," says Fletcher. "That is absolutely off limits. If you want to help somebody, help them. But you should do so because you believe that person ought to be supported, period. It should have no relation to a vote."

12/May 1995/Illinois Issues


Paige says her firm makes it a policy not to contribute to legislators' campaigns while the General Assembly is in session, and advises clients to do the same — the exception being donations made to the political action committees of the four legislative leaders. That exception, of course, is a major loophole, given the fact that legislative leaders are a major source of campaign cash in most races, and certainly all hotly contested ones.

But the connection between lobbyist and campaign contribution is usually indirect anyway. "I don't think Shea has ever contributed to me," says Sen. Maitland. "He has though through Bud." That would be Budweiser beer — Anheuser-Busch is among Shea's largest clients. Anheuser-Busch is among many deep-pocket clients of influential lobbyists who contribute generously to legislative campaigns.

For instance, a review of campaign finance reports for 1994 and 1995 for just the House leadership reveals that several major clients of Shea's firm and Fletcher's law firm make sizeable contributions. Anheuser-Busch gave $1,500 to Friends of Lee Daniels and $2,500 to Friends of Michael Madigan. It was not the only large company playing both sides of the political aisle; Commonwealth Edison, a Fletcher client, gave $9,000 to Daniels and $7,500 to Madigan. Daniels in particular benefitted significantly from another Fletcher client, Arlington International Racecourse, which gave $11,000, and its owner Richard Duchossois, who gave $8,500. Duchossois, who wants a riverboat casino for Arlington, gave no donations to Madigan, according to reports at the State Board of Elections. Madigan received generous contributions both from clients of Shea (Humana Inc. gave $5,000) and Fletcher ($2,500 frotn Delta Dental Plan of Illinois and $1,000 from the Outdoor Advertising Association of Illinois).

Shea: "People want to get re-elected and it costs money. If you can help them, you do. But there's more involved in re-election than just money." He says the potential to influence the outcome of an election with grass-roots voter support — a

Gerald Shea

Illustrations by Stan Adams
Gerald Shea
Billie Paige

Billie Paige


People want to get re-elected and
it costs money. If you can help them, you do.
But there's more involved in re-election than money

May 1995/Illinois Issues/13

congregation of inspired beer distributors, for example — "is better than money. That is becoming the currency of this business. You want to help somebody because he helped you. That's what this business is all about."

Lobbyists don't contribute "big money themselves," says Nowlan. "But they would be counseling their clients to contribute to X or Y legislator." However, he also contends that while a campaign contribution is an important dimension in lobbying, "it alone won't assure action will be taken. The influence from campaign contributions generally has to be carried along on a current of useful, credible information."

"Lobbyists play a critical role here," says Sen. Maitland. "I count on them a great deal to give me information I can't seek out myself. We are not experts, so we have to count on lobbyists from both sides."

Nowlan, who brings vast first-hand experience in legislative politics (he once served in the legislature) to his political science perspective, says the importance of facts in swaying lawmakers is often underestimated. "People who think they're savvy downplay the role of information," he says, "but I think it's critical at every stage. The key to successful lobbying is getting the right information in the right format to the right people at the right time. For a sponsor of legislation, that information must be very detailed and specific. For a legislator who is not central to the issue, the information might be the observation of a respected source to that person over coffee or a beer or on his way to a committee hearing. That's what a skilled lobbyist is good at knowing: when to provide what information to whom."

The persuasive potential of solid, credible, factual information stems from two immutable facts about the legislature. One: "Re-election is the number one priority in the life of a legislator," notes Nowlan. Two: on most issues, says a lobbyist, "most of these guys don't give a rat's ass."

Adds Shea: "One of their major jobs is to worry about re-election. A bill comes to them and if it helps their re-election, that's an easy decision. If it hurts their re-election, that's an easy decision. But there is a vast area in between, and that's where we lobbyists can talk to them." Every lawmaker. Shea says, "knows the votes that will help him or hurt him, and there are about 200 of those. There are 4,000 bills in the Assembly; that leaves 3,800 that won't affect re-election but have some effect on somebody. It's on those that you show them why you should get their vote."

Fletcher: "You go to them and say, 'I have an issue that I don't believe affects either you or your district, so could you just consider it on the merits.' The hope is to communicate to the legislator that our position is both sound public policy and it is supported by others he respects."

That is known as coalition building, and it is another vital element of successful lobbying. Indeed, one aspect that distinguishes free-lance lobbyists like Shea or Fletcher from association lobbyists like Bill Dart of the IMA is that Dart has a built-in coalition behind him — manufacturers that operate plants and employ workers in legislative districts throughout Illinois.

It's a potent weapon and one that independent lobbyists strive to wield. Billie Paige tells of a client, Friends of Hospice, that wants to amend a law to permit free-standing hospices, "so a person who is no longer able to live at home doesn't have to go to a nursing home and can have the dog with them and their own bedroom furniture and such. We sat down and asked: Who else do you believe has an active interest in this? Well, boards of health, doctors, a variety of facilities and people. We came up with a list that we attached to our position before the committee that was a page and a half long, and we got the bill out of committee 22 to nothing.

"You always come up with a support network and then your network enlarges depending on how many people are related to the initial group. For example, Anheuser-Busch has no brewery in Illinois. But they have distributors in this state, and those distributors have family and friends who live in all different legislative districts. There is a tremendous grass-roots support network."

Shea once drew upon the broad-based membership of a client to get a point across to a lawmaker. "I was discussing a vote with a legislator, and I told him we had 192 members in his district. He thought we were joking. The next day I dropped a computer printout on his desk with 792 households and almost 3,000 voters. Wouldn't that make you pay attention? How would you like somebody to turn 790 families onto the phone telling you this issue is important to their livelihood? Nobody can turn that on and off like a spigot, but look at the potential. See how many votes the average legislator wins by."

Says Paige: "Everybody knows we're hired guns," meaning they are paid to pitch a client's position. In contrast, she says, "When they hear from the people in their district, it has an impact. It's amazing when you start building coalitions the people you can find who can talk to their legislator."

Nobody flinches at the label "hired gun," though Paige says she is bothered by "the negative connotation given to the word lobbyist." At the behest of a friend, she spoke not long ago to a law school class. "They asked how I wanted to be introduced — as a government consultant? I said, 'Introduce me as a lobbyist.' I'm not embarrassed by what we do. The image the public has of the lobbyist is this cigar-chomping, pot-bellied guy who passes out money and cuts deals behind closed doors. That's not the way it's done.

"I'm real proud of what I do."

Shea: "I don't think people realize how hard people in the Assembly, or lobbyists, work. This isn't a job you can put away at 6 o'clock, as with some jobs, especially in this town. You live, breathe this job."

He has been living and breathing lobbying for almost two decades. After working for the Cook County state's attorney and the circuit court, Shea was elected to the legislature in 1966. "I was in the Assembly 10 years, six as leader. I was Dick Daley's leader in Springfield.

"I was where the action was. I had quit high school to work for the city of Oak Park on a garbage truck. I tossed garbage all day. I used to think about that when I stood up there on the rostrum with the gavel in my hand. It's pretty heady stuff."

He still is where the action is.

14/May 1995/Illinois Issues


Gene Hoffman

Stan Adams illustration from photo, courtesy Daily Herald
Gene Hoffman
Jim McPike

Jim McPike

"And I make a pretty good living," says Shea. "I got into this business when my daughter was going into college. Somebody had to pay for it. It's been a very self-fulfilling, rewarding experience for myself and the people I work for."

Shea says he promises clients only two things: "I'll do the best I can. I'll do it in a way that I won't go to jail. And I've lost a lot of them."


The firm of Jim McPike
and Gene Hoffman is regarded
as bound for clout

He's won a few as well.

As the General Assembly revs up for the final weeks of the legislative session, Shea, Fletcher and the rest of the hired guns will be in the thick of it.

"The big unresolved issue is the budget and Medicaid," Shea says. He and Fletcher will find themselves on the same side of the issue; both represent Medicaid-dependent hospitals pushing for continuation of a tax on health care providers to help pay for medical treatment for poor people. Both will be fighting lobbyists for suburban hospitals that pay the tax but have few Medicaid patients.

Beyond the budget, Shea says, almost wearily, he is unsure whether other issues will surface. "Somebody has got to put together a $33 billion budget. Once the budget is passed, is there anything else so earth-shattering that it can't wait till next year?"

Probably. Paige and Fletcher predict that gambling interests — Fletcher represents Arlington Racecourse, whose president Richard Duchossois wants his own riverboat casino — will push for expansion of gaming in Illinois. Owners of incumbent boats will resist new competition.

Fletcher also recently landed another powerhouse client, the Chicago Bears, which is interested in state help to build a new football stadium.

Perhaps he will consider advertising the Bears' cause — legislators drive by plenty of billboards on their way into Springfield. *

May 1995/Illinois Issues/15

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