SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Quinn replies to Shakman’s lawsuit

Monday, Jun 9, 2014

* From the Associated Press

Gov. Pat Quinn has asked a federal court to reject Michael Shakman’s challenge to state hiring, saying the Chicago anti-patronage attorney has no authority to raise questions and seeks resolution that would unnecessarily disrupt government and undermine gubernatorial authority.

The Democratic governor’s request, which blames the now-imprisoned ex-Gov. Rod Blagojevich for any misconduct in hiring, was filed late Friday in U.S. District Court in Chicago.

Shakman, author of a landmark 1972 court decree prohibiting political hiring in Cook County government, renewed his suit against Quinn in April. It claims the administration violated the Shakman decree and another that regulates state hiring by improperly considering politics in employment and promotion at the Illinois Department of Transportation.

Shakman wants an investigation completed and a “special master” appointed to monitor and ensure proper hiring at all agencies under the governor’s control, a move Quinn’s lawyers reject as superfluous and threatening to duties — in this case, hiring — entrusted to government officials.

* The filing is here. One of the objections made by the Quinn administration is that some of this stuff is really old

The allegations pertaining to the Blagojevich administration are based primarily on a Chicago Sun-Times article from October 16 and 17, 2009 which detailed violations from 2003-2005. As Blagojevich was removed from office on January 29, 2009, any claims pertaining to violations under his administration would have needed to have been brought by July 29, 2009 at the very latest.

* Timeliness is also an issue with the current administration

Plaintiffs allege that the violations pertaining to the Quinn administration arise out conduct that ended in “early 2012.” … To timely recover for such conduct, Plaintiffs would have had to bring a claim by June 29, 2013 at the very latest. Plaintiffs did not file their motion until April 22, 2014. Even assuming Plaintiffs were unaware of such conduct until the BGA report came out on August 14, 2013, Plaintiffs had until February 10, 2014 to seek relief for such claims. Plaintiffs did not contact Defendant until March 13, 2014 and did not file the most recent motion until April 22, 2014. Thus, their request for relief as to the current administration is untimely and is barred.

* The Quinn response also claims that “Plaintiffs’ request for relief with respect to those allegations in the 2009 motion has been abandoned by Plaintiffs“…

Plaintiffs filed a strikingly similar motion in 2009 to which the Governor’s Office filed a response requesting the court dismiss such request for relief. Despite the Governor’s Office filing a response requesting dismissal, Plaintiffs failed to respond, either before or after the parties’ settlement discussions, but rather let the Governor’s response linger on the docket for more than four years without taking any action. Plaintiffs now attempt to resurrect those same claims. Because Plaintiffs never responded to the Office of the Governor’s response, to the extent Plaintiffs now seek relief based on the allegations contained in their 2009 motion, such relief must be denied.

* The plaintiffs don’t have the right to pursue relief concerning hiring practices, Quinn believes

Plaintiffs have never secured a judgment against any Governor with respect to hiring practices… because no previous Governor was a signatory to any of the other Shakman decrees, Governor Quinn is not bound by any of their terms… In sum, Plaintiffs are not seeking to enforce an existing judgment between themselves and the Governor in their plea for injunctive relief with respect to allegations about hiring practices. Instead, they attempt to avoid ever litigating this issue by bootstrapping their claim to the terms of the 1972 Consent Decree via the Court’s decision in Rutan.

* Plaintiffs don’t have standing, Quinn argues

There is no basis to conclude that Plaintiffs are suffering a “continuing, present” harm that is “sufficiently real and immediate” to justify the extraordinary injunctive relief they now seek… As the Supreme Court has made clear, “‘[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief . . . if unaccompanied by any continuing, present adverse effects.’”

* And there is no need for a special master

Plaintiffs’ allegations, which are based on information and belief derived primarily from media sources, only allege violations pertaining to IDOT. Yet Plaintiffs seek a Special Master to cover all employment under the Governor within the Northern District of Illinois. The Governor oversees the vast majority of the State’s agencies and as a result, state employees. There is no basis for a Special Master to monitor all of the employment under the Governor when the allegations relate only to IDOT.

Further, as Plaintiffs allege, the OEIG commenced an investigation into the alleged wrongful practices. The OEIG has not issued its report and recommendations. To appoint a Special Master is unwarranted and, in advance of the OEIG concluding its investigation and issuing its report and recommendations, is premature.

* But the most immediate political issue is Shakman’s request for discovery. Quinn wants the court to rule on its objections before allowing discovery to proceed. The implications are obvious here. If Shakman goes nosing around the Quinn administration’s hiring practices, who knows what sort of targeted leaks could result?

- Posted by Rich Miller        


18 Comments
  1. - William j Kelly - Monday, Jun 9, 14 @ 12:01 pm:

    Strange shackman doesn’t have any problem with Rahm’s monkey business, why? Are there two different shackmans? Or two different laws? Or mabe laws apply to some people and not to others? Or maybe the real people of Chicago just deserve an alternative? Williamjkellyforchicago.com


  2. - OneMan - Monday, Jun 9, 14 @ 12:02 pm:

    If there is nothing to see here governor, prove it by letting him look….


  3. - OneMan - Monday, Jun 9, 14 @ 12:05 pm:

    Before you feed, take a moment to read…

    http://en.wikipedia.org/wiki/Shakman_Decrees


  4. - Bill - Monday, Jun 9, 14 @ 12:16 pm:

    Blago is easy target. Quinn wrote book on patronage hiring under Walker.


  5. - Lycurgus - Monday, Jun 9, 14 @ 12:16 pm:

    If there is no consent decree involving the State (which is what the Gov. appears to be saying), than PQ is absolutely correct and Shakman is moving into showboat territory.


  6. - OneMan - Monday, Jun 9, 14 @ 12:23 pm:

    Lycurgus, not sure where your thought process is on this.

    if you read the first paragraph of the state’s filing it says the state entered a consent decree on hiring back in 1972.


  7. - Skirmisher - Monday, Jun 9, 14 @ 12:31 pm:

    Whatever, Shakman’s motives or standing, it is hardly a secret here in Springfield that no governor in memory has practiced patronage hiring more openly and universally than Pat Quinn. And a very frequent complaint is that the hires are frequently a good deal less than well qualified for their jobs in agenies that can no longer bear dead weight. A public airing of all of this would not reflect well on PQ’s carefully crafted public image, and he knows it.


  8. - Jake From Elwood - Monday, Jun 9, 14 @ 1:31 pm:

    Point of order. Shouldn’t we retire the screen name “Bill” out of respect for the deceased? Just a thought.


  9. - Demoralized - Monday, Jun 9, 14 @ 1:32 pm:

    If the jobs are not union and are not covered by Rutan rules then the Governor can hire whoever he wants to hire. I’m all for investigating the IDOT deal. But to now suggest that there needs to be some massive oversight of all hiring is ridiculous. I also fear that a lot of people’s names are going to get dragged through the mud by the press simply because they are in exempt jobs. This whole situation disturbs me.


  10. - Skeptic - Monday, Jun 9, 14 @ 1:42 pm:

    “hires are frequently a good deal less than well qualified for their jobs” Got news for you…between the cumbersome Rutan hiring process, CMS, Union rules etc., it happens with non-political hires too. Ask anyone who’s done State hiring how many times they’ve pulled a posting rather than hire the person they would have had to hire.


  11. - logic not emotion - Monday, Jun 9, 14 @ 2:47 pm:

    Skeptic: Very good and valid point. It is safe to say that the state hiring is a mess in multiple ways. What should be scary to everyone is that the state’s core of competent long term employees at the various agencies is rapidly shrinking.


  12. - MIghty M. Mouse - Monday, Jun 9, 14 @ 5:36 pm:

    ===What should be scary to everyone is that the state’s core of competent long term employees at the various agencies is rapidly shrinking.===

    True, and as I recall it was the psychiatric case Blagojevich who started that train in rolling. If we elect Rauner he’ll be sure to finish the job.


  13. - Arthur Andersen - Monday, Jun 9, 14 @ 6:35 pm:

    Mouse, I also agree the “core of competency” and institutional knowledge in State government has been withering away since the 2002 ERI and then Blagotime.
    I would like to know why you are so sure that Rauner will “finish the job” or be any worse in this regard than PQ.


  14. - Send In the Clowns - Monday, Jun 9, 14 @ 6:47 pm:

    Demoralized - they are not in exempt positions. They were hired exempt and a short time later, they were moved to Union coverage. Of course this happened after some got bumped up to higher levels with pay increases.


  15. - quincy - Monday, Jun 9, 14 @ 6:51 pm:

    It was sure OK when then the Republicans were in the Gov. office 24yrs, and for a price Ryan was in there money could get any job you wanted.


  16. - Leave a Light on George - Monday, Jun 9, 14 @ 7:46 pm:

    @ quincy

    True but George ended up in prison if you recall.


  17. - Mister M - Monday, Jun 9, 14 @ 9:24 pm:

    All those who hoped that Quinn would “fumigate” as he had promised became disheartened but probably not surprised to see the hacks entrenched during Blago’s time continue to manipulate the personnel processes with impunity under Quinn. So yes, Quinn knew and yes, he continued the abuse. Remember that the Chicago and Cook County pals had to be reckoned with.


  18. - Maxine - Tuesday, Jun 10, 14 @ 4:25 pm:

    Correct Mister M! Now they are union “rutan interview” jobs, where the union and the Dems pick their friends, family, and contributors BEFORE state employees. Not to mention the PSA mess, what a joke. CMS=Can’t Manange S***!


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* CUB Poll: 84% Oppose Exelon Bailout - Solar Poll: 81% Oppose Demand Charges
* SUBSCRIBERS ONLY - New cable TV buys and fundraiser calendar
* Question of the day
* *** UPDATED x1 - Friends of the Parks responds *** Lucas pulls plug on museum
* "Dead. Yes, dead."
* Radogno shares some deets on stopgap, blames Chicago for holdup
* Maybe this will convince Democrats to cut a deal?
* Nobody's right if everybody's wrong
* Another way Chicago is behind the times
* More on that Cullerton meeting
* Creating a workaround for new CPS debt?
* Settlement talks in Duckworth case "initiated by the judge"
* Hostage dies
* Close on 6-month stopgap, not there yet on K-12
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* Want a Blue Coral Galaxy Note 7? Samsung files a trademark application for a color
* Is TCL producing BlackBerry Hamburg project?
* Huawei making Android smartphones as long as OS is open, CEO says
* Galaxy Note 7 Smart Glow, OnePlus 3 comments & more – Pocketnow Daily Recap
* Galaxy Note7 confirmed* as device name, Samsung does indeed skip a number
* Android might be getting another navigation button redesign
* OK, Europe: It’s your move

* Fulmer, Hawkins among top prospect performers Sunday
* Smooth sailing for Sale in MLB-best 13th win
* Sales pitch: Ventura calls ace best in the AL
* Smooth sailing for Sale in MLB-best 13th win
* Smooth sailing for Sale in MLB-best 13th win
* Quintana aims to shake off June struggles
* Morneau takes BP for 1st time since surgery

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Editorial: A steep price when jail guards abuse.....
* Local Illinois legislators say party leaders co.....
* Illinois Republican Criticize Democrats For Not.....
* Road projects at risk in Illinois budget stando.....


* $2B in Illinois road projects threatened by stalemate
* Economic woes cause drop in number of Illinois boaters
* Rauner signs ID law making Illinois comply with federal law
* Illinois police sue town, claim body cameras record nonstop
* Study: Rotting trees caused mysterious holes in huge dunes
* 1 dead, 1 injured after boats crash on Rock River
* US Rep. Duckworth settles workplace retaliation lawsuit
* Workplace retaliation lawsuit against Tammy Duckworth settled
* Chicago police arrest teen in slaying of city dispatcher
* Lucas abandons plan to build museum in Chicago after lawsuit

* Illinois women hit hard by state budget impasse
* Stalemate threatens $2B in road projects
* Economic woes cause drop in number of boaters
* Chicago school money seen as potential deal-killer
* Chicago school money seen as potential state budget deal-killer
* Survey: Nearly 1 million human service clients affected by budget impasse
* Illinois lawmakers to reconvene Wednesday as budget deadline nears
* Illinois State Museum given path to accreditation
* Illinois insurance co-op sues feds over health law payments
* Gun bill at Illinois Capitol gets support from Rifle Association

* Who's sitting in Chicago's cushiest board seats?
* The fall and rise of Chicago real estate in three acts
* At Chicago law firms, a salary war breaks out after years of deep freeze
* Why overbanked Chicago has even more banks
* One suburban manufacturer's answer to shortage of skilled workers


* Orlando shooting tribute leads way for Chicago Pride Parade
* Man shot in Austin
* Man wounded in Logan Square shooting
* Jake to rescue? Ace returns to scene of no-no for slumping Cubs
* Amtrak’s new Metropolitan Lounge opens Monday
* Miami Vise: Marlins squeeze life out of depleted Cubs’ lineup
* Former Oak Park cop caught up in Wrigleyville rooftop scheme
* 16-year-old boy shot in Roseland
* ‘Spotlight’ film pushed victim to speak out against Hastert
* Blackhawks will look from without and within to fill out roster


* Old East Aurora High School stadium to get rousing farewell party
* Shootings leave 5 injured on South, West sides
* Marlins' arms catch Cubs' attention
* Participants, spectators revel in festive but respectful Pride Parade
* Cubs know it's time to clean up their mistakes after 6-1 loss to Marlins
* Amtrak train hits van in Colorado killing 5, including 3 children
* Joe Maddon believes history is on Jake Arrieta's side
* At least 7 stabbed at neo-Nazi event outside Capitol in Sacramento
* White Sox's Justin Morneau getting back in swing of things
* Beyoncé sings at BET Awards; several Prince tributes planned


* David M. Gerlach: College students are collateral damage in Illinois politics
* Illinois women hit hard by state budget impasse
* Stalemate threatens $2B in road projects
* Economic woes cause drop in number of boaters
* Chicago school money seen as potential deal-killer
* Chicago school money seen as potential state budget deal-killer
* Angie Muhs: The threshold for national news on our front page
* Their View: Separation of powers prevails
* Statehouse Insider: Lawmakers coming back to Springfield? We're saved
* Bernard Schoenburg: Davis opposes school bathroom transgender rules from DC


* Vietnam Wall Closing Day
* Accidents clog I-74 near Mahomet
* College football extra: 2016's top 10 running backs
* Getting Personal: Mike Metzler
* Letter from Birdland: A look at the colorful past, present of Ireland
* Susan McKinney: Eric Liddell: The runner who lived and died for God
* Reluctant Townie: It's my birthday and I'll write what I want to
* Kelly Strom: Behind the Music
* For the retirees, June 26-July 3, 2016
* Patricia Hruby Powell: Many voices tell of 'Incident on the Bridge'


* Rozner: Maybe Bulls finally see big picture
* Sale, White Sox bounce back to beat Blue Jays
* Phelps drops 200 free at Olympic trials; will swim 4 events
* Boudia, Cook take hard path to earning Olympic diving spots
* Sherman Santiwiwatthanaphong wins Symetra Tour event

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Illinois to get $17 million for HIV assist......

* Is Tammy Duckworth a sure bet to beat Mark......

* Paul Ryan isn’t the first guy to try to stop a sit-in.
* Six Clinton delegates on the Platform Committee who voted against a $15 minimum wage.
* "Pride at Montrose" Happening At The Lakefront 11am-6pm
* A Pride Of Lion(s)
* Local Pride!
* #Oaxaca.
* The Sunday Times.
* #TestForFlu Bug Hits Town
* Edgewater Shooting Ends At Foster/Sheridan
* "We Are Uptown Proud!"


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller