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.


* Why Quinn's med-mar punt matters
* Um, wow
* Tuesday puppy blogging
* A very tough problem to deal with
* Budget stuff
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

          
        * Apple starts updating devices to iOS 8.1.3
        * iOS 8.1.3 Arrives, With Lighter Storage Requirements For Updates And Spotlight Fix
        * New Apple Pay Deal Gives It Greater Presence In A Key Market: Self-Serve
        * Samsung Galaxy S6 rumors detail feature-packed alternate back panels
        * Quantum Dot Displays Could Lead To Cheaper, Thinner Screens
        * Shazam lets you access saved playlist right on Spotify
        * HTC Hima image ‘leaks’ possible decoys

        * Compare Mortgage Rates with the Government's New Rate Checker Tool
        * Snapchat builds hub for news, media from more than just friends
        * Apple Pay Now Supports 200,000 Self-Serve Locations And Vending Machines
        * iOS Updates Will No Longer Require So Much Free Space on Your Phone
        * Apple Led Q4 Smartphone Shipments in China
        * FCC Commissioner Blasts Marriott’s Wi-Fi Blocking Plan
        * Windows 10 For Phones Features Video Demonstration Coming Soon

        * White Sox marketing waits for White Sox baseball to cooperate
        * Gillaspie open to whatever role team needs
        * Podcast: MLB pace of play problem
        * 2015 Prospect Watch: Top 10 second basemen
        * Following up: Inside Toronto's failed pursuit of Kenny Williams
        * Trimmer Garcia ready to take off in 2015
        * SoxFest concludes with high hopes for 2015

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


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

        Archives
        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


        * Alum Manny Sanchez regains seat on Illinois sta.....
        * Will Oglesby be the one to grow our medical mar.....
        * Former Arlington Heights mayor Mulder picked fo.....
        * Candidates meet for first Chicago mayoral debat.....
        * Rauner to Discuss Structural Challenges In Deca.....
        * Illinois medical marijuana delays grow in messy.....
        * Getting the House in order..
        * Documents: Ottawa ranked highest for marijuana .....
        * Mayoral Candidates Mostly Agree on Chicago Casino..
        * WATCH: Candidates meet for first Chicago mayora.....


        * Twins who ran major US drug ring sentenced to 14 years each
        * Mayor of Highland suffers serious spinal injuries in fall
        * Most candidates for Chicago mayor support city casino
        * Time may be running out for Sycamore's penny parking meters
        * Suburban Chicago resident has confirmed case of measles
        * Longtime Naperville mayor gives last State of City address
        * More than 300 flights canceled at Chicago airports
        * Caterpillar 4Q results mixed, 2015 outlook disappoints
        * Sen. Dick Durbin honors Ernie Banks on Senate Floor
        * Illinois woman steers bus to safety after driver collapses

        * State lawmaker introduces bill to cut officeholders' pay
        * Proposed Logan County medical marijuana growing site gets high score
        * Illinois pays millions to keep inmates who can't find homes
        * Proposed Logan County growing site gets high score
        * Rauner replaces appointee who helped give job to Quinn aide
        * Frerichs announces firm will review Treasurer's office
        * State lawmakers consider police reform key issue for General Assembly
        * Statehouse Insider: Gov. Rauner sounding a lot like primary candidate Rauner
        * Veterans voice opinions about future of Oak Ridge war memorial site
        * 85,000 temporary driver's licenses issued to immigrants

        * Takeover target urges shareholders to take CME's 'bird in the hand' bid
        * Why the markets are tanking today
        * Caterpillar forecast suffers from falling oil, copper prices
        * Watch McDonald's Super Bowl teaser
        * Walgreens names Boots exec CFO as Pessina tightens grip


          * Trooper urges stiffer charges against trucker in fatal I-88 crash
          * Woman steers bus to safety after driver collapses: 'I just said I gotta live tonight'
          * Chicago brothers who infiltrated cartel given 14 years in prison
          * Mother of man killed in hospital sues police, city of Highland Park
          * Emanuel, mayoral challengers face off for first time
          * Illinois reports year's first measles case
          * City lists 45 'problem landlords'
          * Super Bowl by the numbers
          * Google to police: Waze can't track officers' movements


          * State Board Of Education Asks For More Money
          * More People Flying Out Of Springfield & Bacon To Bring Them In WUIS-SJR Business Report
          * Political Football With Sports Facilities Agency
          * Governor Unhurt In Chicago Car Accident
          * Hoogland Show Brings Irving Berlin To The Stage
          * Could Rauner's Spending Hold Derail New Train Routes?
          * Ousted State Public Health Director Off To Washington
          * Interview: Combating Systemic Racism In Springfield
          * Proposal Would Ban Conversion Therapy For Minors
          * How food gets the 'Non-GMO' label


          * State lawmaker introduces bill to cut officeholders' pay
          * Quote of the Day: Tuesday, Jan. 27, 2015
          * Proposed Logan County medical marijuana growing site gets high score
          * Illinois pays millions to keep inmates who can't find homes
          * Rauner replaces appointee who helped give job to Quinn aide
          * Frerichs announces firm will review Treasurer's office
          * U.S. Dick Durbin and U.S. Rep. Aaron Schock: Online sales tax loophole hurting local businesses
          * Quote of the Day: Monday, Jan. 26, 2015
          * State lawmakers consider police reform key issue for General Assembly
          * Our Opinion: Vision should be a key theme in Springfield mayor's race


          * Recruiting questions? We've got answers
          * Tuesday January 27 government meetings
          * Durbin honors Ernie Banks on Senate Floor
          * Illini release spring schedule
          * Champaign man charged in attack on woman
          * Rantoul man charged with home invasion at ex-girlfriend's Urbana residence
          * Updated: Boston area hit by howling blizzard; New York gets off easy
          * 01-27-15 On the Money
          * 01-27-15 Penny for Your Thoughts
          * Windmill Cultural Center welcomes author and historian David Coopman


          * Whites, Hispanics, Asians grow at historically black colleges
          * Armed man no longer at Delnor Hospital
          * Chicago twins who ran $2B drug ring sentenced to 14 years each
          * AP Interview: EU anti-terror chief: rehab for jihadis
          * Federal government failing to protect children, report says

          * Rep. Danny Davis Hopes to Keep His Seat fo...
          * Illinois House Dems agonize over vote to f...
          * Congressman calls for removal of police co...
          * Congressmen Plan House Speech on Chicago's...
          * Davis To Obama: 'Do Everything In Your Pow...
          * Rahm Touts New Law to Clear Juvenile Polic...
          * Democratic Congressman Condemns Chicago Su...
          * REP. DANNY K. DAVIS NOW SUPPORTS DR. WILLI...
          * Danny Davis Defeats Robert Bumpers In Illi...
          * Rehab of Affordable Housing Building in Ol...

          * Senate's swing-state Republicans break ranks...
          * Senators Dianne Feinstein and Chris Murphy......
          * State lawmaker introduces bill to cut offi......
          * NB I-17 reopens after wrong-way crash; Pho......
          * DuQuoin baseball tournament named for 'Bea......

          * Senate's swing-state Republicans break ranks...
          * A White House victory as Senate retreats f......
          * Welch backs legislation on GPS data...
          * Democrats say they won't support Iran sanc......
          * Democrats back off Iran sanctions bill unt......

          * Group Accuses Ald. Mell Of Violating Campaign Finance Laws
          * Education Activists Call For Chicago Board Of Education Member Deborah Quazzo's Resignation
          * Illinois Pro-Life Movement Marches Forward [video]
          * Kaiser: Illinois cancer survivor continues vocal fight against Obamacare
          * Human Rights Hotspots: Cuba [video]
          * Bluedorn: How Mercer County voters turned their county board upside down in 2014
          * We’ve moved!
          * In The Lyons Of Fire
          * BGA Backs New State Disclosure Effort
          * Budget Crisis Task Force Examines Illinois’ Debt Woes


          * Rauner announces “Turnaround Team” - Stellar team to help turn Illinois around
          * Commerce Department to Review Proposals for Enterprise Zones - Program Promotes Job Growth in Communities Across the State
          * Governor Rauner signs Executive Order for Minority and Veteran Empowerment
          * Governor Rauner Announces Second Round of Appointments
          * Representative Duckworth, US Army Iraq Veteran Honored With The Abraham Lincoln Veteran Champion Award




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller