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.


* Delegation goes to bat for Exelon
* Question of the day
* Reach out and touch someone
* *** UPDATED x1 *** "Downton Abbey" story was no random thing
* Most suburban towns could survive a year of state cuts
* Editorial: "Don't fall for Exelon bailout"
* The consequences of cuts
* It's just a bill, but it's interesting
* Martin’s Story: A Medical Error Changed Everything
* SDems upset GOPs by advancing partial FY 15 fix
* Forby asks AG Madigan for formal opinion on right to work zones
* *** LIVE *** Session coverage
* Rate hizzoner's new humble pie TV ad
* 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

          
        * Nokia 1100 turns up with ARM MT6582 processor
        * Apple iPad Pro/Plus hits rumored delays, won’t enter production for months
        * The Frisbee game goes on and on in fun new sequel
        * Enter to win an Android tablet with The Samsung Galaxy Tab S 8.4 Giveaway
        * Pivot allows one touch arcade gaming, challenges you to get high scores
        * Huawei Watch rumored to be stupid expensive
        * Slot those blocks in with Bloq Android game

        * A Star Witness for Both Sides? Somehow John Doerr Makes Both Ellen Pao and Kleiner Perkins Look Good.
        * Avast Unveils New Apps That Could Clean And Speed Up Your Phone
        * Huawei’s Android Wear Watch Could Cost $1,000 [Rumor]
        * EA Shuts Down The Sims’ Developer Maxis
        * Etsy files for an IPO, looks to raise up to $100M
        * The NBA and Lean In Foundation are partnering to promote gender equality
        * Carefully Decide Where to Get a Tattoo with This Pain Chart

        * Alexei's 3 RBIs spark White Sox in spring opener
        * Hahn's plan to reshape White Sox slow to boil
        * Minnie was an icon for black fans in Midwest
        * The most meaningless White Sox spring training statistics of 2014
        * Abreu mourns loss of friend, mentor in Minoso
        * Undaunted by injuries, Ynoa continues to pursue dream
        * White Sox agree to terms with 24

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


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

        Archives
        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


        * Court monitor says IDOT should clean house on h.....
        * Chicago mayor says state budget is 'wrong appro.....
        * Family of man killed by Chicago police sues the.....
        * Delegation goes to bat for Exelon..
        * Gov. Rauner stops in Peoria, Canton, Havana for.....
        * Question of the day..
        * Bruce Rauner..
        * Up to 10 inches of snow predicted for southern .....
        * Mt. Prospect objects to Gov. Rauner's proposed cut..
        * Exelon’s Quad Cities Plant Becomes Center of St.....


        * Court monitor says IDOT should clean house on hiring rules
        * Family of man killed by Chicago police sues the city
        * Chicago mayor says state budget is 'wrong approach'
        * Judge grants delay of medical marijuana permit in Kankakee
        * Girl, 15, gets juvenile prison until 21 in sibling's death
        * Illinois medical marijuana patients now number 1,600
        * Up to 10 inches of snow predicted for southern Illinois
        * Canton to blow historic steam whistle 3 times daily
        * Southeastern Container to close Effingham bottle factory
        * Illinois man who took electronic trade secrets avoids prison

        * Judge grants delay of medical marijuana permit in Kankakee
        * State's medical marijuana patients now number 1,600
        * Illinois hires firm to evaluate shuttered Eagle Creek Resort
        * Committee approves plan to plug some budget holes
        * Local men plead guilty to stealing millions from Illinois EPA
        * State superintendent warns of 'perfect storm' for school districts
        * Committee to consider plan for plugging budget holes
        * New state lawmaker Butler officially sworn in
        * State superintendent warns of 'perfect storm' for districts
        * Illinois prisons head out, no permanent replacement named

        * Could Fido and Fluffy be your Amtrak seatmates?
        * Talks to end oil workers' strike to resume next week
        * Cookie deliverer to open second location near Loyola
        * Testosterone drugs like Abbvie's Androgel are overused, FDA warns
        * Why Scott Walker should hope the Supreme Court leaves Obamacare in place


          * Wisconsin Gov. Scott Walker says he will sign right-to-work bill next week
          * Federal jury sides with police officers in fatal shooting, awards no damages
          * 5th suspect charged in 'crash-and-grab' investigation
          * Jury hears of East Chicago murderer's childhood
          * Notre Dame's Hesburgh remembered for his acts of kindness
          * Chicago avoids $20 million payment after renegotiating swap contract
          * Urban Prep student slain near home: 'I ducked and Deonte tried to run'
          * Cook County judge halts medical marijuana license
          * Murder, sex abuse sentencings set for next week in Lake County
          * Family files lawsuit over fatal shooting by Chicago police


          * McDonalds to phase out chicken raised with certain antibiotics
          * Illinois Hires Firm To Evaluate Shuttered Eagle Creek Resort
          * A Universal Language
          * Combat Vets Recreate Lincoln's Hearse
          * 2015 Budget - CapitolView
          * PARCC Standardized Test Causes Problems
          * New Administration Promises Change After Repeated Errors Found In Audit
          * Rauner Tells Cabinet: I'll Take Your Arrows
          * Bat-Killing White-Nose Syndrome Spreads In Illinois
          * The Raw Milk Underground


          * Judge grants delay of medical marijuana permit in Kankakee
          * State's medical marijuana patients now number 1,600
          * Illinois hires firm to evaluate shuttered Eagle Creek Resort
          * Our Opinion: Conquering stress, burnout important for all
          * Michael Gerson: Getting Africa's health systems to be self-reliant
          * Quote of the Day: Wednesday, March 4, 2015
          * Committee approves plan to plug some budget holes
          * Local men plead guilty to stealing millions from Illinois EPA
          * State superintendent warns of 'perfect storm' for school districts
          * New state lawmaker Butler officially sworn in


          * Belleville man gets 15 years for cocaine trafficking
          * Next phase for State Farm Center begins at game's end tonight
          * Weather closures and cancellations March 4
          * Gun, cannabis charges filed against Champaign man
          * Rantoul man charged in cocaine case
          * Man to prison for stealing DVDs
          * Vermilion County Farm Bureau's Ag in the Classroom program
          * Bill would end tuition waivers for state university employees
          * Winter's last stand: Rare March blizzard dumps ice and snow on region
          * Three arrested on drug charges in Williamson County


          * Fox Valley area police reports
          * Bills' additions and Jefferson Award have Jackson upbeat
          * Court monitor says IDOT should clean house on hiring rules
          * How much sugar is in that? WHO says we're eating too much
          * Henderson sharp in return, Brewers beat Wisconsin-Milwaukee

          * George Will: Lawless IRS still stonewallin...
          * Roskam gives Netanyahu painting before con...
          * Opinion: U.S. Congress should be guided by...
          * Reps. Hultgren, Roskam buck Boehner in DHS...
          * Israeli prime minister reminds Congress of...
          * Elizabeth Roskam Readies Bibi's Dome - Rol...
          * Rep. Roskam Introduces Bill to Provide Gif...
          * House Bill Would Ban Gift Tax on Donations...
          * Reps. Marino, Lewis, Roskam Introduce Crit...
          * Rep. Roskam Introduces Bill to Clarify Dut...

          * WaPo, Dennis Ross: Obama has to answer Net......
          * Supreme Court sharply split over major cha......
          * Congressional Dems want to 'shift the focu......
          * Bibi's Speech Is the Dems' Box Canyon...
          * State Sen. Chapin Rose introduces bills to......

          * Day of partisan tensions as Netanyahu speaks...
          * Excerpts from recent South Dakota editorials...
          * Congress Races to Act on Iran After Bibi's......

          * U.S. Supreme Hears Oral Arguments In Obamacare Subsidies Case
          * U.S. Supreme Court Hears Oral Arguments In Obamacare Subsidies Case
          * The Forgotten Emancipation
          * Environmental, Maritime Industry Groups Sound Off On Federal Ballast Water Bill
          * U.S. Senate Unsuccessful In Overriding Keystone Pipeline Veto
          * Congress Approves DHS Funding Bill Without Immigration Rollbacks (UPDATED)
          * Lawsuit Filed Over Fatal Chicago Police Shooting Of Roshad McIntosh
          * Durbin says U.S. Constitution was "fatally flawed" [video]
          * Population decline is just one of Chicago's devastating problems
          * Stamps Calling For Debate In Chicago's 37th Ward Race


          * IEMA Urges People to Prepare for Severe Weather - Tornadoes, floods and severe storms can happen any time of year
          * IDHS helps more than 5,000 individuals with disabilities find jobs - Program offers necessary tools to earn a living wage and become more independent
          * 24th Anniversary Desert Storm Remembrance Ceremony
          * Illinois Department of Human Rights Announces 2015 Spring Training Schedule
          * Snow and Freezing Rain to Impact Travel in Illinois - IDOT Crews Prepared to Battle Winter Weather this Weekend




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