* AP…
A Chicago attorney and anti-corruption campaigner is stressing that a court-appointed monitor is needed to ensure the state’s Department of Transportation is in compliance with political hiring bans.
Michael Shakman’s filing Monday in federal court comes in response to a motion by Gov. Pat Quinn’s attorneys that the governor’s administration’s response to allegations of political hiring in the department had been both “prompt” and “appropriate.” […]
Shakman says the state investigator’s findings are reason enough for the monitor.
* Shakman says a whole lot more than that. From his filing…
The centerpiece of Governor Quinn’s argument is that all the issues identified by the [Inspector General’s] Report have been addressed. As noted above, the Report did not probe the involvement of the Governor’s office and did not state the numbers of transfers that violated the Decree. Thus, whatever the Governor’s responses, they don’t address those issues. Nor are they sufficient to address the identified violations in a manner likely to prevent reoccurrences.
Governor Quinn responded to the Report by directing IDOT to (i) retrain executive staff, who “will be required to attend a Rutan training course,” (ii) annually compare employee job descriptions with actual duties and if there is a discrepancy, “the job descriptions must be clarified,” (iii) hire an outside consultant to review exempt positions and provide updated descriptions to CMS to decide if they are really exempt, (iv) not create new exempt positions until the Governor says to do so, (v) abolish the “staff assistant” title, (vi) create a new definition of “technical” and an oversight board, (vii) “ensure” that all transfers into non-exempt positions are lawful and (viii) review prior audits for compliance.
What is missing in the Governor’s Response? Like the Report, the Governor’s response provided no explanation for the root causes of illegal hiring (in violation of Rutan) or for illegal duty assignments to often-meaningless jobs, followed by illegal transfers to non-exempt positions (both in violation of the 1972 Decree). Rutan and executive orders previously cited by the Governor, June 6, 2014 Response clearly did not prevent illegal hiring, illegal job assignments or illegal transfers. Missing from the Report and the Governor’s response is an analysis of why these violations occurred, the methods used, and structure to give reasonable assurances that violations will not occur in the future. Without that, the Governor’s directives will just be more words on paper.
How meaningful are the Governor’s remedial actions? The Governor is embroiled in a hotly-fought election contest against a candidate who focuses on the IDOT employment mess; the Report describes serious problems with IDOT employment practices, mostly on Governor Quinn’s watch; the Plaintiffs’ motion seeks a monitor to investigate and report, and the right to take discovery. What is surprising is how little the Governor has actually done in response.
(i). Retraining is not a solution because there was training before, as the IG’s Report notes. It did not prevent violations.
(ii). Comparing job descriptions and actual duties may provide more evidence that job titles have been manipulated, but will not address why. It will not prevent new “discrepancies” in a system operated for political purposes, as has occurred since early in the Blagojevich administration. The real question is how to prevent political misuse of job titles. […]
(iv). Freezing creation of exempt positions until the Governor says otherwise may be good public relations, but is not good public policy. Some positions should be exempt. The process of creating legitimate exempt positions should not be suspended until the Governor says otherwise. Rather, proposed exempt position descriptions could be prepared and circulated to Plaintiffs’ lawyers and a monitor. That process has worked well for other governmental agencies subject to Court orders in this case. It results in a credible exempt list approved by the Court.
(v) - (iv). Abolishing the “staff assistant” title, creating a new definition of “technical” and an oversight board fall into the category of closing the barn door after the horses have left. The problem with “Staff Assistants” was not inherent in the position. Rather, hundreds of positions were used to employ people who had clout, but who did little or nothing. Eliminating the “Staff Assistant” job title does nothing to prevent the same misuse of other positions. Nor does defining a “technical” job description and reviewing that determination prevent reoccurrence of patronage practices in other jobs. This case has demonstrated the creativity and willingness of public officials to engage in political manipulations in violation of the Decrees and their own internal written policies. Here “[t]he actions of IDOT officials violated Administrative Order No. 2 (2009) and IDOT’s own personnel policies,” Report at iv, not to mention this Court’s Decree. More than restating the rules is needed. Independent, external oversight is necessary.
(vii) - (viii). Ensuring that all transfers to non-exempt positions are lawful and reviewing all prior audits for compliance are also after-the-fact efforts that do not identify causes, prevent repetition or provide a trustworthy policing mechanism.
All these steps could have a role in a comprehensive effort to devise permanent, long-term solutions. But they appear mainly to be public relations efforts to show that the Governor is doing something – and to support his argument that the Court should do nothing.
*** UPDATE *** From the Rauner campaign…
“Bruce agrees with Michael Shakman that the governor’s phony reforms ignored the underlying corruption inside his administration and will not prevent illegal hiring at IDOT in the future. Pat Quinn said he would end patronage four years ago — he was lying then and he’s lying again today. The only way to end illegal patronage hiring is to submit to Michael Shakman’s call for a federal hiring monitor at IDOT.” - Rauner Spokesperson Mike Schrimpf
- Responsa - Tuesday, Oct 7, 14 @ 3:44 pm:
Hey, it’s just Illinois politics. Nothing to see here. Amirite?
- The Colossus of Roads - Tuesday, Oct 7, 14 @ 3:45 pm:
This will not fix the problem anymore than taking an ethics test will make you ethical. Political hires happen in federal, state, county, township and municipal governments, period.
- Black Ivy - Tuesday, Oct 7, 14 @ 3:49 pm:
Gosh, I am having a hard time keeping up with developments in Governor’s Quinn’s scandals. Maybe an Excel spreadsheet might help? Meanwhile, according to Governor Quinn, IDOT has cleaned up its act simply because he told them to. #ridiculous
- Tim Snopes - Tuesday, Oct 7, 14 @ 3:53 pm:
Courts, save us from ourselves and, while you’re at it, hustlers like Shakman making filing lawsuits against the government.
- Redux - Tuesday, Oct 7, 14 @ 3:55 pm:
Shakman is extremely fond of seeing his name in the headlines.
- Demoralized - Tuesday, Oct 7, 14 @ 4:00 pm:
The state personnel system is already a nightmare. Let’s add one more piece to an already convoluted system.
- Carl Nyberg - Tuesday, Oct 7, 14 @ 4:03 pm:
Shakman? He’s the guy that attests to Rahm Emanuel bringing “good gov’t” to City Hall, right?
BTW, did Shakman’s law firm score any business with Rahm supporters or banks when he pronounced Rahm’s City Hall to be free of political hiring?
- Soccermom - Tuesday, Oct 7, 14 @ 4:05 pm:
Well, if Shakman says it’s public relations, then it must be public relations. Because he’s the expert on that…
- Carl Nyberg - Tuesday, Oct 7, 14 @ 4:05 pm:
And if Shakman is a Rahm ally, is it crazy to wonder if he’s got a deal with Bruce Rauner? Any Rauner companies or allies just hire Shakman’s firm?
- Southern illinoisan - Tuesday, Oct 7, 14 @ 4:10 pm:
This a serious issue that goes to the heart of the Quinn administration. Do we accept more of the same “Illinois politics” or do demand some accountability? An independent hiring monitor that could overhaul the hiring process and that it was is needed — an overhaul and not just pandering to act like something is going to be done. Gov Quinn does not accept responsiblity for the IDOT scandal. He knows it was going on and whether he admits or not was sanctioning it.
Voters should stop saying this is the way it is Illinois. Demand more and don’t acct the same old excuses.
- CircularFiringSquad - Tuesday, Oct 7, 14 @ 4:10 pm:
Still waiting for IL media to ask who is footing the Shakman bill….like the p.r and is not known to work for free. Wonder if Mitt’s rental payments to BGA are involved. Hmmmmmmm!
- Meanderthal - Tuesday, Oct 7, 14 @ 4:15 pm:
Pat Quinn is in a public fight with Mike Shakman on the issue of patronage and corruption.
I think I will sit down and watch this one.
- Ginhouse Tommy - Tuesday, Oct 7, 14 @ 4:18 pm:
Southern I agree with you but asking the State of change its hiring practices is like asking a fish not to swim. Not gonna change.
- Cassandra - Tuesday, Oct 7, 14 @ 4:20 pm:
“Rather, hundreds of positions were used to employ people who had clout, but who did little or nothing. Eliminating the “Staff Assistant” job title does nothing to prevent the same misuse of other positions.”
Ah, a peek into the real Illinois state government. Lots of folks in low-work jobs, as I have long suspected. Probably not confined to IDOT either. This might be a there they go again moment, except that our state income taxes are almost certainly going up, and then going up again, at least in part to pay for it.
- Arizona Bob - Tuesday, Oct 7, 14 @ 4:24 pm:
Shakman has probably done more to impede corruption in Illinois than anyone in the last century,even the fabricated, imaginary Elliot Ness remebered in legend. The guy deserves respect and thanks. This had to have hurt him financially. For a private lawyer to do this is absolutely incredible. Cut the guy some slack, political hacks!
- West Side the Best Side - Tuesday, Oct 7, 14 @ 4:38 pm:
As much good as Michael Shakman may have done in the past when he was willing to let the City of Chicago be “Shakman free,” I thought he was losing it. Have to ask the same questions as Carl Nyberg about this one.
- Big Muddy - Tuesday, Oct 7, 14 @ 4:39 pm:
All Quinn has done at IDOT is put lipstick on a pig in hopes people think it looks better. It still smells, it still links and it still ain’t pretty.
Starting with tomorrow’s NRI hearings Quinn is going to take a beating. A well earned one at that.
- Big Muddy - Tuesday, Oct 7, 14 @ 4:40 pm:
*oinks* although links sound pretty tasty right now…
- Aqua Buddha - Tuesday, Oct 7, 14 @ 5:22 pm:
- This had to have hurt him financially. -
Laughable.
And why don’t you look into the millenium park grill deal, I’m guessing Shakman didn’t negotiate that one pro-bono.
- Hotel Ibiza - Tuesday, Oct 7, 14 @ 5:27 pm:
Two of Quinn’s Achilles heels….. Governor Pat Quinn’s admitted in court that he is under an ongoing Inspector General investigation for allegedly ‘filling hundreds of positions’ at the Department of Transportation. This comes on top of another investigation over Quinn’s alleged political slush fund for the the Neighborhood Recovery Initiative. Governor Lily White is heading for major problems.
- wak - Tuesday, Oct 7, 14 @ 5:36 pm:
Can and would Rauner do any better? Based on his political campaign and the information we know about his business dealings and management style I would imagine the answer is No he will keep on keeping on and when someone try to blow the whistle on it he will “bury them” and make them “radioactive.”
- Macbeth - Tuesday, Oct 7, 14 @ 6:14 pm:
Given Rauner’s penchant for threats, violent imagery, and general thug-like conduct, I suspect Rauner would do no better — and would, in fact, create a multitude of hostile workplaces/agencies.
What’s behind this is surely some Rauner/Shakman deal — and money, I suspect. Lots of washed dollars.
- Mister M - Tuesday, Oct 7, 14 @ 6:57 pm:
I’ll go with Arizona Bob. Mr. Shackman should be afforded some slack. From the linked filing and its exhibits, a quick look indicates that plugging people in at the “right” pay is what’s important rather than any sort of qualifications or experience. It seems that in placing a “high-ranking” policy maker worthy of an appointment some mention of qualifiactions would arise.
- Old Sarge - Tuesday, Oct 7, 14 @ 7:04 pm:
Southern Illinoisian - Yes I agree that it is a serious issue. Do I think that a Rauner administration or any other administration would do things differently. NO WAY!!! This is the way things are done in every state, county, city or village. It is also the way things are usually done in private business - someone knows someone else and recommends that person to his/her boss. Get Real!
- Mighty M. Mouse - Tuesday, Oct 7, 14 @ 7:05 pm:
I don’t know if Shakman is pursuing good government, doing Rahm a favor, or just looking to feed off the taxpayer dollar.
Rather than going with the plaintiff’s or the defendant’s brief, I’m going to stick my neck out and just wait for the judge’s decision(!) because the judge, unlike the parties, will hopefully be objective and take ALL the briefs into consideration.
I think just agreeing in advance with the judge is the most sensible choice and the best way to maximize the odds of avoiding making myself look foolish in the end.
What’s that? There’s been no decision?
–That’s ok. I’m so patient, I can wait!
- Old Timer - Tuesday, Oct 7, 14 @ 7:07 pm:
If the public only new all the shenanigans at IDOT. I have watched individuals get a job they were not qualified for and instead of firing they are promoted and moved to Traffic Safety or Aeronautics that have both become dumping grounds.
- Under Further Review - Tuesday, Oct 7, 14 @ 7:45 pm:
But was Quinn using the governor’s office, to paraphrase the late Mayor Harold Washington as “an easel” for his “public relations” work?
- roadbuilder - Tuesday, Oct 7, 14 @ 9:31 pm:
No staff assistants have been laid off and only 2 state planes have been sold, due to reserve prices set high on purpose. Both of these supposed actions by Quinn (layoffs and selling state planes) were 100% PR stunts that were only done to quell the outcries by the media and Rauner’s camp. Otherwise, it would be business as usual for Quinn: wasting money and continued patronage.
- Gone, but not forgotten - Wednesday, Oct 8, 14 @ 5:39 am:
-roadbuilder is 100% correct! Furthermore, because of the union protections, the staff assistants will not be going anywhere except back in their holes, doing nothing, and collecting a paycheck and benefits until they’re ready to crawl away. The monitor is definitely needed, not only for hiring practices, but also for performance monitoring of not just new hires, but also existing, as they are all falling down on the job. The top brass is not without fault on this one either–they may have no control on who is hired, but they certainly got their hands tied when it came time to supervise, evaluate and discipline the lazy, entitled, rewarded personnel. They can train and re-train, hold countless leadership and ethics classes, but right now it is not working. Substantial and consequential action needs to be taken, not public relations for Quinn.
- Del Clinkton - Wednesday, Oct 8, 14 @ 7:48 am:
Southern Illionisan: As long as the exact same procedure is in place for downstate Illinois prisons. No more political hires for jobs in the prisons.
While we’re at it, lets break up the Prison workers unions. How big of a pension should you get for tossing someone a bologna sandwich in a cage? Really.
- steve schnorf - Wednesday, Oct 8, 14 @ 8:32 am:
Hyperbole obscures rational discussion
- Sick of It All - Wednesday, Oct 8, 14 @ 1:01 pm:
THERE SHOULD BE A MONITOR(S) FOR ALL STATE AGENCIES, NOT JUST DOT, THE TIP OF THE ICEBERG (ALBEIT A BIG TIP), I HAVE WORKED FOR MULTIPLE AGENCIES AND THEY ARE ALL CORRUPT WITH LAZY POLITICAL HIRES AND MANAGEMENT FAVORITISM. ILLINOIS IS AN EMPLOYMENT SHAM! AND IT DIDN’T START WITH BLAGO….NO WONDER WE’RE THE LAUGHINGSTOCK OF THE NATION AND UNDERPERFORMING IN MOST CATEGORIES. I BLAME THE LEGISLATORS TOO. THEY PUT “THEIR” PEOPLE “IN”.