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*** UPDATE *** Read the lawsuit by clicking here.
* Gov. Pat Quinn said last week that he was still working on a solution to the crisis he created when he vetoed out the appropriations for regional superintendents’ salaries. But the superintendents filed suit on Friday, saying that they have exhausted all options with the governor.
I’ve asked for a copy of the lawsuit, but haven’t received it yet. I’ll post it when I get it…
The Illinois Association of Regional Superintendents of Schools said it had no choice but to take the dispute to court after trying for weeks to reach a compromise with Quinn. “We have exhausted all options in working with the governor’s office,” said Bob Daiber, president of the association and regional superintendent for Madison County. […]
“Having missed three consecutive pay periods has generated real hardships on association members that face mortgage payments, property tax bills and monthly cost of living expenses,” Daiber said in a statement. The lawsuit says one superintendent is now on an unspecified form of welfare.
The lawsuit, filed in Sangamon County Circuit Court, points out that the General Assembly created the offices in 1975, replacing what until then had been county superintendents. It argues Quinn doesn’t have authority to block the salaries of duly elected public officials. Even if the money specifically earmarked for their salaries is vetoed, the lawsuit claims, the State Board of Education must pay the salaries out of other funds.
* More…
The lawsuit argues that it is unlawful for the state to refuse to pay the regional superintendents’ salaries. The State Board of Education is required to pay salaries that are set by law, the suit says.
“It’s not up to us to create a law to pay ourselves,” Anderson said. “The law already exists, and we’re carrying out the responsibilities we’ve been elected to do, but we’re not being paid.”
Regional offices serve many functions, and Anderson said some of the major ones her office is responsible for are providing professional development and training for teachers, providing assessments to educators for certification and certificate renewal, acting as compliance officers and monitoring school compliance, conducting GED testing and assisting students and families through homelessness assistance and truancy programs.
Defendants listed in the lawsuit filed Friday include Quinn, Superintendent of Education Christopher Koch, members of the State Board of Education, Quinn budget director David Vaught and state Comptroller Judy Baar Topinka, while plaintiffs include Shannon Fehrholz, assistant regional superintendent for Sangamon County, whose husband is serving with the National Guard in Afghanistan, and Monte Newlin, regional superintendent of Clay, Crawford, Jasper, Lawrence and Richland counties, who has said he was forced to apply for food stamps to feed his wife and triplets because he has no income.
* My syndicated newspaper column is about the regional superintendents…
Way back in 1981, Gov. Jim Thompson got into a fight with the Illinois General Assembly over who should fund the salaries of county state’s attorneys.
By law, Illinois was on the hook for two-thirds of those salaries. Thompson originally proposed paying all of the state’s share, then decided that locals should pick up the tab and not the state. The General Assembly negotiated a deal with the governor to pay 80 percent of the required funding. But Thompson turned around and vetoed the entire appropriation.
The state’s attorneys all of a sudden weren’t getting paychecks and threatened to sue, county governments were enraged at having this financial hardship dumped on them, and the General Assembly worked itself into an uproar over Thompson’s decision to break their deal. Caught between a rock and a hard place, Thompson made an unprecedented move and simply declared that he’d “unvetoed” the appropriation. Democratic Comptroller Roland Burris announced that he would recognize the “unveto” as legitimate and go ahead and pay the state’s attorney salaries.
The premise was that since the General Assembly had not convened since the original veto and, therefore, hadn’t yet entered Thompson’s veto into the record as received, the original appropriation veto wasn’t completely official. The state’s attorneys were paid and all was forgotten.
Does this sound familiar to you?
It should.
Gov. Pat Quinn has put himself into the same trick box as Big Jim did all those years ago.
Quinn has tried to get rid of state funding for regional superintendents of schools for at least the past two years.
There are good arguments on both sides of this issue. The regional superintendents say they are mandated by the state to carry out a long list of specific statutory duties. Some districts find their work highly beneficial.
Another argument is that the superintendents are a needless layer of bureaucracy. When Cook County’s regional superintendent was abolished, hardly anybody noticed the difference, except for the money saved.
Quinn’s position is that regardless of whether these superintendents are needed or not, local taxpayers ought to be picking up the tab for their salaries. They are local elected officials, after all. And like countywide state’s attorneys, they ought to be paid for with local cash so the state can concentrate on using its resources elsewhere; especially since federal education funding has drastically declined since President Barack Obama’s stimulus program ended.
But once again, Quinn lost the argument with the General Assembly. The Legislature provided $11.3 million in state funding for the salaries of regional superintendents and their operating budgets.
Then, in a surprise move, Quinn vetoed all that state funding out of the budget.
No regional school superintendents have been paid since the state’s fiscal year began July 1st. The uproar has been as loud as it was predictable.
So, it may be no surprise to learn that a Thompsonesque unveto “solution” now is being pushed by some folks to solve the crisis that Quinn created. Quinn, some say, should just realize he made a mistake and undo his veto.
The push comes after the latest plan to resolve the situation fell flat on its face.
The Quinn administration wanted the Illinois State Board of Education to use its personnel budget to pay the regional superintendent salaries. Comptroller Judy Baar Topinka agreed to pay the salaries through the board if the deal could be cut, but the state board refused, worried that it might not be legal and that even if it was, the General Assembly wouldn’t replenish their already slashed personnel budget when the Legislature reconvenes this fall. Nobody really expects Quinn to follow in Thompson’s footsteps, however. Unlike Quinn, Thompson was never accused of being a chronic flip-flopper. And despite Thompson’s established precedent, Quinn would be mercilessly hammered in the media for making such a move. Plus, even with all the flipping and the flopping, Quinn absolutely hates to admit to being wrong.
The governor said last week that he was still looking for a way out of the problem, preferably through local funding. But that may have to wait until the late October legislative session. It’s a heck of a long time to live without a paycheck.
Discuss.
posted by Rich Miller
Monday, Aug 22, 11 @ 9:45 am
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To those that say we do not need the ROE Superintendents, I say first change the law. You may have an excellent point.
BUT
Pat “I’ll do what I want and damn the consequences” Quinn is breaking the law, in much the same way he is choosing to ignore contracts with the employee unions. If his treatment of state workers enrages you, you should be equally enraged with his current behavior.
Comment by Cincinnatus Monday, Aug 22, 11 @ 9:57 am
can we get rid of the ones where the districts don’t “find their work highly beneficial”???
Comment by bored now Monday, Aug 22, 11 @ 9:58 am
How ironic, since Daiber was a big supporter of Quinn.
Comment by Louie Monday, Aug 22, 11 @ 10:09 am
Always find it amazing that when the State’s own employees don’t get paid there is a huge uproar with lawsuits etc.
Vendors don’t get paid…just another day at the office.
Once again I say that EVERYONE get paid in the same order regardless of standing. This whole mess would be cleaned up in 2 months.
It would make Greece, Wisconsin & Katrina protests look like a walk in the park.
Comment by BIG R. Ph Monday, Aug 22, 11 @ 10:09 am
So we are bound to follow the follow the law but PQ is not.
If we are to be a nation of laws, then lets do things the right way. It may be slower and messier but if it is the right thing to do. Civil disobedience from within the government is an oxymoron.
Comment by Plutocrat03 Monday, Aug 22, 11 @ 10:09 am
Plutocrat03: we follow the law??? really?????
so you always go by the speed limit? stop at all the stop signs? pay your taxes? wear your seat belt?
i’m eager to meet the person who has never broken a law. i figure such a person should be able to throw stones, but i’m skeptical that such a person exists…
Comment by bored now Monday, Aug 22, 11 @ 10:17 am
bn, Plutocrat said “we are bound to follow the law,” not that he followed all laws all the time.
Comment by Rich Miller Monday, Aug 22, 11 @ 10:24 am
I agree with Cincinnatus. Change the law and then you can change the funding. Until then just pony up the money that is owed. As to if the offices need to exist that is an entirely differnt question but someone has to do the work with which they have been charged with. You have to give the regional sups credit for doing their jobs despite the mess that Quinn created for them.
Comment by Kerfuffle Monday, Aug 22, 11 @ 10:37 am
I wonder if there could be grounds for a civil suit against the Governor for illegal actions (if proven as such in the above suit) causing considerable pain and suffering to the families involved. Usually, state officials can’t be sued for stuff like this, but if his action is proven to be unconstitutional, I wonder…
Comment by Amuzing Myself Monday, Aug 22, 11 @ 10:44 am
rich: i figure pat quinn is “bound to follow the law” as much as plutocrat. hope i didn’t confuse anybody!
i get this is one of those extra layers of government (and, i would have thought, taxing districts) that are so prolific in illinois, but i’m still trying to understand why (what do they do that another layer of government and/or taxing district doesn’t)…
Comment by bored now Monday, Aug 22, 11 @ 10:49 am
Plutocrato3 and Cincinnatus are right on. We teach our students that one of the primary responsibilities of the executive branch of government in the United States is to enforce the law. Article 3 of the Illinois School Code (105 ILCS 5/3 et seq.) clearly outlines the state’s expectations for duties of regional superintendents and their assistants. It also clearly defines the state’s responsibility for funding the salaries of those individuals. Their duties are related not to local laws but to state regulations.
Comment by soupperk Monday, Aug 22, 11 @ 10:50 am
There sure is a need for someone to study the ripple effects of decisions before they are announced/acted on. Also agree with Big R. State employee salaries are apparently the most important budget item. All those vendors….too bad, their signed purchasing agreements/contracts are obviously less equal.
Comment by zatoichi Monday, Aug 22, 11 @ 10:52 am
Man, when you really take a hard look (and sometimes a subtle glance) at Pat Quinn’s maneuvers, it is clear that this guy can screw up anything. He is such a bumbling clod and seems to have no politcal instincts at all.
Comment by Stooges Monday, Aug 22, 11 @ 11:01 am
Zatoichi,
You’re asking the governor and his staff to think before they act? That may be asking for a bit too much.
The regional superintendents have been more than patient with this administration.
Rich was right with his previous column about the issue and how the governor has a tendency to create problems so he can be the hero solving them.
Comment by Downstate Illinois Monday, Aug 22, 11 @ 11:56 am
In Quinn’s first year, union and now education leaders have taken him to court.
This is just painful to watch, and he still has three more years to go.
Comment by Regular Reader Monday, Aug 22, 11 @ 12:04 pm
I would not describe the ROE’s as an unneeded layer of government. They are the primary contact point for schools with questions about new rules and laws, they consolidate and coordinate training (and save money for districts by doing so), and provide a variety of other services to local schools. There are many tasks that are too small for any but the largest schools to perform efficiently; the ROEs consolidate those functions. Eliminating the ROEs would make the system less efficient.
Comment by Pot calling kettle Monday, Aug 22, 11 @ 12:38 pm
The entertaining aspect of this is the that Tribune has campaigned for years against the unnecessary and duplicative office of regional superintendents. But now they can’t punch their favorite punching bag PQ because he is on their side, more or less, in this one.
Comment by DuPage Dave Monday, Aug 22, 11 @ 12:38 pm
Actually the law doe not say that the State or anyone else has to pay their bills. It just sets fourth a procedure that can be followed if they do not. In the case of the State the procedure is to sue in the Court of Claims. If you win you get your money - when the Legislature appropriates it. Of course this is a simplistic view but it looks like it is going to end up applying to this case.
Comment by Bigtwich Monday, Aug 22, 11 @ 12:45 pm
Pot calling kettle: sorry, i fail to see the difference between district superintendents and regional school superintendents except that the former are educators who have an actual knowledge of school systems and regional school superintendents don’t have to bring any knowledge to their roles. electing people as regional school superintendents only make them prone to corruption (it is, after all, the illinois way). here’s hoping quinn wins on this one! if they still want to operate to make the system more efficient, then that would be a noble task…
Comment by bored now Monday, Aug 22, 11 @ 1:24 pm
My bigger question is why have they waited so long to sue?
Comment by Kerfuffle Monday, Aug 22, 11 @ 1:24 pm
Bored Now - My regional sups have been educators for as far back as I can remember and have done a great job with their office. Do you have any statistics on how many ROE’s are run by non-educators?
Comment by Kerfuffle Monday, Aug 22, 11 @ 1:27 pm
===why have they waited so long to sue? ===
Because they were trying to work out a solution. That effort fell apart.
Comment by Rich Miller Monday, Aug 22, 11 @ 1:36 pm
It would be great to see my Republicans, or anyone, craft a bill that methodically eliminates this layer of government, while responsibly spreading the important parts of the job to existing superintendents. For Republicans, especially, this would allow them to agree with saving money and slimming govt, while still being able to (justly) criticize Quinn’s bumbling methods. Step up, leaders!
Comment by Liandro Monday, Aug 22, 11 @ 1:46 pm
bored now,
The Regional have responsibilities concerning teacher certification, continuing education and many other mandated duties. Until legislation addresses the mandates, the state is obligated to fulfill its part. Right now, if the ROE Superintendents walked off their jobs, many schools would not be able to open.
Comment by Cincinnatus Monday, Aug 22, 11 @ 1:48 pm
Rich,
Boy, would I like to have seen those negotiations. It must have been like the Ben Stein lecture scene in Ferris Bueller, with Quinn playing the part of the sleeping, drooling student.
http://www.youtube.com/watch?v=dxPVyieptwA
Comment by Cincinnatus Monday, Aug 22, 11 @ 1:51 pm
Cincinnatus: i have no doubt that there are some changes that need to be made in the law, but i do think this is a great place to start (well, one of the great places to start) in the discussion of the consolidation of various government bodies in order to save the taxpayer’s money. there may need to be consolidation of school districts, as well (which i’d support). we need to drag illinois government into the 20th century, away from the agrarian model that prompted all these different taxing authorities, yada yada yada…
Comment by bored now Monday, Aug 22, 11 @ 2:45 pm
I absolutely agree with you, bored now. 100%. But the discussion of the reduction of levels of government needs to take place within the legislature (after we talk about it here on CapFax, of course), not to create a de facto elimination of their ELECTED positions by executive fiat by our imperial governor.
Let’s get rid of 10% of the taxing entities. At least.
Comment by Cincinnatus Monday, Aug 22, 11 @ 2:59 pm
Quinn accused Rahm of putting the cart before the horse. In this case, Quinn did exactly that. If you don’t think that the positions should exist, do away with them legislatively. Choosing not to pay them is a cop out.
Comment by Aldyth Monday, Aug 22, 11 @ 3:16 pm