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IDOT hiring monitor issues first report

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* Sun-Times

A federal court-appointed monitor said Wednesday she wants to sign off on all political hires, promotions or transfers within the problem-plagued Illinois Department of Transportation until the agency audits its employment mess.

Special Master Noelle Brennan also said the ability of Gov. Bruce Rauner’s new IDOT director to fire “at will” past IDOT political appointees has been “undercut” by the transfer of many of such hires into union positions that carry job protections.

The paper’s story is pretty comprehensive, so go read it all.

* To the report itself, which is here. This item comes as absolutely no surprise, but we can probably expect to see some names mentioned in the near future, so expect some juicy headlines

Although the full extent and influence of political manipulation is still under investigation, a preliminary review reveals that numerous elected officials have sought to influence a range of job actions at IDOT, including, hires, transfers, promotions, and raises. Many of these politically favored individuals appear to lack any specialized experience or skills that uniquely qualify them for IDOT positions, but were nonetheless selected for positions and promotions outside any competitive process, in violation of the Rutan principles.

Moreover, IDOT employs numerous family members of politicians or senior IDOT officials in ostensibly “exempt” positions, although many of those individuals perform routine duties. This results in the exclusion of other, more qualified individuals, from consideration. […]

The OEIG Report identified a number of Staff Assistants that had political connections. Additionally, the OEIG Report identified a number of Staff Assistants with a family member in a senior IDOT position. The OEIG Report explained that the political connections of the Staff Assistants were determined primarily on reviewing the resumes of the Staff Assistants. Our initial review of the testimony provided by witnesses and application materials found that, beyond the individuals identified in the OEIG Report, at least an additional 30 Staff Assistants appeared to have political connections or a relative in a senior IDOT position. Our initial review also suggests that certain elected officials are more heavily involved in making recommendations for employment to IDOT than others. We believe further investigation is warranted to determine both the breadth of political influence in IDOT’s employment practices and the processes that led to IDOT’s acting on the political recommendations.

* She’s also alleging collusion between IDOT and labor unions

Additionally, due to questionable agreements between IDOT officials and certain unions, IDOT’s ability to comply with the Rutan principles going forward is compromised. These agreements, which have resulted in the unionization of numerous Rutan-exempt positions, have undercut the new administration’s ability to exercise its rights under the Rutan principles. Now, although IDOT has hired hundreds of individuals based on political factors, because of the terms of existing union contracts, IDOT’s new administration may not be able to fire those same individuals, based on political factors.

Gov. Rauner’s spokesman responds…

“The report confirms that previous governors were engaged in a corrupt bargain with government unions, making illegal political hires and putting them into protected government union positions. Governor Rauner is committed to reversing the illegal hiring scheme and enacting civil service reforms that will prevent these types of abuses from happening in the future.”

* Back to the Sun-Times story

.

Brennan reported Wednesday that “there is evidence concerning the involvement of the [Pat Quinn] Governor’s Office that has not been fully explored” and “further investigation is required into the Governor’s Office’s role in the misuse of the position” of staff assistant.

Oof.

* OK, let’s switch to the AP’s coverage

The monitor’s preliminary report, part of a federal lawsuit by anti-patronage activist Michael Shakman against the Illinois Department of Transportation, said Gov. Bruce Rauner’s administration should freeze hires and transfers in some IDOT positions until conflicting hiring and union rules are rectified. […]

[Brennan] said the agency should identify every position in which an employee theoretically can be hired or fired at will but also has collective-bargaining rights that restrict terminations.

Rauner, who’s making noise in union-friendly Illinois with plans to control labor’s influence, balked at the special master’s proposal to freeze activity in those jobs. Rauner’s office said that while the Republican is “committed to reversing” illegal hiring, the proposal would mean leaving critical IDOT positions vacant.

* Actually, Brennan wrote this

Although the State agreed in principle with this recommendation, it did not agree to implement it on the ground that the recommendation could cripple some current IDOT operations.

As an example, the State noted the need to hire four attorneys into Rutan-exempt union positions in IDOT’s Office of Chief Counsel. Although we understand and appreciate the State’s reasons for not agreeing to implement this particular recommendation, we cannot overemphasize that, failing to stop the hiring, transferring or promoting of individuals through the Rutan-exempt process, into union covered positions, at least until a complete job audit is completed, all but guarantees future violations of the 1972 Decree and compounds the existing difficulty of reconciling the rights of current governmental employees, as demonstrated by the pending Teamsters litigation.

Look, there are things the state has to do. And some things just can’t wait for a hiring process fix, no matter how much that fix may be needed.

I don’t think the Rauner administration is being unreasonable here, and Brennan isn’t exactly furious, either. The easy road is to scream “Rauner is violating his campaign promise!” The truth, like governing, is much more complex.

posted by Rich Miller
Thursday, Mar 5, 15 @ 11:03 am

Comments

  1. Sounds as corrupt as appointing someone with an extensive and impressive agricultural background to IDOT. I know, it’s an appointment, but still should be based, at least partially, on knowledge, skills and abilities appropriate for the job.

    Comment by AC Thursday, Mar 5, 15 @ 11:08 am

  2. A minor point, but this is a troubling standard:

    The OEIG Report explained that the political connections of the Staff Assistants were determined primarily on reviewing the resumes of the Staff Assistants.

    Having worked with or for part of the political process in the past cannot be an automatic disqualifier. I get that it’s hard to develop a standard that’s both fair and usable but I think this standard needs more work.

    Comment by The Captain Thursday, Mar 5, 15 @ 11:16 am

  3. She’s not necessarily alleging collusion. Unions try to protect and organize as many positions as they can- that doesn’t mean they are colluding with anyone. She may be alleging the agreements are questionable on IDOT’s part because they restrict its ability to exercise Rutan rights, but who knows what IDOT got on its end of the bargain? This may just be a judgment call on her part, and after watching her in Chicago, her judgment is anything but infallible.

    Comment by chi Thursday, Mar 5, 15 @ 11:16 am

  4. This is really not news to anyone who has worked for the state and does not occur just at IDOT. The truth is normal hiring practices are ignored when convenient and that will never change. Yes some positions are needed sooner rather than later but those are made by people downtown and that can take some doing.

    Comment by Ginhouse Tommy Thursday, Mar 5, 15 @ 11:17 am

  5. I know of two people who were hired through their political connections and were in do-nothing jobs, people that were on the state payroll and a campaign payroll at the same time, and are still at IDOT. I can only assume they manipulated the system to be in a union-protected role at this point.

    Comment by Not it Thursday, Mar 5, 15 @ 11:20 am

  6. What about the corrupt personnel moves at other agencies?

    Comment by ME Thursday, Mar 5, 15 @ 11:26 am

  7. Captain - I am not sure I understand your point. Why does the state NOT utilize resumes for union positions? Why does the state rely almost solely on an applicant’s or bidder’s test results and interview? This cuts both ways, and IDOT especially could stand to benefit by considering past experiences and qualifications. I think this is a major fault of the Rutan precedent. A “blind draw” (so to speak) is also not an efficient or fair way to implement “fair” hiring practices.

    Comment by Team Sleep Thursday, Mar 5, 15 @ 11:28 am

  8. TS, they’re trying to root out political hires or hires due to political influence, which is admirable, but the standard has to be something that demonstrates actual political influence rather than simply reviewing a candidate’s resume and ruling out anyone who has worked as part of the political process in the past.

    Comment by The Captain Thursday, Mar 5, 15 @ 11:32 am

  9. ==Why does the state NOT utilize resumes for union positions? Why does the state rely almost solely on an applicant’s or bidder’s test results and interview?==

    Because they have to when it comes to a union position. Agencies get a list of those who applied and got an A grade (or those who were already on the list with an A grade). They interview those people. If there’s a veteran they have to hire that person. If there’s not then the interview dictates who gets hired.

    Comment by Demoralized Thursday, Mar 5, 15 @ 11:33 am

  10. By the way, I agree with you. The process needs to change.

    Comment by Demoralized Thursday, Mar 5, 15 @ 11:34 am

  11. Even as Gov. Quinn was attempting to take more management jobs out of the union (jobs that had largely been unionized due to workers petitioning to get in after they saw how unfairly they were treated as non-union managers), his administration was also stuffing the ranks of the union with political hires (who would ostensibly be placed in government to carry out the administrations policies?). Hard to follow the shell game here, and I question how willing an accomplice the union was, other than to welcome additional members to their ranks.

    I am also questioning why the 4 attorneys IDOT wants to hire need to go in the union. I’ll bet there are not 4 practicing attorneys in my town that belong to a union.

    Comment by Six Degrees of Separation Thursday, Mar 5, 15 @ 11:36 am

  12. =I’ll bet there are not 4 practicing attorneys in my town that belong to a union.=

    That’s a reason for more attorneys in your town to join a union. I don’t know what else it is supposed to mean…

    Comment by chi Thursday, Mar 5, 15 @ 11:42 am

  13. I find the collusion issue a little dubious. From personal experience a lot of Rutan folks were seeking union protection due to the MC pay freeze. I’ll withhold final judgment for when I have more time to read the report.

    Comment by Norseman Thursday, Mar 5, 15 @ 11:44 am

  14. Good. Fix it.

    Comment by walker Thursday, Mar 5, 15 @ 11:48 am

  15. Resume or not…the state needs the right people in the right place conducting proper hiring and management practices at ‘all times’.

    Comment by Anonymous Thursday, Mar 5, 15 @ 11:48 am

  16. In the days before Balgojevich, the only technical positions at IDOT covered by the union were lower level positions. Almost all management level positions were non-union and covered by Rutan. After our dear Blago took office, he did indeed cut deals with the unions to allow virtually everyone at IDOT to be in the union, and then he proceeded to give only union employees raises for the length of his reign. So all managers wanted in the union so they could share in the raise bonanza that Blago and Quinn agreed to. All while the unions gave huge $$ to their campaigns. As a result, as Rauner has noted, most IDOT technical employees are being paid higher than market wages due to 10+ years of fat raises.

    To top it off, in the last 14 IDOT has hired embarrassingly entry level engineers and technicians, but their buildings are full of Democrat cronies that are now in the union. IDOT is a mess created by the Blago/Quinn team. It is a wonder they can do as good a job as they can with the brain drain and poor morale.

    Comment by Stooges Thursday, Mar 5, 15 @ 11:51 am

  17. sorry… “in the last 14 years IDOT has hired embarrassingly few entry level engineers…”

    Comment by Stooges Thursday, Mar 5, 15 @ 11:52 am

  18. That’s a reason for more attorneys in your town to join a union. I don’t know what else it is supposed to mean…

    A white collar profession like a degreed attorney would not need a union card in 99.99% of job opportunities out there. Why the state has these positions classified as unionized, but Rutan-exempt, is a stumper for me. It’s a minor detail in the overall story, but IDOT is claiming a union-position hiring freeze will handcuff them in hiring these 4 attorney positions.

    Comment by Six Degrees of Separation Thursday, Mar 5, 15 @ 11:53 am

  19. It’s pretty simple. IDOT needs engineers - not hacks. Engineers have credentials and are not dependent upon connections. The waste in IDOT is disgusting.

    Comment by Math major Thursday, Mar 5, 15 @ 11:55 am

  20. Before the Ryan early out and then the Blago hiring freeze and exec order putting all hiring through the Gov’s office, Rutan worked because it was easier people and there were more open positions. First, you would hire all the veterans. Then hire a large enough pool that your guy/gal gets hired. Weed out the ones you don’t want during the probation period. Also, coach your candidates on what boxes to check and words to use at CMS so they get a good grade. Set the window to get an application and grade at CMS so small that few apply. The grading part of the system is a complete joke. Because of the screwed up Blago hiring process and no way to hire enough people to game Rutan, you end up with the mess at IDOT and the same mess in a lot of other agencies. Blow the whole thing up and start over. Why hasn’t Rauner repealed Blago executive order that started the EPAR system? Or did I miss that?

    Comment by 100 Miles West Thursday, Mar 5, 15 @ 11:59 am

  21. Stooges-

    Something doesn’t add up. If the technical people at IDOT are being paid over market wages, why would there be a “brain drain” as you put it? Knowing that IDOT engineers often leave for the private sector, and rarely move in the other direction, I am thinking you really mean that the pay scale at IDOT rewards cronies and hacks (”who are overpaid”) as well as shining stars (”who are probably underpaid compared to what they could get on the outside”), and this is one factor in a decline in morale.

    Comment by Six Degrees of Separation Thursday, Mar 5, 15 @ 11:59 am

  22. D - yes, it needs to change. I think a combo of all factors would be fine. That would allow for testing and veterans preference to be combined with consideration of previous experience and references.

    Comment by Team Sleep Thursday, Mar 5, 15 @ 12:03 pm

  23. Agree with The Captain.

    Legally, it would be a fundamental breach of the First Amendment to preclude someone from employment in government because they had volunteered for or been employed by a political action committee, candidate, or referendum cause.

    So why then, is that mere fact admissible as evidence of wrongdoing?

    Comment by Juvenal Thursday, Mar 5, 15 @ 12:06 pm

  24. Don’t bet on the veteran’s preference in any of these positions either. I know from practical experience of my husband interviewing with a veteran’s preference and the job going to a political person instead.

    Comment by anon Thursday, Mar 5, 15 @ 12:17 pm

  25. Six Degrees- many good engineers left in 2004 - 2008 because they were not yet in the union and it was apparent there would be no raises for merit comp people. Technical personnel have stopped leaving the agency, but now many are retirement age (which is 52 at state agencies these days).

    Comment by Anonymous Thursday, Mar 5, 15 @ 12:21 pm

  26. One of Pat Quinn’s parting gifts.

    Speaking of which, has he finished that end-of-term report for Rauner and the ILGA yet? The one he promised to have done shortly after the inauguration?

    Comment by Formerly Known As... Thursday, Mar 5, 15 @ 12:30 pm

  27. “It’s pretty simple. IDOT needs engineers - not hacks. Engineers have credentials and are not dependent upon connections. The waste in IDOT is disgusting. ”

    I am entitled to more credential letters after my name than most engineers. All those letters mean is I paid a bunch of money, took some tests that I was fortunate enough to pass. Officially, I am more qualified than the average engineer at what I do. What the letters really mean is that I was trying to keep up with a best friend. Unfortunately, the letters don’t mean a thing to IDOT because they don’t understand what they mean or why they are any good.

    My credentials didn’t do anything for me.

    Comment by Huh? Thursday, Mar 5, 15 @ 12:34 pm

  28. There is a need to look at other agencies. Positions funneled through contracted agencies. Also, “veterans preference” sounds nice, but gets “gamed” constantly.

    Comment by south side Thursday, Mar 5, 15 @ 12:42 pm

  29. I had a friend that was hired as a Union Laborer at a State Highway Dept. garage during the Edgar administration. Back then the job required joining the Laborers Union, an endorsement from the County Republican party Chairman and making a $500.00 donation to the Republican party but that all changed under Blagojevich. Under Blago the job required joining the Laborers Union, an endorsement from the County Democratic party Chairman and making a donation to the Democratic party.

    Comment by exbricklayer Thursday, Mar 5, 15 @ 12:45 pm

  30. So Gov Rauner can get off on the right foot, Mr. Shakman and his hiring monitor should be asked to review every hiring decision in state govt. Retroactive to the beginning of his administration. They should also render their advice on whether the employees are being paid appropriate salaries.

    Comment by Otis Thursday, Mar 5, 15 @ 12:51 pm

  31. “They should also render their advice on whether the employees are being paid appropriate salaries.”

    Amen to that.

    Comment by Huh? Thursday, Mar 5, 15 @ 12:55 pm

  32. ==should be asked to review every hiring decision in state govt. Retroactive to the beginning of his administration.==

    That was (or is) already being done. That information had to be supplied to the Governor’s office shortly after Governor Rauner took office.

    Comment by Demoralized Thursday, Mar 5, 15 @ 1:04 pm

  33. Huh? - what are you talking about? Engineers have to pass the Professional Engineer exam or the Structural Engineer exam, which I guarantee you don’t pass just because you are fortunate or your friends did it.

    And that’s another trick Blago and Quinn have pulled, re-classify positions so you don’t need an engineering degree or technical training. Let a high school grad with connections take care of it.

    Comment by Stooges Thursday, Mar 5, 15 @ 1:05 pm

  34. Oops. Sorry. You meant Governor Rauner’s term. Apologies. A bit slow today.

    Comment by Demoralized Thursday, Mar 5, 15 @ 1:05 pm

  35. Yes, hiring and salaries should be reviewed from the beginning of Gov. Rauner’s term. He said he is going to hire the best and brightest with commensurate salaries.
    Mr. Shakman and his monitor should review these decisions with the oversight of the judicial system.
    Who else would do it?

    Comment by Otis Thursday, Mar 5, 15 @ 1:13 pm

  36. Rauner is filling IDOT with his people. Are they going to look into that?

    Comment by Concerned Thursday, Mar 5, 15 @ 1:13 pm

  37. Concerned:
    This review of people Rauner is hiring should include all hiring of all employees. To make sure Rauner is getting off on the right foot.
    Who better to do the review than Mr. Shakman and his hiring monitor?

    Comment by Otis Thursday, Mar 5, 15 @ 1:20 pm

  38. Interesting reading all of the commenter knowledge on this. Much of this is news to me.

    Comment by QCLib Thursday, Mar 5, 15 @ 1:23 pm

  39. @Huh?

    I believe the “credentials” being referred to meant more like experience in the field for which they were hired at IDOT than degrees and professional registration. I’m licensed as a professional engineer in six states, and have the academic qualifications and professional experience to be considered competent in both civil and mechanical engineering. I think the problem here is that IDOT is overloading on poli sci majors who knocked on doors for the sponsoring party candidates.

    BTW, I think you were more than “fortunate” to pass the two day exams necessary for licensure as a professional engineer. “Luck” has little to do with it. You’d be surprised by the number “engineering management” folks I’ve worked with who couldn’t pass those rudimentary tests if their professional lives depended on it..

    Comment by Arizona Bob Thursday, Mar 5, 15 @ 1:28 pm

  40. The issue is being confused. Political hires has and always will be a part of life, especially in IL. What Republicans up through Edgar did was hire republicans, that were qualified to do the job with education and technical training. After that we have simply given jobs to those who give money to the right guy.

    Hiring a friend who is qualified is not a crime. Ignoring qualified candidates to hire non qualified people because they paid or did a favor is.

    There is also a group of mid level administrator who went into the union because they predated Blagojevich. They were not his people so they were not getting raises and some of them were targeted by the administration because they wanted the jobs. They went into the union for protection from the prior Governor. Filtering through who is who will be a mess.

    Comment by the Patriot Thursday, Mar 5, 15 @ 1:28 pm

  41. Rauner may have made some appointments to IDOT’s central office, but there are few if any Rauner cronies walking the halls of the IDOT District offices. For one there is no money to pay them.

    By March of Blago’s first term there were ten or more hacks (courtesy of Rep. Hoffman) wandering aimlessly through IDOT’s Collinsville office, looking for empty desks. Rauner will have to go some to match that spree.

    Comment by Stooges Thursday, Mar 5, 15 @ 1:29 pm

  42. This is ongoing in all agencies and has been for decades. Not only is there a “who Ya know” basis for hiring, but I’ve actually seen well qualified folks who were turned away, regardless of their grade or veteran status, due to their political affiliations which weren’t the same as those in power. The beast is too big to catch them all.

    Comment by Former Merit Comp Slave Thursday, Mar 5, 15 @ 1:32 pm

  43. IDOT was a cesspool under Quinn. Were other agencies as bad? And the Quinn IDOT head hypocritically called out Metra for legal patronage!! Rauner appears to be spot on: sweet deals with public unions in return for political work.

    Comment by Let'sMovetoTexas Thursday, Mar 5, 15 @ 1:42 pm

  44. Former merit comp slave:
    Let’s give Shakman and his hiring monitor an office at the state Capitol and let them sort through each and every state hire to determine competence and salary level.
    Or, maybe OEIG has a spare office.
    Let’s get in front of this.

    Comment by Otis Thursday, Mar 5, 15 @ 1:46 pm

  45. Not it

    What you said, if true, is a crime. Please forward the info to OEIG. Thank you.

    Comment by Anyone Remember Thursday, Mar 5, 15 @ 2:06 pm

  46. I suggest the GA immediately consider legislation saying:
    1. It is against public policy for any RUTAN covered position to be in a union. There is no union status or bargaining unit protection for any person in such a position.
    2. Any person hired into a RUTAN position must be out of State employment for 12 months before taking a unionized State position.

    Comment by Last Bull Moose Thursday, Mar 5, 15 @ 2:20 pm

  47. So many of the above comments are so true. One that is not, by -Stooges is that cronies of Rauner’s are not walking around District offices. At least two have shown up at District One, not really “cronies” but mere young former campaign workers. The problem with them and all the ones hired during Quinn and Blago is that they were not hired for a particular job vacancy. Jobs were either created for them, or, like so many, they just do nothing. Perhaps the monitor should do an audit and questioning of exactly what these people are doing and whether it justifies them being employed. But with the union protection, I guess it won’t make any difference–they will just continue to be paid, get benefits, and pension rights, so this will cost the State forever. Sickening!

    Comment by Gone, but not forgotten Thursday, Mar 5, 15 @ 2:26 pm

  48. Should have said RUTAN exempt not RUTAN covered.

    Comment by Last Bull Moose Thursday, Mar 5, 15 @ 2:40 pm

  49. Question: How do the departments that are not in the union find anyone competent to work? What qualified candidate would accept a job for substantially less money and no chance for raises?

    Comment by southwest Thursday, Mar 5, 15 @ 3:09 pm

  50. The state is still waiting on Quinn’s “fumigation” of Blago holdovers. Too many of those are still around, much less the numerous “exempts” left behind from the Quinn admin.

    Comment by Tired of The Mess Thursday, Mar 5, 15 @ 3:13 pm

  51. If attorneys need to be hired for the IDOT chief council’s office, hire them under Rutan protocols. Why not? They should be professionals. And their client is the state so they are bound to represent the Executive Branch and should not need further political credentials - don’t we want the best of all the candidates who are interested?

    Comment by Mister M Thursday, Mar 5, 15 @ 4:18 pm

  52. If my memory is correct, civil service exams in illinois used to be scored with number grades. That was changed to letter grades about 40 years ago so that the person doing the hiring could pick almost anyone from “the top 3 grades.”

    Going back to number grades on exams for many positions would help (once hiring starts again).

    Comment by Anonymous Thursday, Mar 5, 15 @ 5:37 pm

  53. The entire system needs a complete overhaul. Knowledgeable and skilled people with advanced degrees are paid less than people with no degree. This is disgusting, and continues to foster an environment of poor morale. The best thing Rauner can do is a skills assessment on everyone. Enough is enough.

    Comment by Rockemsockem Thursday, Mar 5, 15 @ 7:20 pm

  54. Rich….Wasn’t there an effort by Cullerton during Blago to eliminate several thousand ( 6K) mgmt jobs that were switched to union jobs???

    Comment by scott aster Friday, Mar 6, 15 @ 10:06 am

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