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Wednesday, Jun 6, 2007 - Posted by Rich Miller

A judge injected some much-needed sanity today into the Kafkaesque case of Dawn DeFraties and Michael Casey..

A Sangamon County judge on Wednesday halted an administrative hearing on whether two fired state employees should get their jobs back.

Circuit Judge Patrick Kelley suspended a Civil Service Commission hearing in the 14-month-old case of Dawn DeFraties and Michael Casey, scheduled to continue Friday. Kelley said he wants to study whether the commission lost authority over the matter by not deciding the pair’s fate quickly enough. […]

Draper argued his clients should return to work with back pay because the commission violated state law requiring a decision within 60 days of the end of their hearing before the administrative law judge. That deadline was Monday, Draper said.

A lawyer representing Blagojevich said commission rules allow it to keep a case open until it makes a ‘‘final decision.'’ ‘‘It just can’t let the case sit,'’ Matthew Bilinsky said.

Kelley said the law clearly requires a decision within 60 days, and the administrative rule allowing a case to remain open until a final decision is made should have been written to align with the statute.

Judge Kelley is definitely onto something here.

The rule referenced by the state says

Until the decision in a case is final, the Commission may remand it to the Administrative Law Judge for the purpose of taking additional evidence.

OK, that’s fine, but the statute is pretty clear…

The finding and decision of the Commission, or the approval by the Commission of the finding and decision of the officer or board appointed by it to conduct such investigation, shall be rendered within 60 days after the receipt of the transcript of the proceedings. If the finding and decision is not rendered within 60 days after receipt of the transcript of the proceedings, the employee shall be considered to be reinstated and shall receive full compensation for the period for which he was suspended.

As Judge Kelley noted, administrative rules do not override state laws.

The law is in place to prevent the Illinois Civil Service Commission from doing exactly what it was trying to do with the DeFraties/Casey case - keep it going indefinitely, possibly because the Blagojevich family babysitter and her cohorts on the commission wanted to force a different outcome.

The commission had 60 days. They blew the deadline. DeFraties and Casey should be immediately reinstated with full compensation.

  41 Comments      


Overtime in Hell

Wednesday, Jun 6, 2007 - Posted by Rich Miller

*** I couldn’t figure out why nobody had commented on this post. Then someone called shortly after one o’clock asking why I hadn’t posted one of the stories listed here. Turns out, I accidentally hit the “private” button when I published the post, so only I could see it. Oops. I’ve bumped it to the top for discussion purposes. Sorry about that, campers. ***

————————————————————

* As I told Capitol Fax subscribers this morning, this was the hottest topic of discussion at the Statehouse yesterday…

Senate President Emil Jones took a whack Tuesday at a state senator tight with House Speaker Michael Madigan in apparent retaliation for opposing Gov. Blagojevich’s playbook on gambling, health care and a big tax on businesses.

Jones (D-Chicago) told Sen. Louis Viverito, an assistant majority leader, he was not “welcome” in a closed-door Senate Democratic leadership meeting. The unprecedented move sent reverberations through the Statehouse, where feuding Democrats have been unable to pass a state budget or provide utility rate relief.

Stuff like that doesn’t usually make it into the mainstream press. When three of the four Senate Latinos revolted earlier this year, it barely rated a mention. So, why was Viverito dumped? Here’s part of the reason…

Viverito (D-Burbank) voted against the Senate president and Blagojevich on a major gambling expansion bill, on the governor’s cherished-but-floundering universal health care plan and the governor’s failed $7.6 billion gross receipts tax on businesses. […]

Also Tuesday, Viverito was replaced on the Senate Rules Committee, a key legislative panel controlled by Jones that determines what gets voted on and what dies.

Viverito is Madigan’s Senator, and there’s much more to the back story, but you’ll have to subscribe to find out what that is. “Democratic disarray” has become a hot topic ever since the session flopped into overtime. So, we may see more stories like that one.

* The Sun-Times story above has a little more of what it’s like to be a member of Jones’ caucus and so does the Tribune’s blog. Yesterday, Sen. Todd Sieben presented Sen. Mike Jacobs with some boxing gloves on the Senate floor, in honor of Jacobs’ feud with Gov. Blagojevich…

Sen. Mattie Hunter (D-Chicago) tried on the boxing gloves and started throwing a few playful punches toward Jacobs. Senate President Emil Jones (D-Chicago) sternly called her name from a few desks away. When they locked eyes, Jones shook his head “no.” Hunter then put the gloves down.

* Meanwhile, the overtime session’s first leadership negotiations began with a whole lot of posturing, with Emil Jones blaming Mike Madigan for the overtime session, Madigan saying that Jones ought to pass the House-approved budget, which Jones derided as inadequate, the Republicans blaming Democrats for having to be in town in the first place, and Gov. Blagojevich demanding that legislators work five days a week until the deal is cut. Here are a few tastes of the day’s activities…

* SJ-R

Republican legislative leaders joined state budget talks for the first time Tuesday, but the results were the same as when the Democrats kept the party to themselves.

The roughly 90-minute meeting produced a lot of talk and little in the way of a solution to the impasse that has sent the General Assembly into overtime for the second time since 2004.

* AP

“I’d say we’re far apart. There was listening but there was also a lot of posturing,” said House Minority Leader Tom Cross, R-Oswego. […]

“Everyone in America works five days a week and is expected to put in full-time work in order to complete their jobs,” said Blagojevich spokeswoman Abby Ottenhoff. She would not answer any questions.

Jones said the Senate would meet at least five days a week, and he said lawmakers failed to adjourn on time “because of lack of concern in the House basically.”

Madigan argued that rate relief for consumers hit by skyrocketing electric rates would open the door for budget action. Jones has been reluctant to approve rate relief that would apply to customers of both Ameren and ComEd.

* Daily Herald

In the state’s latest finger-pointing battle, more than 40 newly empowered Republicans took Gov. Rod Blagojevich to task Tuesday for his spotty Springfield presence. They supported a resolution that asks him to remain in Springfield while lawmakers finish state business.

* Tribune

Madigan noted his chamber passed a budget with a 3 percent increase for the fiscal year beginning July 1.

“There are 37 Democrats,” Madigan said. “All you need is 36 of the 37 to send the bill to the governor.”

In turn, Jones criticized Madigan’s budget, saying it is merely a “base” figure. Cross said the Madigan plan is way out of balance.

A governor’s aide warned that essential state services could be cut by month’s end if a budget is not approved.

* More overtime stories, compiled by Paul…

* Cindy Richards: Legislature’s small-minded failure

* Editorial: Time to play ball with less fighting, more teamwork

* Sun-Times Editorial: Only hard work can overcome Springfield rancor

* Bethany Carson: Baby steps on the budget

* Governor warns of potential government shutdown

* Governor’s expect tighter budgets in 2008

  53 Comments      


Protected: SUBSCRIBERS ONLY - Gaming; Rates; Brosnahan; Libraries; Disabled (Use all caps in password) *** Updated with audio ***

Wednesday, Jun 6, 2007 - Posted by Rich Miller

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Question of the day - Obamarama edition

Wednesday, Jun 6, 2007 - Posted by Rich Miller

We briefly touched on this topic yesterday, and Carol Marin made it the subject of today’s column

Is Barack Obama out of the loop when it comes to his home state of Illinois?
That was the question posed Monday by my NBC5 colleague, political reporter Mary Ann Ahern, after trying hard to get the senator’s views on a variety of newsy topics in Chicago. Obama, who showed up at Monday’s Operation PUSH convention, stopped for a very brief Q-and-A with waiting reporters. Getting Obama to set aside time to talk to the local press back home has been nothing short of a major challenge for many months now.

What about the state budget funding crisis and casinos? asked Ahern.

‘’I haven’t been following the negotiations closely enough to know what’s taking place,'’ Obama said.

How has his political mentor, Senate President Emil Jones, the recipient of major ComEd campaign cash, handled the utility rate freeze issue?

‘’I apologize, guys, but I really have not followed closely what’s been happening in Springfield, I had a little bit of other stuff to do,'’ the senator said with a smile.

As Marin points out, Sen. Durbin seems well-versed in recent Statehouse happenings, while Obama feigns cluelessness.

Question: Should Obama be expected to answer questions like this about what’s happening in the capital of his own state, or should he be excused because he’s running for president? Explain.

  66 Comments      


The public transit mess

Wednesday, Jun 6, 2007 - Posted by Rich Miller

I can sympathize with CTA/RTA riders who are upset at the proposed fare incresaes and service cuts…

CTA riders expressed anger and frustration Tuesday night during a public hearing on Chicago’s South Side about possible fare increases and service cuts that officials said they might need to eliminate a $110 million deficit.

The proposed changes, which CTA officials said would go into effect if the agency does not get more money from the state, include boosting fares to as much as $3.25 on trains during peak travel hours and suspending service on 63 bus routes and on the Yellow and Purple Line/Evanston Express rail lines.

But, really, there just isn’t enough money to magically bail out the CTA right now. Personally, I’d rather the state try to save most of the lines that are on the chopping block and allow the fare hikes to go ahead. Chicagoans who use the routes ought to help bail out the system.

And passing the buck to Springfield for a situation largely of the CTA’s own making probably won’t endear CTA President Ron Huberman with lawmakers….

CTA President Ron Huberman, who took office May 1, opened the hearing by saying that he hopes state lawmakers come through with extra funding so the changes won’t have to be made.

“We don’t want to raise fares by a penny,” he told the group. “We don’t want to cut one single bus route.”

Yeah, well, too bad. The pension system is a freaking mess and they’ve dumped way too much money into glitzy renovations instead of shoring up the tracks. Chicago created this disaster, it’s up to Chicago to help solve it.

Chicago and suburban legislators are desperate to find money to help ease the pain and I certainly can’t fault them for that. They’re also upset that the governor hasn’t made the CTA/RTA issue a priority. They’re getting angry calls from their constituents (last weekend was reportedly pretty intense for many) and they’re starting to get worried.

The Chicago region needs a solid transportation network and public transport is vital to the area. The state should take a role. But if legislators want action, then they need to get a whole lot more vocal than they have been.

Thoughts?

  50 Comments      


Bizarre or typical? Bomb threat investigated

Wednesday, Jun 6, 2007 - Posted by Rich Miller

* The Tribune has the basic outline

A campaign volunteer for 35th Ward aldermanic candidate Vilma Colom was arrested Tuesday for allegedly phoning a bomb threat to Colom’s campaign headquarters in March. […]

Authorities said that in a call to Colom’s cell phone, Wood claimed a bomb had been left in Colom’s campaign office. After a search of the office turned up no bomb, police reviewed Colom’s telephone records and discovered that the threatening call came from Wood’s phone, a source said.

* But the Sun-Times goes deeper

According to law enforcement sources, a few weeks before that runoff, Wood [the pastor of the Fourth Congregational Church of Chicago] dined with Colom and two others at a Mexican restaurant on Lincoln Avenue. At one point during the meal, Wood allegedly called Colom’s cell phone from his cell phone and told her a bomb had been planted at her Diversey Avenue campaign headquarters.

Colom called the police, who went to the campaign office but found no explosives, sources said. An investigation revealed the call had come from Wood’s phone.

[Emphasis added.]

What the heck? More from the CS-T…

One source said Wood might have placed the call to gain publicity for Colom’s campaign. It was not clear whether Colom knew Wood placed the call, but the source said the matter was “still under investigation.”

I can’t find any mention of the bomb threat in the local papers, so if they wanted publicity they didn’t get it. Calling in a bomb threat, or even bombing your own office, is one of the oldest political tricks in the book, and some of the people who worked on Colom’s campaign are tricksters from way back (she was supported by Ald. Dick Mell’s organization).

It apparently didn’t take much for the coppers to trace the call to Wood, who has been an “outspoken advocate against violence in his neighborhood,” according to the Sun-Times.

What are your all-time favorite dirty tricks? One of the funniest I’ve ever heard of was when legendary trickster Dick Tuck hired a bunch of pregnant women to show up at Richard Nixon campaign events carrying signs that read: “Nixon’s the one.” More on Tuck here and here.

  21 Comments      


Morning Shorts

Wednesday, Jun 6, 2007 - Posted by Paul Richardson

* Rezko pleads not guilty to new criminal charges

* Kadner: Cable competition coming says Rep. Brosnahan

Major opponents of the measure — including the Illinois Municipal League (which represents most cities and suburbs) and Comcast (the largest cable provider in the state) — have withdrawn their opposition to the bill, sponsored by state Rep. Jim Brosnahan (D-Evergreen Park).

* ComEd says its spent $8 million on bill aid

* Editorial: Time running out, gov needs to act on Rockford sales tax bill

* Excerpts from recent editorials

* Audit: Firefighter memorial fund swimming in cash

* Key points in audit of state Fire Marshal

* House panel approves land swap for Branson-like project

* Parkland swap sought as part of possible Pickneyville resort

* House panel OKs land swap near Pickneyville

* Developers want to build resort area

* Legislators talking, state officials mum on resort area

* Wine consumers’ options narrowed

* Judge dismisses lawsuit over elimination of Chief Illiniwek

* Aide to ‘Iceman’ indicted

* Daley to teachers: Lengthen the school day

* Hospital layoffs put on hold; more here

Over Stroger’s objection, commissioners sidelined a proposal to outsource janitorial services at Oak Forest Hospital and lay off 96 workers. The plan is slated to save $1.5 million annually.

* CPR: Cook Co. headed for financial crisis again

* Tribune Editorial: Chaos at Cook Co. Juvenile detention center

  7 Comments      


« NEWER POSTS PREVIOUS POSTS »
* Isabel’s afternoon roundup (Updated)
* Musical chairs (Updated)
* Powering Illinois' Energy And Economic Future
* Comptroller Mendoza points to SAFE-T Act provision, says it's time to 'get rid of policies that have not made our communities safer and have in fact, put officers and residents at risk' (Updated)
* Repeal IFPA Now
* SUBSCRIBERS ONLY - Update to today’s edition
* Securing The Future: How Ironworkers Power Energy Storage With Precision And Skill
* Judge blames mistrials on 'confusing' jury notes, moves La Schiazza retrial to next year
* It’s just a bill
* Illinois Medicaid: Working Together To Support The Health Of Our Families, Communities, And State
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today’s edition and some other stuff (Updated)
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Selected press releases (Live updates)
* Live coverage
* Yesterday's stories

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