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Pay raise case in a legal dodgeball

Tuesday, Jul 17, 2012 - Posted by Rich Miller

* Cook County Judge Richard Billik Jr. ruled last month that an arbitrator that had ruled in favor of AFSCME over Gov. Pat Quinn’s refusal to grant pay raises needed to consider whether the $75 million needed to fund the raises wasn’t appropriated by the General Assembly. According to AFSCME, the arbitrator declined and has kicked the case back to the judge…

Arbitrator Ed Benn has declined a Cook County judge’s remand of the case regarding Gov. Quinn’s refusal to pay negotiated wage increases, stating that the issues involved are beyond the purview of an arbitrator.

In late June, Cook County Circuit Court Judge Richard Billik referred the case regarding Quinn’s refusal to pay negotiated wage increases to Arbitrator Ed Benn for fact-finding. The judge said that he wanted the Quinn Administration to have the opportunity to establish its public policy defense and directed the arbitrator to make a determination regarding the Administration’s claim that there are “insufficient appropriated funds” to allow payment of the wage increases.

On Monday, July 16 Arbitrator Benn issued a decision in which he declined to accept the case. Benn wrote that unanswered questions in the case are matters of law that must be considered by the court. “[A]rbitrators interpret collective bargaining agreements and courts interpret statutes, the Constitution and public policy,” he wrote.

Consequently, Benn stated, he is returning the case to Judge Billik.

The arbitrator also underscored the gravity of the state’s claim that it is not bound by a contract should the legislature fail to appropriate what the executive branch deems are sufficient funds. “[T]his dispute has other ramifications of immense importance beyond this case and impacts the collective bargaining process in this State,” Benn wrote.

Benn had previously determined that Quinn’s pay freeze was a clear violation of the AFSCME collective bargaining agreement and ordered the governor to pay the wage increases. The case has been tied up in court for over a year after the governor refused to comply and instead filed suit to vacate Benn’s award.

In his decision, Benn emphasized the significant previous sacrifices made by state employees to help balance the budget, and Governor Quinn’s failure to keep his end of the agreement. “The concessions granted by the Union to the State … in the CSAs [Cost Savings Agreements] amounted to approximately $400,000,000. … [A]fter accepting the concessions … the State agreed to pay a 2% wage increase on July 1, 2011 … and then failed to make that 2% payment to all employees. That is a contract violation as I found.”

* AFSCME’s statement

Governor Quinn has broken his word to the men and women who provide vital public services, he is directly violating a collective bargaining agreement, and now it is clear that he has provoked a legal challenge to the very bedrock of the collective bargaining rights of workers in Illinois. It is shameful that a governor who pays lip service to the best interests of working people has put in motion this litigious assault on the basic tenets of good labor relations. We shouldn’t have to win a court battle to make the governor respect workers, honor their contract and comply with the law, but we will do whatever it takes to uphold our collective bargaining agreement and protect workers’ rights.

Some background here and here.

  37 Comments      


*** UPDATED x3 - Hendon’s former campaign treasurer charged *** This just in… Seven arrested on public corruption charges

Tuesday, Jul 17, 2012 - Posted by Rich Miller

* From the US Attorney’s office…

Seven defendants arrested today will begin appearing at approximately 3:30 p.m. today – before U.S. Magistrate Judge Jeffrey Cole in Courtroom #1838 in the Dirksen Federal Courthouse – with new federal public corruption charges expected to be unsealed at that time. Copies of the charges and a detailed press release will be distributed via email and the U.S. Attorney’s Office website after the charges are unsealed.

Do not speculate in comments We’ll all know soon enough. Don’t get yourself banned for life. Thanks.

*** UPDATE 3:51 pm *** From Ben Bradley’s Twitter feed

The 7 charged are all fairly low level government employees. At least one is a Cook Co Sheriff.

*** UPDATE 4:00 pm *** One of those charged is Dean Nichols, who was once former Sen. Rickey Hendon’s campaign treasurer. From the US Attorney…

SEVEN DEFENDANTS CHARGED WITH BRIBERY CONSPIRACY TO OBTAIN
FICTITIOUS FEDERAL GRANTS AS PART OF FBI UNDERCOVER INVESTIGATION

CHICAGO — Federal corruption charges were unsealed today against seven defendants who were arrested and charged with bribery conspiracy for allegedly paying kickbacks to a purported federal agency official, who did not actually exist, in return for awarding purported $25,000 cash grants from the agency. The charges stem from an FBI undercover investigation of the defendants, who include a campaign treasurer for a former Illinois state senator and two Cook County Sheriff’s Department corrections officers. The defendants allegedly believed that they were able to obtain multiple $25,000 grants from the U.S. Department of Health and Human Services in exchange for returning $5,000 to the fictitious HHS official and others involved in the scheme.

In fact, there was no corrupt HHS official and no federal agency grants were involved. Instead, those elements were involved only as part of the scenario of the undercover investigation. Acting at the direction of law enforcement, a Cooperating Witness (CW) informed defendant Dean Nichols that the CW had a friend affiliated with HHS who was willing to provide $25,000 agency grants in exchange for kickbacks. After being offered this opportunity, Nichols allegedly presented CW with several other individuals, including co-defendants Reggi Hopkins, Elliott Kozel, and Anthony Johnson, who were allegedly willing to submit applications to obtain these grants in return for $5,000 kickbacks, which would be divided into $1,250 payments to four individuals: the fictitious HHS official approving the grants; an undercover FBI agent who was purportedly associated with the HHS official; the CW; and Nichols, according to the criminal complaint unsealed today.

Similarly, Kozel, a Cook County corrections officer, allegedly presented several other co-defendants, including his supervisor, Mary Smith, along with Bryant Jessup, and Regina Hollie, who were allegedly also willing to submit applications to obtain these grants in return for $5,000, which would be divided into $1,250 payments to the fictitious HHS official, the undercover agent, the CW and Kozel, the charges allege.

Nichols, 62, of Oak Park, was charged with three counts of bribery conspiracy, and Kozel, 51, Chicago, was charged with four counts. Hopkins, 43, of Chicago; Johnson, 59, of Chicago; Smith, 54, of South Holland; Hollie, 48, of Chicago; and Jessup, 51, of Chicago, were each charged with one count of bribery conspiracy.

All seven defendants were arrested today and were scheduled to appear this afternoon before U.S. Magistrate Judge Jeffrey Cole in Federal Court in Chicago.

The arrests and charges were announced by Gary S. Shapiro, Acting United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.

As background for the investigation, the complaint affidavit states that Nichols was a treasurer of the campaign committee for a former Illinois state senator. While assisting the state senator’s campaign committee, Nichols allegedly helped steer State of Illinois grants to certain organizations, including a $50,000 grant to an organization operated by Nichols’ daughter from 2005 to 2006, and a $190,000 grant in 2007 to an organization operated by Hopkins with the understanding that a portion of the proceeds would go to Nichols and the state senator’s nephew.

The affidavit describes the CW as a Chicago police officer who began cooperating with the government in July 2008 during an investigation of public corruption and gun-trafficking in the Chicago area. The CW is not yet facing any criminal charges but will likely be charged in the future with attempted extortion and firearms-related offenses, the affidavit states. According to the CW, he has known Nichols for more than 20 years and they met when Nichols was an accountant for an auto repair business owned by the CW’s family. In the early 1990s, the CW managed a bar owned by Nichols. The CW and Nichols attempted to bribe a former Chicago alderman by offering $10,000 in exchange for the CW receiving a promotion within the Chicago Police Department, but, according to the CW and the former alderman, who confirmed the offer, neither the payment nor the promotion ever occurred, the affidavit states.

In July 2011, the CW recorded a conversation with Nichols in which the CW explained that the CW had “run into a friend” who was working for HHS and had authority to hand-out multiple $25,000 grants “like candy” in exchange for kickbacks. In discussing the opportunity, Nichols told the CW that they had to “get people that we trust,” the complaint states.

About a week later, the CW and Nichols met for lunch with the undercover agent, who was posing as someone working for a private agency that contracted with HHS to issue grants and who had the ability get $25,000 grants approved by bribing the fictitious HHS official. The three then allegedly discussed the volume of grants they could obtain and how the grants would be broken into installment payments, with a $5,000 kickback being paid after the grant recipient received the first $10,000 installment.

In August and September 2011, Nichols allegedly provided the CW and the undercover agent with grant applications for “Edutainment Services, Inc.,” listing Hopkins as president, and “Children’s Athletic Program,” listing Kozel as president. In a September 2011 recorded conversation, the CW told Nichols that Hopkins would be receiving the first grant and Kozel would receive the second grant. Nichols allegedly asked if the undercover agent could hand-deliver the checks instead of mailing them, and further conversation disclosed that Nichols was allegedly concerned about a federal investigation and avoiding federal mail fraud charges.

In a recorded meeting later in September 2011, Nichols allegedly provided the CW with 31 completed grant applications and said that he thought he and the CW could have as many as 40 grantees in total. Nichols allegedly calculated that he and the CW personally would obtain $100,000 from 40 grantees, and added that, together, they could buy “a big summer home” in Michigan if the grants worked out, the charges allege.

The complaint describes in detail the purported installment payments that were made to the grantees recruited by Nichols and Kozel and the alleged kickbacks that the defendants then paid from the proceeds. In November 2011, the CW audio and video recorded a meeting with Kozel in which the CW provided Kozel with a purported $10,000 grant payment, and Kozel said that he planned to take children who were purportedly going to attend his program “out for chicken wings, take them to Chucky Cheese“ and would also give them a tour of the Cook County Jail and talk about drugs, the affidavit states. In addition to recruiting Smith, his supervisor, as a potential grantee, Kozel said another potential grantee was his girlfriend and he had “made up” an organization for her, according to the complaint.

Nichols allegedly provided the CW with a grant application for Johnson’s organization, Children At Risk. State records show that Children At Risk received a total of $65,000 in Illinois state grants from 2006 through 2008. The affidavit cites a July 2008 published media report indicating that frequently no one could be found at an address for Children At Risk and quoted Johnson as saying the program was “in flux.” Kozel allegedly provided the CW with a grant application for Jessup’s organization, the J.A.M.A. Center NFP, which also received approximately $65,000 in Illinois state grants from 2006 to 2008.

The government is being represented by Assistant U.S. Attorneys Brandon Fox, Margaret J. Schneider, and Michael T. Donovan.

Each count of conspiracy to commit bribery carries a maximum penalty of five years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.

The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. [Emphasis added.]

*** UPDATE 4 *** Steve Rhodes published this passage from Hendon’s book “Backstabbers“…

It turns out [Dean] Nichols and [Patricia] Horton were candidates Hendon ran for the Metropolitan Water Reclamation District board. Their campaigns are Hendon’s prime examples in this book.

The way Hendon portrays it, the whole state was breathlessly watching.

Apparently delusional thinking isn’t the sole province of the governor’s office.

The funny thing is that - 40 pages later - after Hendon describes the painstaking process of getting his candidates on the ballot and surviving petition challenges, he decides later that “I now needed Dean Nichols to GET OFF THE BALLOT!!”

Why?

“It was clear to me from the beginning that we could come to this point. Both of my candidates filed on the first day and were in the lottery. Nichols pulled the third top ballot position and Patricia Horton pulled the fourth spot. There are twelve candidates running.

“I was trying to cut some deals and get other elected officials to carry my candidates but most of them would only commit to one of them.

“Some people liked Nichols while others preferred Horton. There was talk about me being greedy by trying to get two at one time. This can be disastrous to an elected official or a mover and shaker. Greed is not well received and ONE IS BETTER THAN NONE. So I met with Dean Nichols and explained our situation. If Dean agreed to step down Pat Horton would move up to being third on the ballot and this would give her a much better chance to get elected.”

Oy.

But that’s not all.

“I caught the opposition’s people checking out my sign sheets at the Board of Elections. They also requested my time sheets from my job at the Board of Review . . .”

  50 Comments      


Drought politics

Tuesday, Jul 17, 2012 - Posted by Rich Miller

* Union members and southern Illinois legislators weren’t the only people attempting to garner a little media attention yesterday when Gov. Pat Quinn held a press conference about drought disaster relief. A northern Illinois legislator also tried to get in on the act

State Rep. Jack Franks is calling on Gov. Pat Quinn to add McHenry County to the list of communities declared drought disasters.

More than 1,000 communities in 26 states have been declared natural-disaster areas by the U.S. Department of Agriculture, including some southern Illinois communities. The disaster declaration makes low-interest loans available to farmers to cover crop losses and provides other assistance for those struggling in adverse growing conditions. […]

“While southern Illinois farmers are facing the prospect of complete crop losses due to drought conditions, McHenry County farmers are also dealing with extremely dry conditions with no end in sight,” Franks said in a news release.

* From the latest update by the Illinois Water Survey

As you can see, northern Illinois is in a drought, but it’s nowhere near as severe as central and southern Illinois.

* And here’s the trigger

counties have demonstrated crop reduction losses of 30 percent or more, which is the USDA threshold for triggering disaster relief

* Quinn added several more counties to the disaster list yesterday

* A photo from yesterday. Not good at all…

* But there is no doubt that this is a statewide problem

Only two percent of the state’s topsoil moisture is adequate right now, and only four percent of the subsoil moisture is in that category.

Corn development continues to be stunted by hot and dry conditions. Many fields are turning yellow, which typically does not happen until mid-August. Nearly all of the corn is silking at 93 percent, compared to 52 percent at this time last year, which was about average. Corn in the dough stage is well ahead of the six percent average pace at 20 percent. Only 11 percent of the Illinois corn crop is rated good or excellent this week, down eight percentage points from last week.

The state is seeing 70 percent of its soybean crop blooming, compared to 37 percent last year and the five-year average of 42 percent. Fifteen percent of the soybean crop is setting pods. Just 17 percent of soybeans are rated good or excellent, down three percent from last week.

* And a national problem

The drought gripping the United States is the widest since 1956, according to new data released Monday by the National Oceanic and Atmospheric Administration.

Fifty-five per cent of the continental U.S. was in a moderate to extreme drought by the end of June, NOAA’s National Climactic Data Center in Asheville, North Carolina, said in its monthly State of the Climate drought report. That’s the largest percentage since December 1956, when 58 per cent of America was covered by drought.

This summer, 80 per cent of the U.S. is abnormally dry, and the report said the drought expanded in the West, Great Plains and Midwest last month with the 14th warmest and 10th driest June on record.

Franks may well get his wish soon enough.

* Related…

* Illinois drought relief efforts expanded

* State law allows harvesting hay on rights-of-way

* Drought could have lasting impact on livestock production

* Drought likely to hit you hard in the pocketbook

* Mississippi River runs low as drought grips St. Louis region: At Ceres Barge Line, based in East St. Louis, 70 percent of the 200-barge fleet is tied up at the dock. Owner Mark Fletcher blames the drought, which also continues to ravage the corn crop and threaten the soybean crop. Prices are going up, and export demand is dipping.

* Stephenson County added to drought relief request list

  39 Comments      


Quinn dodges protest, reaffirms his commitment to shut down facilities by August 31

Tuesday, Jul 17, 2012 - Posted by Rich Miller

* A reader sent in this report from Gov. Pat Quinn’s southern Illinois press conference yesterday where he focused on the massive drought…

I just wanted to give you some information on Quinn’s visit to Waltonville. I went there with the union, I retired from [redacted]. Our plan was to give him a warm southern Illinois welcome. We wanted to bring attention to Quinn’s closing of the facilities, especially the danger of closing Tamms. He has no idea the danger this will bring to staff. I did 17 years at Menard and 14 at Pinckneyville I’ve seen what can happen. If God forbid a staff member would get killed because he closes Tamm’s, the blood will be on Quinn’s hands.

Anyway here is what he did at Waltonville today. We were waiting for him at the farm he was suppose to visit. Also the farmers, press and I would guess dignitaries were there waiting also. We were standing out by the road and then about 1:30 all hell breaks loose. All the news crews take off and a bunch of other people went running to there cars and took off.

I guess Quinn got scared because we were there. When I was standing out by the road earlier I notice a couple U plate state cars and a black Crown Vic with tinted windows cruise by a couple times just a short time before everybody took off. I don’t know if they were scoping it out before Quinn got there. We all got to our cars and tried to find out were they went. It took us a while to get to the car, we couldn’t park too close. I figured we could find him, Waltonville isn’t too big. But we never found them, they could have went down any farm road. We kind looked like the Keystone Cops running around.

* Illinois Statehouse News has more

Quinn did not stop to speak with the protesters, which included both prison and developmental center employees, as well as families who have relatives who use the facilities slated for closure, according to Ed Caumiant, regional director for the American Federation of State, County and Municipal Employees Council 31.

A police officer turned away the protesters when they showed up at the entrance to a dirt lane that led to the site of the news conference.

“I think it’s, frankly, kind of cowardly to play hide and go seek with your event just to avoid people who have something to say,” Caumiant said.

Quinn spokeswoman Brooke Anderson said rumors the location for the news conference was changed to dodge the protesters were incorrect.

“The farm today was selected because the owner volunteered it to allow us to inspect the damage and make the relief announcement,” she said. […]

Quinn, a Democrat, said the closures will go forward, noting that some of the facilities are only half full.

“We are not building prisons or any center for the sole purpose of employment. We have to understand the common good comes first,” Quinn said.

“In our state, the Legislature funded those particular institutions, but they underfunded our Department of Children and Family Services, and we cannot have that. We cannot have abused children in dire straits.

“I have to make decisions, many times very difficult, but I make those decisions on behalf of the common good, and I stick to them.”

* Some Republican legislators weren’t happy with the way the thing went down

State Sen. John O. Jones, R-Mount Vernon, in a statement blasted Quinn’s handling of the news conference.

“Neither Gov. Quinn nor his staff had the courtesy to reach out to local legislators to announce his presence; we read about his appearance on Saturday thanks to a reporter’s column,” Jones said. “Gov. Quinn’s flippant attitude about the facility closures is even worse than the way that his staff handled (Monday’s) press conference.

“He talks a good game about working with every legislator on fixing our state’s fiscal issues, but what we have here is nothing more than empty rhetoric. This was a fiasco and absolutely shameful.”

State Sen. Dave Luechtefeld, R-Okawville, also said he was unaware the news conference would be at different location.

Luechtefeld said he and state Rep. John Cavaletto, R-Salem, tried to attend the news conference, but had to park near the back of the line and then were told the governor may not have been there.

“It sure was strange,” Luechtefeld said. “It just was.”

* Rep. Jason Barickman is frustrated that he can’t get a response

Quinn’s office also cites what it calls $11.6 million in “critical maintenance needs” at Dwight, including roofing repairs, water treatment facility upgrades, building rehabs and shower repairs. Barickman said the village of Dwight has offered the state assistance on its water and sewer issues at the prison, with little or no response.

* Quinn was asked why he didn’t talk with the protesters

Governor Pat Quinn is standing firm on his decision to close several large developmental and mental health facilities in the state, including Murray Center in Centralia. He was questioned by reporters about the closures and why he has not talked to the impacted state workers while in Waltonville Monday afternoon to discuss the drought.

“Basically our state is going to have less institutions when it comes to those with mental illness and those with developmental disabilities”, Quinn said. “We’re going in a different direction; we believe in independent living. The opportunity for everyone, no matter what their situation to have an independent life, and that’s a decision that I made, and I’m going to stick to it”, said Quinn.

In regards to closing Tamms Prison and other correctional facilities, Quinn says employees with the Department of Corrections will have the opportunity to work within the department for positions they can apply for, and says there will be substitute jobs for those employees.

* The governor also talked about the Dwight prison on a Downstate radio station today

In an interview on WJBC, the Chicago Democrat said the state must trim spending anywhere it can, and he’s been given assurances from the Illinois Department of Corrections Director Tony Godinez that closing two under-utilized facilities, the all-female prison in Dwight and supermax prison in Tamms, would be an effective way to streamline operations.

“We’ve got to make sure in our budget we have facilities that need to be closed in order to save money to make sure we have a balanced budget. It’s the only way to go,” Quinn said. […]

Quinn didn’t give specifics on how Logan Correctional Center in Logan County would be retrofitted to house the inmates from Dwight. He only said the state would be “looking at what it’s options are.”

As for concerns that Pontiac Correctional Center would become dangerous to other inmates and staff by taking in the most violent offenders from Tamms, Quinn said, “We have to incarcerate the worst of the worst,” but added that sentencing reforms lawmakers have already approved would alleviate overcrowding.

* However, one facility may get a reprieve

Governor Quinn did say he would take a look at closing the Centralia Animal Disease Lab once more because of the current drought conditions, and what the lab can do to help. “That’s something that given the drought that we may want to revisit with respect to our lab in Centralia. I think sometimes when circumstances happen, you have to deal with those on an immediate basis”, said Quinn. The lab does tests for water, nitrate, corn, as well as other vital testing that concerns agriculture and public health. The lab is scheduled to close August 31st.

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Protected: SUBSCRIBERS ONLY - Supplement to today’s edition and a campaign roundup

Tuesday, Jul 17, 2012 - Posted by Rich Miller

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Question of the day

Tuesday, Jul 17, 2012 - Posted by Rich Miller

* From a press release…

Lt. Governor Sheila Simon will host the nation’s lieutenant governors in Chicago this week as the National Lieutenant Governors Association (NLGA) convenes its 50th annual conference in Illinois.

Expected to generate over $600,000 in hotel, transportation, restaurant and tourism revenue, 30 lieutenant governors and their staffs will meet at the Drake Hotel on Wednesday through Friday to identify policies that can improve college completion rates, link veterans to employment, increase access to locally grown food and combat domestic violence, among other issues.

Simon, the NLGA’s Midwest Region Chair, and Governor Pat Quinn will conduct the conference’s opening ceremonies Wednesday morning.

“I value this opportunity to showcase Chicago and share innovative strategies to grow our state and nation,” Lt. Governor Simon said.

* The Question: What should be the National Lieutenant Governors Association’s Chicago convention slogan this year?

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Protected: SUBSCRIBERS ONLY - Today’s edition of Capitol Fax (use all CAPS in password)

Tuesday, Jul 17, 2012 - Posted by Rich Miller

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