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This just in… AFSCME files suit over prison closures

Thursday, Aug 2, 2012 - Posted by Rich Miller

* 2:28 pm - From a press release…

Arguing that Governor Pat Quinn’s push to close several state prisons is worsening dangerous overcrowding and that inappropriate inmate transfers pose a safety risk to prison workers, the American Federation of State, County and Municipal Employees (AFSCME) Council 31 filed suit today in Alexander County in far Southern Illinois.

The union is seeking an injunction to halt the threatened closure of prisons at Dwight and Tamms, adult transition centers in Carbondale, Chicago and Decatur, and youth centers in Joliet and Murphysboro. Governor Quinn is pushing to close the facilities despite opposition from prison employees, a legislative oversight commission and lawmakers who provided adequate funding to keep them open. The closure push comes even as the adult correctional system is overflowing with more than 48,000 inmates in facilities built for just 33,000.

The lawsuit details grievances filed by the union over the threat to employee safety posed by rushed transfer of inmates to other prisons ill-equipped to cope. While the state has refused to resolve the grievances, it is rushing to transfer inmates and hasten closing facilities.

“Inmates are being sent to prisons that are too crowded, too short of staff or lacking appropriate security features to safely incarcerate them,” AFSCME Council 31 executive director Henry Bayer said. “We’re asking the court for an injunction to prevent the state from moving forward with any closure until the related grievances have been resolved.”

“Plaintiff brings this lawsuit to protect its members that are at risk of injury and death due to the decisions of the Governor of the State, the Illinois Department of Corrections and the Illinois Department of Juvenile Justice to close multiple correctional facilities and to absorb the inmates at those facilities into an already overcrowded and overburdened correctional system,” the filing explains. “[A]lmost 5,000 inmates and youth will be transferred due to these closings. Many of the inmates that will be moved are those who have been intentionally segregated in the correctional system because of the danger they pose to guards and to other inmates. … The insertion of these inmates into the overcrowded prisons of the State will inevitably foment unrest that will put employees, other inmates, and the general community at risk.”

Tamms Correctional Center is located in Alexander County. It is the state’s only C-max (closed-maximum-security) prison for inmates who have committed or instigated violent attacks on employees or fellow offenders while incarcerated. Since the closure of Tamms was announced, employees throughout the prison system have documented rising tensions, increased gang activity, a higher incidence of weapons inside the facilities and more assaults on staff.

The suit notes that, “maximum security inmates at Tamms will be transferred to the maximum security prison in Pontiac, Illinois, where they will be single-celled. This means that many prisoners at Pontiac will now be double-celled in order to make space. This domino effect will make Pontiac a much more dangerous place to work”.

The large-scale reclassification and transfer of inmates precipitated by the closures poses a threat to prison employees and the public in nearly every Illinois region. If Dwight is closed, its inmates will go to Logan, with Logan inmates going to Lincoln and Lincoln inmates distributed statewide. Tamms transfers to Pontiac are already causing secondary transfers to Stateville, Menard and elsewhere. Joliet’s maximum-security transfers will go primarily to medium-security St. Charles and Kewanee. Nearly all these prisons are already at or well above safe capacity.

The union’s filing comes amid intense media attention to volatility and violence in state prisons, employee criticism of the closures and the Quinn Administration’s retaliatory efforts to silence rank-and-file whistleblowers.

“The Quinn Administration is failing its duty to ensure a safe workplace for its employees. Instead, it is sending men and women to work each day in prisons that the state’s own actions are making more dangerous,” AFSCME director Bayer said. “We’re asking the court to put a stop to these actions until our members are assured that when they pass through those prison gates, they will be as safe as possible.”

* 2:30 pm - The text of AFSCME’s complaint is here.

  44 Comments      


Question of the day

Thursday, Aug 2, 2012 - Posted by Rich Miller

* From an Illinois Review piece entitled “Topinka tours state pimping poverty and big government solutions”

Resurrecting messaging and policy positions that many would argue lost her an election against now-convicted Rod Blagojevich, State Comptroller Judy Baar Topinka is barnstorming the state pimping poverty and big government solutions like a liberal Democrat.

Yesterday, while on her “Illinois Has Heart” tour, Topinka told the State Journal-Register that “Democrats and Republicans in the Illinois General Assembly should undo some funding cuts to social service programs that serve the needy… Just because we had a bipartisan budget agreement does not mean that it was good, does not mean that cuts could not be made but could not have been made better,” said Topinka, 68, a former state lawmaker, state treasurer, state GOP chair, and gubernatorial candidate.

* More from Topinka

“I don’t like bureaucracies,” Topinka told reporters, “but when you are dealing with the neediest of the needy, that’s where government kicks in — the old, the sick, the infirm, the children. … So if you’re going to make cuts, first look somewhere else.”

* Back to the IR

Topinka said she named her tour of social-service organizations “Illinois Has Heart” because Illinois should be known for more than corrupt politicians and pension-funding problems. Of course, until the state is cleaned up and the pension and budget problems fixed, there is no solution or ability to pay social-service organizations. Topinka was not queried about that fact.

* The Question: Do you agree with the Illinois Review or Comptroller Topinka? Take the poll and then explain your answer in comments, please.


  41 Comments      


Today’s quotable

Thursday, Aug 2, 2012 - Posted by Rich Miller

* Daily Herald reporter Mike Riopell is at the Illinois State Fair’s media preview event today. From Mike’s Twitter feed

Fair official: The second weekend of the State Fair will be “Redneck Weekend,” including “monster truck backflips.”

Monster truck backflips.

Oh, joy.

  41 Comments      


Illinois employers can no longer demand social network passwords

Thursday, Aug 2, 2012 - Posted by Rich Miller

* An interesting little bill was signed into law yesterday

Illinois employers will no longer be allowed to ask workers or job-seekers for their social media passwords.

Governor Pat Quinn has signed the so-called ‘Facebook law,’ which is intended to protect the online privacy of workers and people applying for jobs. The bill comes as a result of some hiring managers requesting passwords to log in to the accounts of prospective employees as a way to weed out applicants.

* The signing prompted a little editorializing from a Trib reporter

It’s unclear how many companies in Illinois were asking workers or prospective employees for their social media passwords. As such, it’s difficult to determine whether the bill is the type of legislation coming out of Springfield that is a solution in search of a problem.

* But law enforcement was opposed to the bill

Some law enforcement authorities in the state have argued that they need the right to ask for social network passwords so they can get a complete picture of an applicant’s life.

But Ed Yohnka, spokesman for the Illinois branch of the American Civil Liberties Union, doesn’t buy that.

“There are all sorts of investigative devices that, of all people, law enforcement has to examine and think about the backgrounds of the people that they hire,” he said. “What they don’t need to know is what they think about politics or other things, which are often the kinds of things people post on their Facebook account.”

* Sun-Times

Lori Andrews, a professor at IIT’s Chicago-Kent College of Law, said research has shown that 75 percent of employers require their human resources departments to look at online profiles before offering an applicant a job, and that a third of employers have turned down applicants based on those searches.

“Some of this is very improper,” Andrews said at Wednesday’s event.

Andrews noted that online profiles can contain information about a person’s religious beliefs, political affiliations and sexual preference.

* The bill’s original sponsor, Rep. LaShawn Ford (D-Chicago) says the issue was brought to his attention by constituents

Rep. LaShawn Ford, D-Chicago, said he decided to sponsor the legislation after hearing from several constituents who were asked to list their passwords on job applications. Ford said the measure will remove some of the barriers people face when looking for employment.

* And Senate Republican Leader Christine Radogno was the chief Senate sponsor. From a press release

“Employers certainly aren’t allowed to ask for the keys to an employee’s home to nose around there, and I believe that same expectation of personal privacy and personal space should be extended to a social networking account,” said Leader Radogno, who pointed out employers are not allowed to ask employees or job applicants about age, sex, race, or sexual orientation—all information that could be easily gleaned from a social networking site. “This law will not only protect employees’ reasonable rights to privacy on the Web, but will shield employers from unexpected legal action.”

* Employers will still be able to set usage standards for company computers and company time, and they won’t be stopped from looking at public Facebook and Twitter pages. From the statute

Nothing in this subsection shall prohibit an employer from obtaining about a prospective employee or an employee information that is in the public domain or that is otherwise obtained in compliance with this amendatory Act of the 97th General Assembly.

* The House sponsor had to jump through a bunch of hoops to get this bill passed. The first version, filed in May of 2011, had no exceptions or definitions. The second version, filed in February of this year, expanded the exceptions and added definitions. The third version, filed in March, expanded those even further. The changes helped the bill zoom out of the House in late March on a vote of 78-30. It passed the Senate unanimously in May.

Ford did a good job of introducing a new concept and patiently shepherding it through the process. Ford also supported Dan Hynes against Quinn in the 2010 Democratic primary and there has been some lingering animosity between the two men. But Ford was invited to yesterday’s presser, so things must be better now.

Anybody out there ever post something on Facebook they’ve regretted?

  28 Comments      


*** UPDATED x1 *** The cost shift appears to be working already

Thursday, Aug 2, 2012 - Posted by Rich Miller

* I’m not trying to single out Sen. Rezin here, but we have a recent quote so let’s use it. This has been the standard response to the Democratic push to shift employer pension costs away from the state and down to local school districts

“It is not helping to stabilize pensions. It is purely shifting a cost that is in the state budget down to local budgets,” said state Sen. Sue Rezin (R-Morris).

* But the second largest school district in the state, northwest suburban District U-46, concluded some very interesting teacher contract negotiations a couple of months ago

The district still may terminate the agreement without notice if the state’s property tax extension law is passed or changes are made to the teacher pension law that would shift the burden of teacher pension payments to the school board. [Emphasis added.]

In other words, if the cost shift passes, teacher pay raises can be nullified without notice. Why would the district want to do that? To keep their own pension costs down. If they finally have skin in the game and can no longer make state taxpayers pay the costs, then they’ll likely nullify the pay raises.

So, for at least one district, the cost shift idea is already having an impact.

* Also, Gov. Pat Quinn has signed on to a long, extended shift process

On Monday, Quinn advocated giving school districts 12 years to phase in their shares of pension costs.

Twelve years is, of course, a very long time for districts to absorb those costs.

* But there doesn’t seem to be any hurry by anyone on either side of the aisle to get this done right away

“If it affects next fiscal year, then we should work on it and refine it and pass it in the next legislative session,” [Rep. Pam Roth (R-Morris)] said.

*** UPDATE *** I missed this one earlier. Speaking of delays

Illinois Senate President John Cullerton renewed his call Wednesday for the House to take up pension changes affecting only state employees and state lawmakers.

The Chicago Democrat said acting on even a portion of the state’s pension funding dilemma should send a message to bond rating agencies that the state is addressing its financial problems, including underfunding of its pension plans.

“The rating agencies should look to the vote that we took in the Senate and hopefully the vote that they’ll take in the House and see we passed major, major pension reform,” Cullerton said.

  58 Comments      


« NEWER POSTS PREVIOUS POSTS »
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* Pass it on: REAL IDs will still be issued after May 7 (Updated)
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* Healing Communities: Pinckneyville Community Hospital
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