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He said, she said

Monday, Jun 29, 2015

* Classic AP

Rauner spokeswoman Catherine Kelly insisted there is precedent for Rauner’s plan. During a 2007 budget impasse, the largest employee labor union, the Illinois Council of the American Federation of State, County and Municipal Employees, filed a lawsuit to compel distribution of paychecks in August. The court ordered payment based on agreement among the comptroller, attorney general and unions to pay in compliance with state and federal law, Kelly said.

“We simply want the same outcome here,” Kelly said. “We are ready to reach a similar agreement with state workers and hope the attorney general reconsiders her efforts to block state workers from getting paid.”

Madigan’s take on the events of 2007 differ. She said the AFSMCE lawsuit focused on a federal requirement that employers pay at least the federal minimum wage when checks are due or face financial penalties. Because a separate payroll reflecting the federal minimum wage was cumbersome, the court authorized the full payroll. The budget was signed into law in time for the month’s second payroll.

Madigan said the court noted it wasn’t setting precedent.

How about instead of doing a he said, she said, the AP just pulls up its own files and reports on what actually happened in 2007? I mean, really, is that so difficult?

* I found my own blog post fairly easily

*** 1:54 pm *** There’s an “agreed order” from the court hearing the AFSCME case to force the state to issue paychecks without a state appropriation in place to authorize them.

I have a person in the courtroom who tells me that the comptroller has been authorized to issue paychecks to workers through August 31. More later.

…From the person in the courtroom…

    Agreement only extends to Aug 31 and shall not serve as binding precedence on this court… Judge signs order and case will remain open. If need for hearing exists they should set for hearing. Over.

    Union members stood up and said thank you your honor and started clapping

…Adding… I was gonna hold this until tomorrow, but I’ll repost it. The SJ-R posted a document on its website with more details back then. Click here.

- Posted by Rich Miller        

  1. - Oswego Willy - Monday, Jun 29, 15 @ 6:06 pm:

    “ck”, hope you had a great weekend. OW

    To the Post,

    ===Madigan said the court noted it wasn’t setting precedent.===

    If the Court says no precedent, the AG cites as such, what makes Rauner think a non-precedent setting ruling becomes magically a precedent he can lean on?

    Facts elude Rauner?

  2. - Blah - Monday, Jun 29, 15 @ 6:08 pm:

    Rauner doesn’t care about the law or facts. He cares about press releases and placing blame at someone else’s feet.

  3. - RNUG - Monday, Jun 29, 15 @ 6:10 pm:

    == Facts elude Rauner? ==

    Just his superstar staff …

  4. - Oswego Willy - Monday, Jun 29, 15 @ 6:12 pm:

    ===Just his superstar staff …===

    I walk into that every time.

  5. - Austin Blvd - Monday, Jun 29, 15 @ 6:12 pm:

    That’s what happens when the GC is imported from IN. All those imports…

  6. - Emanuel Can't - Monday, Jun 29, 15 @ 6:14 pm:

    Thanks Rich. Maybe the AG can use you for legal research next time. NOT snark. Lost a lot of respect for Lisa M today.

  7. - PoolGuy - Monday, Jun 29, 15 @ 6:14 pm:

    so its LIsa’s fault that state workers might not get paid. Oh ok.

    as Willy said earlier today, bizarro world.

  8. - Wensicia - Monday, Jun 29, 15 @ 6:23 pm:

    Welcome to Fantasy Island.


  9. - Oswego Willy - Monday, Jun 29, 15 @ 6:24 pm:

    ===Yes, Pool Guy. It is. She’s a puppet.===

    Is that you John Kass?

    I’m tellin’ ya, this is a “Kass Konspiracy”, with “Fire Madigan” and Lisa waiting to be Governor of Madiganistan… spin.

    Not real. Spin.

    @TribTowerChick will go on the radio, TV, and explain how Mike Madigan and Lisa are preventing Rauner to do what is right in Illinois…

    … because @TribTowerChick already made sure she wrote Rauner is absolved of his decisions.

    “Fire” sale on tinfoil.

  10. - vibes - Monday, Jun 29, 15 @ 6:26 pm:

    The AG doesn’t cut the checks, she can’t block payment. The comptroller can do what she wants, and then the courts can sort it out –again. Not for the first time, WWJudyD?

  11. - A Jack - Monday, Jun 29, 15 @ 6:27 pm:

    State workers should get paid at least the minimum wage. But I am sure the union will go to court to try to get the rest.

    Dear Governor, this is why we have a union. I know you have that 1960’s notion that unions are all corrupt. And I am sure JFK and RFK would agree with you. But they do try to take care of their members.

  12. - PoolGuy - Monday, Jun 29, 15 @ 6:29 pm:

    state workers should call their banks tomorrow and tell them the Governor says he approved no interest loans on their accounts for the next few months /s

  13. - Rich Miller - Monday, Jun 29, 15 @ 6:31 pm:

    ===The comptroller can do what she wants===

    The comptroller cannot issue state checks without an appropriation or a judicial order.

    She has said she won’t do so.

    If she did, she could forfeit her office bond, which would mean removal from office.

  14. - AC - Monday, Jun 29, 15 @ 6:33 pm:

    Rauner, standin up for workin folks, only to be crushed by another Madigan. Legal precedent is just another word for status quo. It’s too bad the Democratic politicians hate workin people so much that they don’t even want to pay them. /s

  15. - Oswego Willy - Monday, Jun 29, 15 @ 6:34 pm:

    ===If she did, she could forfeit her office bond, which would mean removal from office.===

    It’s literally as though Rauner is hoping those paying attention,… aren’t paying attention.

  16. - Mama - Monday, Jun 29, 15 @ 6:49 pm:

    AC -”I think a very important point is being missed - the Attorney General gave this information to the Governor before he issued his statement. He knew in advance there was no legal authority to do this.”

  17. - Juice - Monday, Jun 29, 15 @ 6:50 pm:

    Here’s a simple reminder, “budget vetoes have consequences.”

  18. - Snucka - Monday, Jun 29, 15 @ 6:57 pm:

    The courts need to step in as soon as possible and make clear what the consequences of the budget veto actually are. Everything else is just talk at this point.

  19. - vibes - Monday, Jun 29, 15 @ 7:06 pm:

    Didn’t know The Donald’s lunch partner said that — still, then, how is AG ‘blocking’ worker pay? AG can’t issue a judicial order, nor can she pass or sign an appropriations.

  20. - AC - Monday, Jun 29, 15 @ 7:13 pm:

    Mama, if Rauner can rewrite Blago era history, switching the order in which things occurred this week should be really easy. Reality is for those who choose to be constrained by it, I just wish he’d use his imagination to find more revenue.

  21. - Wordslinger - Monday, Jun 29, 15 @ 8:11 pm:

    I don’t think the guv’s peeps did the research here.

    And seriously, after all the smack the guv has talked about state employees the last two years, who exactly was supposed to buy that silly email he put out regarding his concern about them getting paid?

  22. - Ronbo - Monday, Jun 29, 15 @ 8:46 pm:

    I know a little bit about that 2007 case. I believe one of the reasons the comptroller was eager to go ahead and cut the checks was the possibility of having to pay triple damages if the court ruled in our favor. I think Hynes really wanted to write the checks anyway. He just wanted someone to tell him that he had the authority to do so.

  23. - Rich Miller - Monday, Jun 29, 15 @ 8:57 pm:

    === He just wanted someone to tell him that he had the authority to do so. ===


  24. - Elo Kiddies - Monday, Jun 29, 15 @ 8:58 pm:

    So there’s a circuit court order in 2007 allowing payment under federal law which ran for one pay period and by its terms expired within a month of when it was issued, and an appellate court ruling from 1991 that the state constitution does not allow payment.

  25. - Ronbo - Monday, Jun 29, 15 @ 9:32 pm:

    The idea for that 2007 lawsuit came from a similar action taken by the unions in California. Governor Schwarzenegger tried to get out of paying the state employees there because of a budget impasse and after the suit he tried to get support for only paying minimum wage. He didn’t get it done. Do some research, it is still on the internet somewhere…

  26. - JoanP - Monday, Jun 29, 15 @ 10:24 pm:

    @ Snucka-

    Courts can’t just “step in”. There has to be a case in front of them on which they can rule.

  27. - Just Sayin … - Monday, Jun 29, 15 @ 10:38 pm:

    Assume for a second that Rauner fully knows about the federal law its consequences, then perhaps he should be given credit for choosing not to layoff those federally covered employees under FLSA. Since he technically cannot guarantee a federal minimum wage for about half the number of state employees, as an employer he is faced with this obligation on July 1 and has a choice to either continue business as usual, or layoff these FLSA employees until a budget is approved. It seems to me he has chosen the employee side. Giving him the benefit of the doubt here. I hope it is altruistic.

  28. - Snucka - Tuesday, Jun 30, 15 @ 6:55 am:

    - JoanP -
    Courts can’t just “step in”. There has to be a case in front of them on which they can rule.==
    True. I wasn’t suggesting that they do anything right now. The union will be filing suit and the court will hopefully expedite it. Of course, that doesn’t help us for the next couple of weeks (at least), so we’re just left to listen to dueling public relations campaigns in the meantime.

  29. - Mason born - Tuesday, Jun 30, 15 @ 8:19 am:

    You know if the governor really wanted to make sur e state workers get paid he could avoid all of this by asking the ga for an appropriation to pay payroll. Or am I wrong has the nice plus (from his office) of putting the onus on mjm.

  30. - SAP - Tuesday, Jun 30, 15 @ 8:29 am:

    Saying that the agreed order does not have precedential value is like a judge telling a jury that a witness’ inflammatory statement will be stricken from the record. It’s not there but its there.

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