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Rauner wants to move away from court-ordered spending

Tuesday, Jan 12, 2016 - Posted by Rich Miller

* AP

Gov. Bruce Rauner said Monday he will outline a plan to get out from under court-ordered spending that’s plunging Illinois further into debt during a seven-month budget stalemate.

Even without a budget, the state has been required to continue spending on things such as Medicaid and services for people with disabilities because of federal consent decrees and court orders.

Rauner said in an interview with The Associated Press that getting out from under those will “be a big part of our plan going forward,” but he declined to offer specifics on his idea, which one analyst said would require court approval. […]

“He can’t simply say we’re not going to provide services people have a fundamental right to,” said Ed Yohnka, director of communications and public policy for the American Civil Liberties Union in Illinois. Not having a budget will only make it harder for Rauner to show the state is complying with funding requirements, Yohnka said. “If the governor has a magic wand he could wave today for the state to become complaint, we welcome him to use it. It doesn’t exist,” he said. “These are hard, persistent problems. You actually have to do it.”

* And Natasha Korecki at Politico points to recent court action

Rauner made those remarks days after a court-appointed monitor told a federal judge the state failed to comply with a decree aimed to protect adults who suffer from developmental disabilities. In fact, the monitor, Ronnie Cohn, said the state’s system serving those adults reached a “crisis,” point, adding that without a state budget, those in the system face “unprecedented difficulties” including safety concerns. “Until such time as concrete steps are taken to enact a State budget and address the staffing crisis and resulting decrease in service quality as well as lack of development in the community, the Monitor finds noncompliance with this compliance standard.”

Read the report: http://bit.ly/1SfhapV

Last year, advocacy groups sought relief from a federal judge, saying the state — faced with billions of dollars in unpaid bills and no spending plan — stopped paying agencies that provided services to those with disabilities, putting providers at risk of closure. The judge ordered the state to pay for those covered under the Ligas consent decree.

‘Significantly worsened’ — “The current Monitor’s experience in Fiscal Year 2016 thus far is that the status of such resources has significantly worsened. In the current report, there is a finding of noncompliance in this area,” Cohn said in court papers.

Testimonials from Cohn’s report flag a severe staffing crisis due to low wages.

    – “In my 40+years working in the disabilities field in Illinois, I have never encountered such a staff recruitment problem. I would characterize (it) as a desperate situation.”

    – “The most obvious risk is when you truly need two people present and on duty, but you may have only one staff member.”

    – “Providers are reporting double-digit vacancy and turnover rates; staffing programs at bare-minimum levels and focusing staff resources solely on the safety of individuals.”

    – “The agency has a 20% vacancy rate in direct support positions and is taking steps to move people into larger residential settings due to the inability to staff smaller settings. The agency has closed residential intake despite a long waiting list.”

GROUPS POINT AT LAWMAKERS AND GOV OFFICE — “It’s shameful that the state expects that our most vulnerable can be cared for by our lowest paid workers. But for over a decade lawmakers and administrations have ignored the pleas of the community that they provide the resources necessary to recruit and retain a high quality workforce.” — statement from a coalition of disability organizations

* Related…

* Not-for-profits’ plea to state leaders: Think of the seniors, disabled: The message delivered Monday by several not-for-profit service agencies in Jacksonville to state leaders regarding the ongoing budget impasse was simple. “I don’t care what side of the aisle you are on, just get it done,” said Prairie Council on Aging executive director Nancy Thorsen. “I’m even willing to take some cuts. Just get it done so I know what I have to live with.”

       

36 Comments
  1. - AC - Tuesday, Jan 12, 16 @ 9:06 am:

    The hostages are getting confused.


  2. - Norseman - Tuesday, Jan 12, 16 @ 9:07 am:

    If Rauner had governed, he wouldn’t need a plan to rid the state of court ordered spending. I hope his plan is to drop his poison pills.


  3. - Oswego Willy - Tuesday, Jan 12, 16 @ 9:10 am:

    Let’s be very clear, crystal clear;

    Rauner wants pain inflicted.

    Rauner tried to inflict pain but… between the insane idea of refusing to have a budget BUT… paying state employees and not seeing the irony of that… and…

    … the going to court himself, or others in state government making sure those stipulated, required payments are made…

    …Rauner found his hostsge strategy only holding less than 10% of the state’s revenues from finding their end destination.

    Rauner hates that. Rauner can’t stand that not enough people are “hurtin’ because… Madigan”

    Rauner lacks, because Rauner didn’t even realize mandates are something even HE can’t stop.

    It’s comically tragic that a governor feels pain is required. It’s not residue of choices, the pain, the crippling pain is required…

    … and for Bruce Rauner… it’s just not enough pain for his… liking.

    It’s breathtaking. Rauner sees people hurting as a “good governance” credo, even if the law dictates that hurting people by stopping payment isn’t possibke.

    The Owl?

    Ron Sandack agrees. Right?

    “@RonSandack: I’m frustrated 2, but taking steps towards reforming IL more important than short term budget stalemate.”

    … Exactly right.

    Bruce Rauner and the Owls…

    Just. Don’t. Care.


  4. - ChicagoVinny - Tuesday, Jan 12, 16 @ 9:10 am:

    I don’t suppose there’s any chance the court could hold Rauner and the legislative leaders in contempt until they create a budget, is there?


  5. - Wensicia - Tuesday, Jan 12, 16 @ 9:17 am:

    I guess the people dependent on this funding aren’t suffering enough.


  6. - wordslinger - Tuesday, Jan 12, 16 @ 9:19 am:

    A plan, eh? What a concept.

    Will there be chickens involved?


  7. - Cubs in '16 - Tuesday, Jan 12, 16 @ 9:28 am:

    Staffing crises for DD providers? It’s ok, Rauner has a plan for that. ACTIVATE THE NATIONAL GUARD! /s


  8. - Dome Gnome - Tuesday, Jan 12, 16 @ 9:33 am:

    I read the Monitor’s report when it initially came out, at the end of last week. This is the first time a Ligas Monitor has ever found the state out of compliance. Under Quinn, movement was at least being attempted and it was easy to see some glimmer of progress. Twenty-six years ago, when it became apparent to me that I needed to understand the Illinois DD system, I was HORRIFIED to learn that the state was using a lottery system to choose who received developmental services. It wasn’t a civilized system then. It is even less civilized now.


  9. - Facts are Stubborn Things - Tuesday, Jan 12, 16 @ 9:38 am:

    Pass a budget with cuts and tax increases. Rauner then needs to make his case in the 2016 elections that he needs more republicans to get his turn around agenda passed. Rauner needs to learn how to count….quite a few dems in the legislature.


  10. - Aldyth - Tuesday, Jan 12, 16 @ 9:45 am:

    Rauner lashes out at others to cover up his own lack of competence. Where have we seen this technique before?

    Remember a guy named Blagojevich?


  11. - Honeybear - Tuesday, Jan 12, 16 @ 9:49 am:

    OW- Where are the Republicans like you? Why is your voice the only conservative voice of sanity? I’ve been trying to figure out what happened to them. Could Edgar et al not cut Rauner off at the knees by saying “we made a huge error by shorting the pension payments. I should not have signed off on it and we shouldn’t blame the union and state employees for the mess”. You know it reminds me of the search for and empowerment of moderate Muslim clerics. Where are the moderate Republicans? Would not the lifting of these voices undercut the Raunerites?


  12. - Anon - Tuesday, Jan 12, 16 @ 9:51 am:

    After reading this, I am literally sick to my stomach.


  13. - Boss Tweed - Tuesday, Jan 12, 16 @ 9:59 am:

    This sounds like another one of those things where Rauner’s plan will forever be coming soon.


  14. - RNUG - Tuesday, Jan 12, 16 @ 10:10 am:

    Sounds like Rauner is hoping the courts will tire of this game and just go away. Not likely to happen.

    The way out from under court orders is this thing called a budget.


  15. - nona - Tuesday, Jan 12, 16 @ 10:50 am:

    The disabled and feeble seniors who are deprived of crucial services are just collateral damage in Rauner’s war on unions.


  16. - nona - Tuesday, Jan 12, 16 @ 10:55 am:

    It’s short-term pain for the most vulnerable for long-term gain for the anti-union agenda that candidate Rauner insisted he didn’t have.


  17. - Oswego Willy - Tuesday, Jan 12, 16 @ 11:03 am:

    - Honeybear -

    Here’s what I know;

    I won’t speak to “all the Republicans” phony meme that Gov. Rauner loves. I am who I am, accidentally channeling “Popeye” I guess.

    What happened was Rauner made Republicans choose is all;

    I won, I have the state party, I can prop up the GOP GA, I can give financial credibility to y’all, but you will back me. That’s the trade off.

    Vs.

    Governing within the Republican Ideals of what many say are fading. Use the search key; how many more articles begin “In Today’s GOP, ‘X’ would never fit in”

    It’s really about embracing the black and white partisanship versus working to do what government should be about; finding solutions while maximizing your wins the best you can while minimizing your political loses, loses that are needed to fulfill a true compromise.

    Rauner, to his honest to goodness credit, solidified his support in the ILGOP, got the leaders to buy in, and is using that partnership to its maximum.

    I don’t fault the GA Leaders. Not one bit. I get the game, and it’s a game. I respect both Leaders, Radogno and Durkin, and want them to succeed. I want them to succeed so they can, independently and autonomously help Rauner learn the governing.

    If anyone thinks I’m rooting against Durkin or Radogno, they’re not reading very well.

    So, - Honeybear -, I’m not a unicorn, but I’m not saying there’s corrals and corrals of people like me either. What’s disappointing in the marginalizing of Edgar, and Thompson, and Fahner, and making the line in the sand very wide and very deep;

    You’re with Rauner… or you’re not. You’re loyalty isn’t in question, it’s demanded. Period.

    I love the legislature, I love the Republican Party. The Republican Party that sought an endirsement from Local 150, from Teachers, and embraced fiscal policies of responsiblity.

    I know Durkin and Radogno are there. I know they both support Rauner. The difference is the Raunerite Ideals I can’t buy. So, it’s puts those like me in a different category is all.

    Choosing sides will not build the Republican Party here in Illinois, but it will make clear that Raunerite Ideals are the platform to build for Gov. Bruce Rauner.

    With respect.


  18. - Earnest - Tuesday, Jan 12, 16 @ 11:07 am:

    >he declined to offer specifics

    Don’t worry. We’ll get them after the election. Which election, that’s the question. By far my biggest disappointment with Governor Rauner, the lack of real numbers is his proposed budget or elsewhere.


  19. - VanillaMan - Tuesday, Jan 12, 16 @ 11:10 am:

    The pyromaniac is upset that the firemen are saving the trapped children in the building.

    “A ladder!”
    “Who said they can use a ladder?”
    “Who told those kids there were fire escapes?”


  20. - Anonin' - Tuesday, Jan 12, 16 @ 11:14 am:

    OK.
    The SuperStars say this nonsense and no one remembers 10 days ago when his own lawyers settle a court case over the failed policy of mental health treatment in the prisons….we understand how the SuperStars doesn’t want to waste their time on details…but should ck or someone jump and say we’re doin’ our own consent decrees?
    Gettin’ embarrassin’ It has been a year now


  21. - Demoralized - Tuesday, Jan 12, 16 @ 11:20 am:

    ==getting out from under those will “be a big part of our plan going forward,”==

    A budget would do that.


  22. - walker - Tuesday, Jan 12, 16 @ 11:24 am:

    The only apparent way the courts will back out, is when a budget, or at least parts of it in the form of bills, are passed and signed.

    Unless there’s some new form of borrowing, possibly through IFA, to fund some specific programs. That might ease the courts with alternative funding, but it certainly only shifts the problem.


  23. - DuPage - Tuesday, Jan 12, 16 @ 11:32 am:

    A plan to get out from under court orders? At about this point, Rauner would declare bankruptcy. Unlike private sector businesses though, STATES cannot go bankrupt, someone should tell Rauner that.


  24. - Federalist - Tuesday, Jan 12, 16 @ 11:40 am:

    To what extent will all aspects of the budget be court ordered in no budget is passed and there are no appropriations for different agencies?

    Will universities and other government agencies fall into this situation as well?

    Thoughts?


  25. - Earnest - Tuesday, Jan 12, 16 @ 11:57 am:

    >Gov. Bruce Rauner said Monday he will outline a plan to get out from under court-ordered spending that’s plunging Illinois further into debt

    Without the court orders, he’d have more hostages available. At least it’s a break from blaming unions and Madigan for plunging IL further into debt.


  26. - BobO - Tuesday, Jan 12, 16 @ 12:28 pm:

    Nationally, Illinois ranks 42-44th in its funding of community developmental disability services. This is the result of 25+ years of underfunding from both Democratic and Republican administrations. Without lawsuits and the court’s intervention, we would probably rank 51st.


  27. - Anon221 - Tuesday, Jan 12, 16 @ 12:44 pm:

    Link to press conference (audio) in Jacksonville at bottom of the article:

    http://wlds.com/news/service-providers-share-specific-details-of-how-budget-has-affected-them/


  28. - Last Bull Moose - Tuesday, Jan 12, 16 @ 1:09 pm:

    A budget is necessary but not sufficient to get out from under the Court order. Services must be provided at levels acceptable to the Judge. Much of the State is under consent decrees that set minimum levels of service.

    Good management can cut the cost of providing acceptable service. That’s called governing.


  29. - Federalist - Tuesday, Jan 12, 16 @ 1:19 pm:

    .” Services must be provided at levels acceptable to the Judge. ”

    If that is the case we have further evidence of a Judiciary that is totally out of control.


  30. - wordslinger - Tuesday, Jan 12, 16 @ 1:28 pm:

    –.” Services must be provided at levels acceptable to the Judge. ”

    If that is the case we have further evidence of a Judiciary that is totally out of control.–

    Huh? By ordering and monitoring compliance with the law, after harm has been demonstrated for unlawful administration?

    How do you think these consent decrees came about? Because the law was being ignored by the executive. The judiciary is the constitutional remedy for that.

    How’s about Rutan and Shakman, are those consent decrees an example of a judiciary out of control?


  31. - RNUG - Tuesday, Jan 12, 16 @ 1:30 pm:

    Most those consent degrees just say the State / agency will meet whatever federal or state law they were found to be / agreed they were in violation of. The judge isn’t just making it up as he goes along: he’s (hopefully) trying to match actions to the law.


  32. - Fderalist - Tuesday, Jan 12, 16 @ 5:05 pm:

    @wordslinger.

    “How do you think these consent decrees came about? Because the law was being ignored by the executive.”

    Nothing like replacing one arrogant dictator with another. And to what extent is the law being ignored. Without more detail neither you nor I really know and too often is more of a matter of personal opinion on what is being ‘properly funded’.

    Who says it is underfunded and what law is that based upon. Too often more a matter of opinion rather that precise economics and the law.

    No single judge should have that type of power and I bet if you disagreed with a judge you would not like this type of judicial power. It just so happens you are in agreement with this judge.


  33. - Rich Miller - Tuesday, Jan 12, 16 @ 5:06 pm:

    ===No single judge should have that type of power===

    Almost all of these are consent decrees.

    You understand that means the parties consented, right?


  34. - Federalist - Tuesday, Jan 12, 16 @ 5:22 pm:

    So you are saying that Rauner agreed to the original court order by this judge.


  35. - Annonin' - Tuesday, Jan 12, 16 @ 7:35 pm:

    Rich is sayin’ SuperSar lawyers have not tried to stop any order/consent decree that trumps (tee hee) the lack of a budget
    Funnier yet is SuperStar lawyers have finalized a consent order in Rasho v. Baldwin which brings some NEW and long need expansion of health care for the prisons. Very interesting plan


  36. - Federalist - Tuesday, Jan 12, 16 @ 9:41 pm:

    Annonin’

    Most probably you have a good point. Of course Rauner may or may not agree. I suspect that he will not go along with such a decree without major revisions as t what this judge would do.

    of course, my only point has been that no judge should have this type of power. What one group may like with one judge they may not like with another in this type of situation- and for very good reason.


Sorry, comments for this post are now closed.


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