Capitol Fax.com - Your Illinois News Radar » Social service groups lose court case, considering an appeal
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Social service groups lose court case, considering an appeal

Wednesday, Aug 31, 2016

* Press release…

Pay Now Illinois, a coalition of 97 Illinois-based human and social service agencies and companies, said today that it will consider an appeal of Cook County Circuit Court Judge Rodolfo Garcia’s denial of their request for immediate preliminary injunction and full payment of unpaid contracts dating back to July 1, 2015. While the judge dismissed the coalition’s suit against the State of Illinois, he also urged that their breach of contract suit be expeditiously appealed to a higher court for resolution.

In his ruling, Judge Garcia contended that a trial court was not the right setting for the case.

“We are disappointed with the ruling, but heartened by the Court’s recognition of the irreparable harm that has been caused in Illinois and by the Judge’s comment that our case deserves to be heard at a higher level,” Pay Now Illinois Chair Andrea Durbin said.

“From the beginning this lawsuit has been about good business practices – paying signed contracts in full and on time. The State’s failure to pay – and their belief that there is no way to make them pay – sets an extraordinarily bad precedent that should be of concern to anybody doing business with the state. It calls into question whether any contracts in the state are valid.”

Pay Now Illinois had sought a preliminary injunction for emergency relief that would require the state of Illinois to begin immediate payment on contracts that were more than 60 days in arrears. The motion for injunction was deemed necessary because of the devastating and irreparable harm being caused to plaintiffs who are facing a cascade of damages – laying off staffs, curtailment of essential programs, or entirely shuttering their programs, all of which seriously impedes their ability to serve their clients.

The original lawsuit filed on May 4, 2016 against Illinois Governor Bruce Rauner, Illinois Comptroller Leslie Munger and the directors of six statewide agencies – one agency has since been added – claimed that the state’s failure to pay invoices on services performed under signed contacts was an unlawful impairment, or interference, with the agencies’ constitutional right to a legal remedy for the non-payment of these contracts. The suit further charged that the Governor and other state officials have acted illegally by failing to make payments on contracts while continuing to enforce them.

“It’s important to remember we are seeking full – not partial – payment on our contracts,” said Durbin who is also CEO of Illinois Collaboration on Youth (ICOY). “For the State of Illinois to be considered a desirable business partner, it has to show that it honors its contracts in full. Right now, that is not the case.”

- Posted by Rich Miller        

18 Comments
  1. - Oswego Willy - Wednesday, Aug 31, 16 @ 6:37 pm:

    If you’re a Social Service contractor, advocate, benefactor, or understand what “squeeze the beast” means…

    … Vote Accordingly.

    ===“For the State of Illinois to be considered a desirable business partner, it has to show that it honors its contracts in full. Right now, that is not the case.”===

    The… business decision… to destroy social services is a choice of a man spending $16 million he controls.

    Raunerites want to continue the practice of hurting the most needy and those groups, organizations, and affiliations missioned to help those less fortunate or need care only these groups provide.

    How do I know? This case is still not settled.

    Vote Accordingly. November 8th. No quarter. The Rauners aren’t giving their monies to make sure this continues. Show the Rauners you’re paying attention.

    OW


  2. - Norseman - Wednesday, Aug 31, 16 @ 6:55 pm:

    I feel for all these folks with the exception of ounce, but I doubted that they had much of a chance with their lawsuit. Hope they prove me wrong with the appeal.

    Good luck!


  3. - Matt Vernau - Wednesday, Aug 31, 16 @ 7:14 pm:

    Standard Contract language for Illinois includes a clause that says something to the effect that if there is no money the state will not pay you. Rauner, Munger, et alia have chosen not to pay for this work. It may be time to quit doing the work for free. There is no such thing as a fair fight and you can not win playing by someone else’s rules.


  4. - RNUG - Wednesday, Aug 31, 16 @ 7:23 pm:

    I’m going to be interested in the eventual outcome of this. I’ve thought for some time the only hope was to prove deliberate intent / conspiracy to breach any contract and not pay. With his suggestion to appeal it, it sounds like this judge things there might be something to that claim … but for now, the judge played safe and followed existing precedent.


  5. - Huh? - Wednesday, Aug 31, 16 @ 7:35 pm:

    Shouldn’t this lawsuit been filed in the court of claims rather than a regular court?


  6. - CCP Hostage - Wednesday, Aug 31, 16 @ 8:17 pm:

    In a normal world, when there are insufficient appropriations, one does not issue a contract, which is fair. What is unfair is issuing a contract and blocking any way for the contract to be paid, all the while enforcing every other provision. And that is what is happening here. If there’s no appropriation, don’t contract. Simple if it is simply a financial matter. Which it is not.


  7. - RNUG - Wednesday, Aug 31, 16 @ 8:19 pm:

    == Shouldn’t this lawsuit been filed in the court of claims rather than a regular court? ==

    If your claim is just that you are owed the money and not paid, then Court of Claims is correct. If you are going to claim deliberate and intentional after the fact breach of contract, then the courts leading to the Illinois Supreme Court is the right venue.


  8. - RNUG - Wednesday, Aug 31, 16 @ 8:28 pm:

    - Matt Vernau -

    You could argue that an appropriation was made, albeit one insufficient to properly fund all obligations. Over my 30+ years in state government, I only saw the non-appropriation contract language invoked once … and that was on a big bucks item that had its’ own line in the agency budget, and said line item was deliberately zeroed out after submission in the General Assembly budget process.

    So my take on it is if the ENTIRE line wasn’t zeroed out or if the specific contracted service by name wasn’t submitted on an individual budget line and then zeroed, an appropriation existed and the non-appropriation clause is no defense for non-payment. It may sound like I’m splitting hairs but that is how I’ve seen it done in the past.


  9. - cards rule - Wednesday, Aug 31, 16 @ 8:36 pm:

    typical crap! political judgment obviously.


  10. - DuPage Dave - Wednesday, Aug 31, 16 @ 8:40 pm:

    I’m not convinced that the Rauner gang did any of this deliberately, if only because their collective understanding of state government is very limited. However when the social service agencies crumbled they shed no tears and spoke instead of a necessary shake out. (I’m paraphrasing Rodogno here so if someone has the exact quote please jump in.)

    If your general goal is to cause disruption and disorder and you don’t care who gets hurt, you don’t have to have a specific intention to cause a lot of trouble.


  11. - RNUG - Wednesday, Aug 31, 16 @ 8:54 pm:

    - DuPage Dave -

    If you give credence to tue social service agency stories that the Rauner administration begged, pleaded, and promised eventual payment if the agencies would just continue to deliver services in spite of no budget, that I believe you have a basis for a claim of deliberate fraud / intentional breach of contract. I don’t think incompetence is a valid legal defense; the State as originator of both the budget and the contract had a responsibility to know if said contracts would be paid.


  12. - Mama - Wednesday, Aug 31, 16 @ 9:35 pm:

    I hope social services win at the next level. Social Services are important and they should be held hostage for Rauner’s political games against Madigan.


  13. - RNUG - Wednesday, Aug 31, 16 @ 9:40 pm:

    -Mama-,

    Given past precedent, most judges aren’t going to go out on a limb and rule for the service providers; they figure such a decision is beyond their job level. It’s going to go all the way to the IL SC.


  14. - Opinion? - Thursday, Sep 1, 16 @ 12:06 am:

    Link to the ruling?


  15. - Huh? - Thursday, Sep 1, 16 @ 5:16 am:

    “the State as originator of both the budget and the contract had a responsibility to know if said contracts would be paid.”

    I know in my agency, we don’t sign contracts (agreements) unless there is a funded line item in the current fiscal budget from which the consultant or contractor will get paid.

    So I think that it was willful to ask the social services to continue working without a budget and not knowing if the money would be available to pay for the work.


  16. - Last Bull Moose - Thursday, Sep 1, 16 @ 7:20 am:

    The contract language is tight. Oral agreements or promises outside the contract are specifically excluded from the contract.

    While the service providers appeal, the GA should start hearings. There needs to be a political solution.


  17. - 618er - Thursday, Sep 1, 16 @ 7:53 am:

    - Last Bull Moose -
    “There needs to be a political solution”

    Just spit balling here, but do you mean like an officer of the executive branch submitting a budget, and certain individuals of the legislative branch debating and passing said budget, appropriating funds to pay the contracts said executive or his representatives enter into? That kind of political solution?


  18. - RNUG - Thursday, Sep 1, 16 @ 9:18 am:

    == The contract language is tight. Oral agreements or promises outside the contract are specifically excluded from the contract. ==

    But the State signed it without a budget / appropriation in place … that’s the basis for a claim of deliberate fraud.


Sorry, comments for this post are now closed.


* Question of the day
* Call for bipartisan cooperation met with accusations
* Kennedy talks property taxes, school funding, but won't reveal his "fix"
* ILGOP targets Rep. Martwick with robocall
* Unclear on the concept
* Pritzker robocall: "Don't believe Bruce Rauner's lies"
* Inside the Senate Democrats' minds
* It's just a bill
* *** UPDATED x1 *** Rauner again refuses to accept responsibility or admit mistakes
* Pritzker to get firefighter nod, runs new ads, slammed by Trib, ILGOP
* "Right To Know" Is Wrong For Illinois. Vote No On SB1502
* *** UPDATED x1 - Rauner blames "procurement process" *** Another day, another warehouse lease probed
* CPS borrowing tab rises to $900 million
* Caption contest!
* Citigroup "strongly" urges clients to buy Illinois bonds
* Fingers point over continued Chicago population loss
* After years of ginning up pension envy, BGA finally clears the air
* *** UPDATED x1 - Pritzker responds *** Rauner gets deer in the headlights look after Proft question
* Department of Revenue finds problems with proposed service tax
* *** LIVE *** Session coverage
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............

...............
<


Loading


* Rauner: Give local voters control over property.....
* Senate Democrats: Agencies Must Explain Warehou.....
* Push for downtown Springfield casino taking sha.....
* Push for Springfield casino taking shape - Peor.....
* Political theater on House floor; Dems meet to .....
* Illinois Chamber of Commerce: Seize the Opportu.....
* Push for Springfield casino taking shape - The .....


* EXCHANGE: Suburban Chicago masonic lodge turns 100 years old
* 100 years after JFK's birth, descendants discuss his legacy
* Metra to repair, replace bridges, build new station
* Chicago court stays deportation of pizza worker to Mexico
* Illinois sheriff halts plans for immigrant detention center
* Man sentenced to life for 2 deaths in botched bank robbery
* Bill would ease gender-ID change for transgender citizens
* Jury convicts Chicago woman for spending grants on herself
* House OKs plan to restore Chicago schools' elected board
* Census: Texas has 4 of top 5 fastest growing large US cities

* Push for downtown Springfield casino taking shape
* Push for Springfield casino taking shape
* Push for smaller Springfield casino taking shape
* Census: Springfield population drops below 2010 levels
* Census: Springfield-Sangamon Co. population drops below 2010 levels
* Senate panel questions state warehouse leasing process
* Senate committee questions the leasing process in which Illinois acquires warehouses
* Trump budget draws different Illinois reviews
* Bernard Schoenburg: Senate Democrats take action; situation still tense
* Illinois House begins review of Senate Democrats' budget plan

* Union Station is on its way back, but it needs one more thing
* The hidden Union Station: Take a tour
* Is the Sean Hannity advertiser revolt Bill O'Reilly all over again?
* Sears stock rises after company posts first profit since 2015
* Illinois to receive $1 million of Johnson & Johnson settlement


* Elderly pair assaulted during home invasion, robbery in Belmont Cragin
* Man seriously wounded in Washington Park shooting
* Naperville woman, NY man charged with widespread fraud scheme
* Georgia Nicols horoscopes for May 26, 2017
* Dear Abby: Dad upsets me by asking for grandkids
* Gianforte wins US House race a day after he was charged with assault
* Woman, 76, missing from Belmont Cragin
* Mother suing Chicago Police over pursuit, crash that killed son
* Cub-hating at its core: How sly scheme tried to bring down 1907 Cubs
* CPS teacher charged with sexually assaulting 16-year-old girl


* All aboard: Joliet Rocket steamin' into town
* Cheap out: Five fun things to do for free
* Quigley says Russia probe is 'in its infancy'
* Chicago in epicenter of charter school teacher contract disputes
* Local veterans sought for Library of Congress oral history project
* Illinois Tollway board approves $25 million Route 53 study
* Republican Gianforte wins Montana election one night after being charged with assault
* Deadly botulism outbreak seems limited to 1 nacho cheese sauce bag: officials
* Penguins beat Senators in double OT of Game 7 for return to Stanley Cup Final
* San Diego school district sued over anti-bullying policy that protects Muslim students


» Judge Refuses To Dismiss Murder Case Against Chicago Cop Who Shot Laquan McDonald
» Chicago Firm Will Run $1 Billion Overhaul Of Union Station
» State Committee Approves Tougher Sentences For Repeat Gun Offenders
» Census Data: Chicago Lost 9,000 More Residents Last Year
» Does New Neighborhood Watch Reduce Crime Or Create Resident-Cops?
» Illinois Issues: Should 10-Year-Old Kids Be Kept In Juvenile Detention?
» Chicago Public Schools Look To Borrow $900 Million
» United CEO To Investors: We'll Be More Focused On Customers
» Red-Light Cameras Rake In Millions For Chicago Suburbs
» Judge Delays Decision On How Quickly State Should Pay Medicaid


* Push for downtown Springfield casino taking shape
* Push for Springfield casino taking shape
* No: Trumpcare would result in less service, bigger bills
* Yes: Replacement would afford women better options, lower costs
* Illinois Chamber of Commerce: Seize the Opportunity
* Thumbs Up: To Hope Learning Academy for opening an inclusive restaurant
* Push for smaller Springfield casino taking shape
* Census: Springfield population drops below 2010 levels
* Census: Springfield-Sangamon Co. population drops below 2010 levels
* Senate panel questions state warehouse leasing process


* Sold: Latest Macon County real estate transfers
* Building Permits
* Christopher Coniglio
* Karen Biggs
* Michael 'Mike' Peebles
* Harry Treadwell
* Sharon McCoy
* Tommy Johnson
* Chumley’s hit lifts Routt (with video of the game-winner)
* Calhoun’s Baalmans too much for Mendon


* LEADING OFF: deGrom seeks dry weather, Senzatela 7th win
* Trump, G7 peers seek deals on terrorism, trade, climate
* Boys tennis scoreboard: Thursday, May 25, results
* Baseball scoreboard: Thursday, May 25, results
* Softball scoreboard: Thursday, May 25, results

* US Rep. Randy Hultgren's office the scene ...
* Second Democrat announces bid to unseat Hu...
* Sweet: Hultgren, Roskam, Kinzinger avoid b...
* House GOP takes first steps to undo financ...
* Local Republicans, Democrats praise appoin...
* Batavia resident announces candidacy for 1...
* Teacher raised in Yorkville running agains...
* Protesters continue die-in at US Rep. Rand...
* PHOTOS: Protesters stage die-in at Randy H...
* Jim Walz Will Challenge Randy Hultgren for...

* Metra receives $20-million grant for PTC -......
* Wal-Mart beats JPMorgan again as GOP keeps......

* Bill Passed to Recognize Asian Pacific Ame......

* Citywide Seat Belt Enforcement Zones Through Memorial Day
* Beachwood Photo Booth: Mail Call
* What’s good for Hyde Park sticks it to South Chicago, while the masses yawn!
* “The Driver’s Side” – News From The Motorist’s Perspective
* Republicans call on AG Madigan to enforce balanced budget requirement
* Akin: New Report Shows Personal Injury Lawyers Gaming the System for Profit
* Terence Davies discusses the passions behind his latest film, A Quiet Passion
* Vocal-forward Chicago new-music group Fonema Consort celebrates its second album Saturday
* Tell your Illinois state representative to vote no on pension theft. I did. Will Guzzardi responds.
* In Jefferson Park the opposition isn’t about density. Here is a test about the issue of density: What ward do the richest people in Chicago live in and how does it compare in density to the ward where the poorest people in Chicago live?


* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

  
* Get the LG G6 from Best Buy right now for a measly $288 total ($12 a month)
* Latin America gets Android 7.0 Nougat ball rolling for Moto X Force
* Lenovo brand on Chinese smartphones staying after all
* The Google Assistant revenue path is through ads and promotion
* Android Wear 2.0 getting out to Moto 360 (2015) now, Moto 360 Sport later
* Playing the hardware lottery with the Galaxy S8 (Video)
* Nexus lawsuit update: 5X dropped, 6P pushed on

* Giolito spins seven-inning no-hitter for Charlotte
* Frazier's focus: 'Just keep on rolling' with Sox
* Kopech, Giolito starting on Thursday
* Abreu, Leury homers not enough in finale
* Quintana: Location culprit for big-inning woes
* Abreu, Leury homers not enough in finale
* Sox welcome Detroit for doubleheader


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller