[Reposted, bumped up and opened to non-subscribers because I originally published this late yesterday and it might’ve been overlooked, and AFSCME has just issued a press release about the lawsuit.]

* As I told you last week, AFSCME was preparing to file suit in St. Clair County to force the government to keep paying state employees in the event there is no appropriations authorty. The union filed the suit this afternoon. Read it by clicking here.

* There’s also a bit of a conflict between the comptroller’s office and the governor’s administration. Comptroller Hynes wants the administration to certify individuals who qualify under a federal law for basic minimum wage in case there is no other avenue to pay them. Read the comptroller’s letter by clicking here.

The reason the administration has balked is the legal consequence of making a mistake. From AFSCME…

…we communicated in the strongest terms possible in a letter to CMS today that certifying such payrolls on the basis of job titles only is not supported by law, and pointing out that anyone so certifying a false payroll is personally liable – upon penalty of discharge from office for an elected official and termination of employment for an employee.

Yikes.

* And here’s Tuesday morning’s press release…

AFSCME sues to ensure state employees are paid on time, in full
Union goes to court as state budget crisis jeopardizes paydays

The largest union of state employees has filed suit to compel the state of Illinois and comptroller Dan Hynes to pay union members and all state workers on time and in full even if no state operating budget is approved for the new fiscal year that began July 1.

The American Federation of State, County and Municipal Employees (AFSCME) Council 31, which represents some 40,000 frontline state workers, filed the suit late Monday in St. Clair County circuit court.

“It’s unfortunate that elected officials have yet to agree on a responsible state budget. Even so, AFSCME members and all state employees continue to provide the vital services that Illinois residents rely on,” the union’s executive director Henry Bayer said. “No matter what happens at the Capitol, the state of Illinois is obligated under the law to pay its employees for their work, in full and on time. Our union will use every tool available to make sure that it does.”

AFSCME filed a similar suit during the state budget crisis of August 2007, obtaining a court order that compelled then-Governor Blagojevich and Comptroller Hynes to meet the state’s scheduled payroll in full.