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*** UPDATE x11 *** THIS JUST IN…ATTORNEY GENERAL MADIGAN MOVES TO DISMISS STATE EMPLOYEE PAY ORDER

Thursday, Jan 26, 2017 - Posted by Rich Miller

Posted by Barton Lorimor

* 7:13 p.m. - A motion filed moments ago in St. Clair County Circuit Court by Illinois Attorney General Lisa Madigan requests the dissolution of previous orders allowing payment of regular wages to state employees despite the absent appropriation authority.

Expect updates to come soon including the motion.

…Adding…For those who need a little background: Normally, state agencies send payroll vouchers to the Comptroller citing specific budget lines (appropriations). But when the state started fiscal year 2016 without a budget, the agencies could not send their payroll to the Comptroller. AFSCME filed suit in St. Clair County Court, which ordered state employees be paid even though there were not budget lines for it.

Meanwhile, the Illinois Supreme Court ruled in a lawsuit brought by AFSCME the state did not have to pay raises outlined in the last enacted bargaining agreement because the Legislature did not give state agencies the appropriation authority.

The AG is essentially bringing the higher court’s ruling into the St. Clair Court’s order.

* 7:21 p.m. - From the AG…

This is our filing broken into two documents. The motion is the second attachment.

* 7:28 p.m. - Attorney General Madigan’s statement…

“Like everyone else in this state, I have long hoped that the Legislature and the Governor would pass and enact a budget. Unfortunately, that has not occurred and an order by the St. Clair County Court has removed much of the urgency for the Legislature and the Governor to act on a budget. However, during this long impasse, the Illinois Supreme Court overruled the sole legal basis for the St. Clair County Court’s order to allow state operations to continue without an appropriation. With a new legislative session now underway, this is an appropriate time to ask the Circuit Court to reconsider this order in light of the changes in the law.”

* 8:42 p.m. - I asked the Attorney General’s Office to elaborate on the timing of this motion. Here’s the response…

It has always been our goal to allow the executive and legislative branches to do their job without further litigation. While the stopgap budget was in place, it was our hope that the Governor and Legislature would continue to work to enact a full fiscal year budget. The Legislature and the Governor now face the need to enact a budget for the rest of the fiscal year. With the legislature in session, this is an appropriate time to address the need to pass a full budget to cover all operations.

* 7:32 p.m. - From Anders Lindall, spokesman for AFSCME Council 31…

We learned of this filing barely an hour ago. We are reviewing the motion and will respond in court.

Despite all the chaos in state government in the past two years, the people of Illinois have been able to count on state employees being on the job to serve them. The last thing Illinois needs is the further instability that blocking state payroll could cause.

Governor Rauner created this hostage situation by refusing to enact a fully funded budget unless his unrelated personal demands were enacted first. He should put aside those demands and do his job to work toward a budget without preconditions. Even so, we are shocked and extremely disappointed that the Attorney General would take this action. It is fundamental that everyone who works must be paid on time and in full, but this filing throws that basic commitment into question for state employees.

* 7:49 p.m. - From the Comptroller…

“Had Governor Rauner met his constitutional duty to propose a balanced budget in 2015 or 2016, we would not be facing a scenario where the livelihoods of our frontline employees could be threatened in this way.”

“Due to Governor Rauner’s abdication of his constitutional executive duties, our state finances continue to be managed almost wholly by court orders and judge edicts. It’s shameful that under his administration, the fifth largest state in the country is forced to operate like a bankrupt business.”

“We do not welcome the prospect of state employees going unpaid. I, like my fellow lawmakers, have been going without a paycheck. The last thing I want is for state employees to join me. I can tell you first-hand how hard I see my employees work. They do not deserve to be used as pawns in a manufactured budget impasse.”

“That said, I will abide by all court rulings as Attorney General Madigan pursues this court action.”

* 8:10 p.m. - From the Illinois Republican Party…

Illinois Republican Party Statement on Madigan Political Court Filing:

“While serious bipartisan negotiations have accelerated in the Senate, it is outrageous that Lisa Madigan tonight decided to put Speaker Madigan’s power politics ahead of hard-working families in an effort to shut down state government. Only a Madigan would try to disrupt bipartisan momentum in a matter that threatens to cripple government services and hurt state workers and their families. Comptroller Mendoza and every Democrat in the state who claims to be independent of the Madigan machine should immediately denounce these tactics and stand on the side of state employees and those who depend on them.”

* 8:25 p.m. - From Catherine Kelly, Gov. Rauner’s spokesperson…

“It’s disappointing to see any move to stop employee pay and disrupt government services, especially now as the Senate is on the verge of a bipartisan agreement to enact a balanced budget with changes to the system. This filing seeks to directly harm thousands of employee families and even more who rely on our dedicated state workers everyday. We urge the Attorney General to reconsider this filing and pledge to do all we can to defend employee pay.”

* 8:53 p.m. - Leader Radogno…

“The legislature has been involved in very public, delicate negotiations. The timing of this action could create an unnecessary crisis that could derail real compromise.”

* 9:26 p.m. - [Posted by Rich Miller, who is back from a speaking engagement in Decatur) Senate President Cullerton’s spokesman in the Sun-Times

“The Senate president has said that there is an urgent need to have a budget and this would appear to add to that sense of urgency,” spokesman John Patterson said.

* 9:39 p.m. - State Representative Avery Bourne (R-Raymond)…

“The recent court filing from Attorney General Lisa Madigan can only be described as putting politics over people. This politically-motivated action is the same kind of Chicago-style politics that the Madigans too often employ. At a meeting I attended just this morning, a comment was made that, ‘as soon as deals in Illinois are close to done, someone always tries to blow it up.’ While the Senate has been negotiating and making progress towards a bipartisan budget deal, Madigan chose to instead disrupt state employee pay in an attempt to force a shutdown of state government, crippling vital government services and endangering families who rely on them. Attorney General Lisa Madigan should immediately denounce these hardball political tactics and stand with state employees and those who rely on state services.”

* 9:46 p.m. - House GOP Leader Jim Durkin…

The timing of the Attorney General’s action is questionable in light of the current attempts to resolve the budget impasse. This decision clearly undermines the legislature’s duty to negotiate a bipartisan solution

  213 Comments      


*** UPDATED x1 *** Drury lists “retribution” for votes, including no gift bag

Thursday, Jan 26, 2017 - Posted by Rich Miller

* Hilarious…


* From his district office director…

To Whom it May Concern:

Earlier today, State Rep. Scott Drury outlined the repercussions he has thus far faced for representing his district and not voting for Michael J. Madigan for Speaker of the House. Rep. Drury believes that only by shining a light on the use of fear and punishment to drive decisions in Illinois government can needed change come about.

* Here’s the press release…

Stating that the only way to reform the fundamental flaws in Illinois government is to expose them, earlier today, State Representative Scott Drury (D-Highwood) outlined the repercussions he has thus far experienced for heeding the will of his constituents and not voting for Michael J. Madigan for Speaker of the House. According to Drury, the repercussions are an overt warning to his colleagues – “choose to represent your district at your own risk.”

Ranging from petty to poor policy, the punishments began almost immediately after Drury cast his vote. Indeed, the next day, Democratic House staff handed out on the House floor a gift bag to members of the Democratic caucus. Inside was an engraved desk clock. Drury did not get one.

That small act was only the beginning. Since then, Drury became the only third-term representative, outside of legislative leaders, to be bypassed for a House committee chairmanship. Further, Drury, a former federal prosecutor, not only lost his vice-chairmanship on the House Judiciary-Criminal Committee, but was removed from the committee altogether. Drury received no explanation for his removal.

In drawing attention to the retribution he has faced, Drury made clear that this is not about him but about shining a light on the very real use of fear and punishment in Illinois government to drive important decisions. “No elected official should fear being punished for representing his or her district, and no one should remain silent when it happens,” said Drury. “History is littered with the awful consequences that follow from people remaining silent, when speaking up and taking action is the proper course.”

Classic.

He voted against the Speaker then he voted against the House rules and now he’s complaining that he didn’t get a clock and wasn’t appointed chairman of a committee.

What did he expect?

*** UPDATE *** From an e-mail to his constituents entitled “The retribution has begun”…

Friends:

Thank you for the overwhelming support with respect to my decision to not vote for Michael J. Madigan for Speaker of the House. As expected, the retribution has begun. Here are some examples:

    I did not receive a committee chairmanship (I am the only third-term representative without a chairmanship);
    My Vice-Chairmanship position on the Judiciary-Criminal Committee was taken away;
    I have been removed from the Judiciary-Criminal Committee;
    In a petty maneuver, the day after the Speaker vote, Speaker Madigan’s staff provided Democratic caucus members with an engraved clock as a gift — I did not receive one.

WHY THIS MATTERS
The actions described above are intended to make members fearful of “stepping out of line.” This leads to decision-making based on self-interest, not public interest. For instance, I recently learned a colleague felt compelled to vote for Mr. Madigan for Speaker out of fear of losing a chairmanship position and the $10,000 stipend that comes with it.

THE SPRINGFIELD REACTION
The disparity between the feedback I have received from real people versus “Springfield types” has truly been amazing. While the public has universally applauded my recent actions, Springfield has resorted to grade-school intimidation techniques — such as name-calling. Springfield has also criticized me for not “going along, to get along.” History has shown that this old way of doing business leads to dismal results.

We will keep you posted on this issue and our other efforts to reform Illinois. As always, thank you for the privilege of allowing me to represent you.

–Scott

  78 Comments      


*** UPDATED x1 -AFSCME responds *** Rauner’s top lawyer talks about using National Guard if AFSCME strikes

Thursday, Jan 26, 2017 - Posted by Rich Miller

* Kerry Lester

Rauner representatives spoke with the Daily Herald editorial board this week about preparations in case the American Federation of State, County and Municipal Employees votes to strike later this month. The union and the governor have failed to agree on a contract proposal, with the governor’s office rejecting the union’s latest proposal earlier this month

Dennis Murashko, the governor’s general counsel, said the governor could fill spots by mobilizing the Illinois National Guard, as Minnesota did in 2001. The governor’s office estimates 28,000 to 30,000 workers around the state could go on strike. AFSCME is scheduled to take a strike vote Jan. 30.

So, maybe now we know why the governor doesn’t want to mobilize the National Guard to help quell Chicago’s violence? /snark

…Adding… Wordslinger makes a valid point in comments…

That’s not snark.

Consider how much time and effort Rauner and the Frat Boys have invested in fighting AFSCME.

Now, compare that to the time and effort they’ve invested in fighting the Chicago homicide explosion.

*** UPDATE ***  From AFSCME…

For more than year Bruce Rauner has refused to compromise or even meet with our union, leaving public service workers no choice but to consider authorizing a strike. Rauner is demanding a 100% hike in employee health costs paired with a four-year wage freeze for nearly 40,000 men and women who protect Illinois children, care for veterans, help struggling families and more. Now news reports suggest that Rauner is threatening to try to break a strike with the National Guard—a scheme that was widely criticized when first rumored 18 months ago. Everyone of good conscience, regardless of party, should tell Bruce Rauner to renounce his reckless National Guard scheme, reject confrontation and seek a fair compromise with AFSCME.

[ *** End Of Update *** ]

Bernie, by the way, profiled Murashko the other day. Murashko said his favorite Supreme Court Justice is Clarence Thomas. He comes from the Jones Day law firm, which is infamous for its defense of corporations against unions.

* Anyway, how did things go in Minnesota? From an October 2, 2001 NY Times story

Nearly 28,000 Minnesota state employees walked off the job today in a demand for higher pay, drawing criticism from many Minnesotans, who said the strikers were acting selfishly at a time of national crisis [a few weeks after the September 11th attacks]. […]

The strike, one of the nation’s largest in decades involving public employees, pits two powerful unions against Minnesota’s usually outspoken governor, Jesse Ventura, who has adopted a low profile in this dispute.

The walkout began at 6 a.m. and immediately had a broad effect. Driving tests and birth registrations were delayed. The Minnesota Zoo was closed. The Minnesota National Guard deployed 920 of its members to help operate 120 state-run health care centers, whose social workers, psychologists, nurses’ aides, food workers and janitors were among the strikers.

* An LA Times story from the same day

To fill some of the most crucial positions, Ventura has turned to the National Guard. About 1,000 reservists will report to state-run health care facilities, such as nursing homes for veterans, to feed and care for patients. Others will perform routine maintenance work to make sure, for instance, that boilers are working at all state facilities, Wodele said.

* The strike ended about two weeks later

Workers went on strike three weeks after the Sept. 11 terrorist attacks, and the timing has been a public-relations challenge for union members.

Managers pulled double-duty and as many as 1,000 members of the Minnesota National Guard helped out in nursing homes, veterans homes, security hospitals and treatment centers.

Services were disrupted in some state agencies, but no major problems were reported.

Poll results released Friday found that more than half of respondents felt it “wrong for state employees to be on strike now.” The Star Tribune newspaper poll also found people more sympathetic to the administration’s position than to the unions’.

* Related…

* Roberta Lynch: Refusing to compromise, Rauner risks a strike

* Austin Berg: AFSCME strike vote is an insult to middle-class

  66 Comments      


*** UPDATED x1 *** And now for something completely different

Thursday, Jan 26, 2017 - Posted by Rich Miller

* Umm…


Huh?

*** UPDATE ***  Sen. McCarter deleted the tweet, but I just so happen to have a saved copy…

  48 Comments      


*** LIVE *** Session Coverage

Thursday, Jan 26, 2017 - Posted by Rich Miller

* The House went home yesterday, but the Senate is still in town. Follow along with ScribbleLive


  3 Comments      


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