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*** UPDATED x1 - Rauner responds *** AFSCME: Rauner scheme is “cronyism” and won’t work - “It is hard to imagine anything more tone-deaf and heartless”

Thursday, Jan 7, 2016 - Posted by Rich Miller

* AFSCME Council 31’s Anders Lindall has responded to the governor’s bonus plan and contract other offers that we discussed earlier today…

“The Rauner Administration’s latest scheme would allow the governor’s political appointees to reward chosen employees based on their own subjective criteria. This Rauner plan would open the door to cronyism and favoritism that AFSCME believes should be kept out of government entirely. It’s why so-called ‘merit pay’ plans are better termed ‘political pay’ and have been rejected by so many employers in public service. Just last week the Tennessee auditor criticized a similar scheme in that state and questioned its ‘objectiveness and fairness’.

“In addition to being ripe for abuse, such schemes simply don’t work, as the governor himself should know, since Rauner personally funded a bonus program for Chicago school principals that ‘failed to retain principals.’

“The Rauner Administration plan’s new twist is downright discriminatory toward working parents and anyone who gets sick or injured. Under the governor’s proposal, any employee missing seven or more work days in a year would get no pay increase. It is hard to imagine anything more tone-deaf and heartless than Rauner’s plan to punish a cancer patient, a heart attack or stroke victim, someone who suffered a debilitating accident or the parent of a child with a serious illness. The Rauner proposal offends common sense, and we seriously question whether it may also violate federal laws such as the Americans with Disabilities Act and the Family and Medical Leave Act.

“AFSCME represents tens of thousands of public-service workers on the front lines of state government doing difficult and demanding jobs every day. They protect kids, keep our communities safe, respond to disasters such as the recent devastating floods, and provide countless other essential public services in every community statewide. In return, like all working people, they deserve family-sustaining wages, not unfair and unworkable attempts to manipulate the rules and drive down their take-home pay.”

*** UPDATE *** From the governor’s office…

Hi, Rich –

I wanted to pass along this response from Mike Schrimpf in response to AFSCME’s statement:

    Once again AFSCME doesn’t let the facts get in the way of trying to scare their members and AFSCME’s actions today are further proof why there has been so little movement at the bargaining table. The Governor makes a reasonable proposal that should generate discussion and AFSCME rejects it outright by using false and misleading information.

    The Governor’s Merit Pay proposal rewards employees who miss fewer than a designated number of “assigned work days” in a year. An assigned work day does not include a day for which the employee has received advanced approval to be absent, such as approved vacation time or an approved leave of absence, including FMLA leave. Therefore, contrary to AFSCME’s claims, an employee would not be disqualified from earning the bonus for absences related to an approved FMLA leave.

Thanks,
ck

  140 Comments      


More kicks off state’s attorney campaign

Thursday, Jan 7, 2016 - Posted by Rich Miller

* Tribune…

Political newcomer Donna More on Wednesday kicked off her campaign to become Cook County’s top prosecutor by attacking State’s Attorney Anita Alvarez, with the challenger saying she would have brought charges against a Chicago police officer far sooner in the fatal shooting of Laquan McDonald.

More did not limit her criticism to Alvarez’s handling of what now is the murder case against Officer Jason Van Dyke. She also said Alvarez has done too little to battle public corruption in a county that runs on a “finely tuned system of winks and nods, contracts and kickbacks, jobs here for political favors there.”

“Anita Alvarez has run an appallingly lackluster office for years with delayed prosecutions, wrongful convictions and policies that favor influencers and the well-connected while justice takes a back seat to politics — and victims and their families pay the price,” More said before dozens of supporters in a rented ballroom at the Hotel Intercontinental on North Michigan Avenue.

* The LaQuan McDonald case took center stage. From her press release…

“Our community has been rocked to its social and moral core by chants of ‘400 days’ and ‘16 shots,’” she continued. “If we had a State’s Attorney with the courage to act promptly on the video evidence of Laquan McDonald’s death, we’d be at trial today, not in the streets. We could have avoided a $5.0 million cover-up decision, and we wouldn’t need any federal investigations.

* ABC 7…

“I think that case should have been indicted in November of 2014,” More said.

* Alvarez’s response via the Sun-Times…

“Candidates will say just about anything with no accountability. Donna More has never prosecuted a police officer in her life,” said Alvarez campaign spokesman Ken Snyder. “She has no idea what’s involved. Look no further than Baltimore to see what happens when an inexperienced prosecutor rushes to charge under pressure — it results in hung juries or worse. It’s scary that casino lawyer More would wrap up murder charges against police officers in a few days. There is no justice in calling someone a murderer and then watching them walk out of a court instead of into a jail.”

* CBS 2…

“She does not have the capacity to even look at a police shooting case,” Alvarez said. “She has no idea. It’s really disheartening and kind of scary to think that she’d be able to wrap up an investigation and a couple of weeks.”

* And ABC 7…

“Neither one of my opponents have the experience or the integrity that I have to run this office and I will continue to do that,” Alvarez said.

* More’s work history was also brought up…

“Miss More is currently a gaming lobbyist and has been in the gaming industry for the last 25 years,” Foxx said.

“She’s been representing casinos all these years and that’s how she’s raised her money,” Alvarez said.

More says, “When I went into private practice I represented clients to keep them on the straight and narrow in regard to complying with rules and regulations and I’m proud of the jobs I’ve done doing that.”

…Adding… MrJM begs to differ in comments. He has a point.

* Rod Blagojevich’s former attorney Sam Adam, Jr. also spoke up for More…

“I knew there was no need for me to run, there was no need to back a Kim Foxx, we have who and what we need in Donna More,” Adam said.

* Back to ABC 7…

“We don’t need to look at this thing as black and white. That’s the problem that we have. We’ve got to understand that we’re in this together,” Adam said.

* The Rauner issue also made some of the news reports. Sun-Times…

A campaign contributor to Gov. Bruce Rauner, More boasts a healthy campaign war chest largely fueled by her mother and her husband, veteran public relations executive Hud Englehart. More recently lifted the cap on donations to candidates in the primary race by making a $250,000 contribution to her own campaign.

* Chicago Defender…

More and her husband have come under scrutiny for donating $2,500 to the Bruce Rauner for governor campaign. She stands firm on her belief at the time that change was needed, but admits that she was wary with that decision. She also has made it very clear that the couple also made contributions to President Barack Obama and Cook County Board President Toni Preckwinkle’s campaigns. “As Democrats we always have to make sure we have good choices,” More said.

“I wanted to see things I wanted to hope that maybe with some different faces, we would get more cooperation. That didn’t happen. I’m certainly not defined by one thing. No more than we’re defined as women, or African-American women or White women. I view this as a label.”

We’d get more cooperation?

Really?

  42 Comments      


A new twist on the gift ban

Thursday, Jan 7, 2016 - Posted by Rich Miller

* They had a big problem with this in Missouri recently, but I’m wondering what y’all think…


* Relevant passage from the bill…

For purposes of subdivision (2) of this subsection, the term “gift” shall include sexual relations between a registered lobbyist and a member of the general assembly or his or her staff. Relations between married persons or between persons who entered into a relationship prior to the registration of the lobbyist, the election of the member to the general assembly, or the employment of the staff person shall not be reportable under this subdivision. The reporting of sexual relations for purposes of this subdivision shall not require a dollar valuation.

The proposal has no listed co-sponsors as of yet.

…Adding… From a reader…

Rich:

Regarding your gift ban post, see this North Carolina ethics opinion from last year in which it was opined that a consensual sexual relationship where the lobbyist is not paid by the lobbyist’s principal for engaging in a sexual relationship does not constitute goodwill lobbying and therefore did not trigger lobbyist registration.

http://www.ethicscommission.nc.gov/library/pdfs/AOs/PDFs/AO-L-15-001.pdf

  56 Comments      


Rauner administration details bonus plan for non-union workers and bonus offers to unions

Thursday, Jan 7, 2016 - Posted by Rich Miller

[UPDATE: AFSCME has responded. Click here.]

* From a memo sent by the governor’s legal counsel, with all emphasis added…

To: Agency Directors
From: Jason Barclay
Re: UPDATE: Employee Pay Proposal Date: January 6, 2016

As we have discussed in the past, one of the Governor’s priorities is to modernize the employee compensation system. The Governor set several broad goals for how that modernization should occur: (1) despite our significant budget constraints, we will not reduce current employee salaries or wages; (2) for the first time in the State’s history, we will implement a meaningful bonus system that rewards and incentivizes exceptional performance that will be evaluated by fair and objective measures; (3) employees at all levels should be financially rewarded if they identify and help implement taxpayer savings ideas; (4) merit employees, who have not received an across-the-board wage increase since December 2, 2005, must not be treated as a second-class workforce and must be compensated in a way that encourages promotions and reflects management responsibilities; and (5) automatic “step” increases are appropriate but not until the state’s massive budget deficit and financial crisis are solved.

To that end, we have begun implementing this new program for merit employees and the 17 labor unions who signed collective bargaining agreements in 2015. We have put a comprehensive compensation package based on these principles on the table in our negotiations with AFSCME. We believe this is a fair and thoughtful way to better compensate all of our employees, especially those who have never previously been rewarded for going above and beyond the ordinary course of business.

* The memo goes on to discuss employee bonuses…

We have proposed a bonus program to reward and incentivize high-performing individual employees, or an entire work group’s or unit’s performance. Payment will be based on the satisfaction of performance standards to be developed by the State in consultation with AFSCME or other union representatives.

Under the State’s proposal to AFSCME, for instance, for Fiscal Years 2017, 2018, and 2019, the State would set aside an amount equal to two percent of the budgeted base payroll costs for AFSCME bargaining unit employees. Employee bonuses would then be distributed as follows:

1) Every employee would be eligible to share equally in the one-quarter of the Bonus Pool if they accomplish these two basic requirements:

    a) Have missed no more than seven (7) of their assigned work days (or no more than 56 of their assigned work hours) in the fiscal year during which a bonus is distributed; and

    b) Have committed no work policy violations during the same fiscal year.

2) The remaining three-quarters of the Bonus Pool would be distributed to no fewer than 25% of employees who satisfy performance standards developed by the Employer in consultation with the Union, as well as meeting the criterion set out in subsection (1)(a) above.

As noted above, we have proposed working with the Union to develop specific policies for the program. Once developed, the Union will be given the opportunity to review and comment on the policies prior to implementation. Consistent with our intent, we have proposed to reward employees or groups of employees based on specific objective achievements and to prevent payouts that are influenced by favoritism, politics, or other purely subjective criteria.

Several Teamsters bargaining units have agreed to a similar provision and the State and those unions have held numerous productive discussions on objective criteria, fair to all, which can be used to measure performance. The Teamsters accepted the State’s proposals last summer, and 50% of eligible IDOT Teamster employees will get bonuses next summer, ranging from $1,500-$4,000, with half of all bonuses near the high end of that range.

The five Teamsters bargaining units are not the only unions to agree to wage increases linked to merit and performance. The trades unions ratified their collective bargaining agreements in November of 2015. Employees represented by twelve different trades unions, such as carpenters, plumbers, stationary engineers, painters, electricians, maintenance workers, barbers, etc., will also receive merit incentives following the conclusion of additional discussions between the State’s employee relations team and the leaders of those unions. Those discussions will be scheduled for the first quarter of this calendar year.

* Merit pay…

Furthermore, we are also committed to using merit pay to improve the efficiency of state operations and better align the incentives for the Employer with the workforce. To that end, we have proposed a gainsharing program in which employees or agencies that achieve savings for the State will share in such savings. The savings will be calculated based on achieved savings for the State. Every state employee will be eligible for this program, regardless of their level or job description, and the program will be structured so that employees can receive significant portions of taxpayer gains.

* Signing and attendance bonuses…

As you are aware, we previously offered every AFSMCE represented employee a $1,000 non-pensionable signing bonus if a new collective bargaining agreement was ratified by January 1, 2016. The State offered this to AFSCME at the bargaining table on September 8, 2015 in the first negotiation session following the failed veto override vote on AFSCME’s Bill, Senate Bill 1229.

Our proposal clearly stated that: “In the event a successor agreement is ratified prior to January 1, 2016, all bargaining unit employees who are in active employment status on that date shall receive a one (1) time, non-pensionable bonus of $1,000.”

AFSCME’s leaders had more than 100 days to consider the proposals similar to those already adopted by the Teamsters and Trades unions before the signing bonus offer expired. Even though AFSCME missed the January 1, 2016 deadline, today our negotiators modified this proposal one more time because we are still committed to finding ways to increase employees’ wages in this fiscal year.

Accordingly, the State has offered the following to AFSCME:

    All bargaining unit employees who are in active employment status on June 30, 2016 and who have missed fewer than five (5) percent of their assigned work days between the effective date of this Agreement and June 30, 2016 shall receive a one (1) time, non-pensionable bonus of $1,000.

This proposal is designed to help our employees with additional payments, but it is linked to attendance. We have chosen attendance because it is a simple marker that is universally applicable to all employees, regardless of the specific nature of their duties. Moreover, many of our crushing overtime costs are made only worse due to excessive absenteeism. This is made worse when employees “make up” their absences by volunteering for overtime, paid at time-and-a-half.

We consider this attendance bonus a simple hurdle to cross, but one that begins to demonstrate that people can earn more when it is tied to performance, when the performance criteria are objective, and they are clearly understood by the workforce.

To be sure, these attendance policies will be implemented in a manner consistent with federal employment law so as not to detract from employees’ rights to take FMLA leave or military leave. But the message should be clear: people who show up to work and people who do good work for the state will be rewarded for their efforts.

Under our proposals, after July 1, 2016, the merit pay and gainsharing programs discussed above will go into effect for AFSCME represented employees.

* Incentives for non-bargaining unit employees…

Our desire to incentivize and reward employees is not confined to those employees that are represented by a union; we also want to recognize the many outstanding State workers who are not represented by a union. Unfortunately, many of these individuals have not received a raise in many years. In fact, the last across-the-board pay increase to non-union personnel was over a decade ago. To address this injustice and to reward these employees, we will be expanding the performance bonus system to non-union employees and looking to correct base compensation inequities for managers and those who have been promoted into merit positions. It is my hope that the performance bonuses for non-union employees will be the first step in ensuring that the needs of these employees are no longer overlooked.

Your thoughts?

  125 Comments      


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