Capitol Fax.com - Your Illinois News Radar

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* From a press release…

Attribute the following statement to Tim Schneider, Chairman of the Illinois Republican Party:

“I would like to congratulate State Senator Darin LaHood (R-Dunlap) on his primary election victory.

Voters of the 18th Congressional District have chosen a consistent, conservative leader for Central Illinois and Western Illinois. Darin LaHood will fight to pass term limits, rein in the national debt, repeal & replace Obamacare, and ensure transparency in government.

The Illinois Republican Party will work hard over the next two months to ensure that Darin LaHood is Illinois’ next Congressman.”

* From the Peoria Journal Star’s website…

…Adding… Press release…

National Republican Congressional Committee Chairman Greg Walden issued the following statement on Darin LaHood’s victory tonight in the Illinois 18th Congressional District’s special primary election.

“Congratulations to Darin LaHood on his well-earned victory this evening. Just as he did in the state of Illinois, Darin will stand up for Illinois families and fight to create jobs, balance the budget and strengthen our economy. I’m confident that Darin will continue to run a strong campaign in the general election so he can serve the families of Illinois’ 18th District in Congress.”

…Adding More… The PJStar has finally declared a winner…

State Sen. Darin LaHood easily won his party’s nomination in the 18th Congressional District special Republican primary election, according to early, partial results.

As of 8:55 p.m. Tuesday, the Peorian was leading in limited returns, with 22,672 votes, or 69 percent of the vote. Next in line was political writer Mike Flynn, a Quincy native, with 9,424 or 29 percent of the vote.

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Rauner claims he’s already filed appeal

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* From the same guy who vetoed their salaries in the first place…

From: Governor Bruce Rauner
Date: July 7, 2015 at 4:59:47 PM CDT
To: xxxxx.SendAll@illinois.gov
Subject: A Message from Governor Bruce Rauner
Reply-To: no Reply@All

Good afternoon:

I want to update you on our latest efforts to do all we can to ensure you are paid in full and in a timely fashion for the work you do on behalf of the people of Illinois.

This morning a Cook County judge issued a ruling barring the Comptroller from paying all state employees full wages. Instead, the judge ruled that only some employees can be paid the federal minimum wage. Due to the state’s antiquated payroll systems, the Comptroller said she is unable to differentiate state employees in order to pay some the minimum wage. As a result, under this court’s ruling, no state employees would be paid.

Our administration is doing everything in our power to make sure that doesn’t happen.

We’ve just filed an expedited appeal in the First District Appellate Court seeking to overturn today’s order.

Additionally, our Administration is currently drafting legislation that will make state employee pay a continuing appropriation for the fiscal year, guaranteeing you get paid. Legislators are already guaranteed their pay this month under continuing appropriations - you should be too. The legislation will be introduced by Leader Durkin and Leader Radogno as soon as it is ready.

Additionally, a separate legal effort filed in St. Clair County is ongoing, and we expect movement on that case later in the week.

I know these are very challenging times. On behalf of all the people of Illinois, thank you for your continued service. Our administration will continue to update you as this issue progresses.

Very truly yours,

Bruce Rauner
Governor

…Adding… CMS filed a “Notice of Interlocutory Appeal.” Click here to read it.

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*** UPDATED x3 - Durkin: Tax hike vote first - Phelon: Maybe - Brown: No *** Rauner wants continuing approp for state workers

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* From Lance Trover on the Senate-passed one-month budget…

The unbalanced one-month budget does not provide full-pay for all state employees, and the governor has been clear that an out-of-balance one month budget is the same as an out-of-balance 12-month budget.

Last year the General Assembly passed a law to guarantee their salaries are paid with or without a state budget.

As a matter of fairness, the governor would support a similar continuing appropriations for this fiscal year for all state employees.

All of a sudden he’s Mother Jones.

*** UPDATE 1 *** I asked Speaker Madigan’s spokesman Steve Brown for a comment.

“The real solution is have a budget… and not non-budget issues,” he said.

“The continuing appropriation was designed to protect different groups from political shenanigans, as we’ve seen with previous governors and we’ve sort of seen suggested with this governor,” Brown added, a clear reference to Pat Quinn vetoing legislator salaries and Gov. Rauner vetoing legislative pay raises.

“But aren’t state workers being subjected to ‘political shenanigans’?” I asked.

“That could come to a halt quickly if you just pass a budget,” Brown said. “The better way to do it is have a full budget approved for Fiscal Year 16.”

Brown also suggested that Gov. Rauner could’ve avoided this problem by not vetoing state worker salaries from the budget to begin with.

That’s a fair point.

*** UPDATE 2 *** From Senate President John Cullerton’s spokesperson Rikeesha Phelon…

The policy is worth reviewing. That said the administration is asking the public to dismiss the fact that they chose a shutdown. The words are nice but the actions tell a different story.

*** UPDATE 3 *** From Leader Durkin’s office…

Dear Speaker Madigan,

Tomorrow will be our sixth week since our scheduled adjournment without an enacted budget. During that time little progress has been made, and we are no closer to a solution than we were on May 31st. An enacted budget requires fairness to the taxpayers and our job creators.

Twelve years of reckless spending by the Democrat majority has produced nothing more than record deficits and one of the highest rates of unemployment in the country. Illinois currently has the 13th highest unemployment rate, while nationally ranking 29th in job creation and 42nd in wage growth.

I continue to believe, as do a great a majority of Illinoisans, that we cannot tax our way out of Illinois’ fiscal mess. Our budget solutions cannot be devoid of reform. To grow our economy and balance the budget, we must enact job-creating reforms that yield higher revenues while also reducing government spending.

This week, the Democrat majority will likely attempt to pass a short term budget that, according to the Illinois Office of Management and Budget, would put the state on a course to spend $4 Billion more than it can afford. Accordingly, I respectfully request that you hold an accompanying roll call vote on legislation that would raise taxes for Fiscal Year 2016 by $4 Billion to satisfy your caucus’ spending desires.

While our caucus will oppose both measures, if no such vote on a tax increase occurs or if such legislation fails to pass, we will all have a clear indication that rank-and-file members of your caucus agree with Governor Rauner that reform is necessary before revenue is even considered.

Sincerely,

Jim Durkin
House Republican Leader

92 Comments

*** UPDATED x8 - Munger to appeal - AG Madigan response - Rauner response - “No one getting paid” - AFSCME to appeal *** Cook County judge: Illinois can’t pay state workers without a budget

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* You gotta wonder if the Rauner folks will appeal. Stay tuned…

A Cook County judge has ruled Illinois may not continue to pay state workers in full during an ongoing budget impasse.

Judge Diane Joan Larsen ruled Tuesday that Illinois Comptroller Leslie Munger may pay only some workers who are covered under a federal law. Those workers would receive federal minimum wage plus overtime.

But attorneys for Munger say it would take the state as long as a year to determine which employees would be paid under federal law and how much.

They say that effectively means no workers will be paid until Gov. Bruce Rauner and Democrats who control the Legislature approve a budget.

*** UPDATE 1 *** From the TRO…

Defendant [Comptroller Munger] is enjoined, in the absence of enacted appropriations legislation, from processing vouchers for payment of state employee payroll except vouchers that comply only with the minimum federal minimum wage and overtime requirements of the federal Fair Labor Standards Act.

The agreed order, which lists everything that can be paid, is here.

*** UPDATE 2 *** Press release…

AFSCME Council 31 executive director Roberta Lynch issued this statement in response to the July 7 decision of Cook County Circuit Court judge Diane Larsen that, in the absence of a state spending plan for Fiscal Year 2016, Illinois state employees should be paid in accordance with the federal Fair Labor Standards Act (only minimum wage and applicable overtime) or not paid at all:

“Public service workers in state government are on the job despite the lack of a state budget for the fiscal year that started July 1. Throughout Illinois they are keeping their communities safe, protecting kids, caring for veterans and people with disabilities, and providing countless other vital public services – and they should be paid for their work on time and in full. We are disappointed by the Cook County judge’s decision to the contrary, and we intend to appeal it.

“In addition, AFSCME and other unions representing state employees have filed a separate case on an impairment of contract claim in St. Clair County, and we hope to appear before a judge in that proceeding this week.”

As we’ve seen time and again, the higher you go in the judicial branch, the closer to the actual Constitution you get. I wouldn’t bet on the success of any appeal.

*** UPDATE 3 *** Sun-Times…

“The court’s decision is constrained by the Illinois constitution,” [Judge Larsen] said.

But Larsen said the constitution allows for a “narrow” exception, giving the state comptroller’s office the authority to temporarily cut checks, paying minimum wage and overtime — under the federal Federal Fair Labor Standards Act. […]

“Their position, unfortunately, will result in no one getting paid,” said David Gustman, an attorney representing the comptroller’s office. […]

“We’re not here to represent the desired choice, we’re here to represent the required choice,” said Brett Legner, a lawyer representing the attorney general’s office, adding: “We’re not here without sympathy, we’re not here because we want to be.”

*** UPDATE 4 *** Lance Trover…

“The governor believes state workers should be paid in full. He has asked CMS to explore all of its legal options, including seeking an expedited appeal of this order or other emergency relief to ensure that employees are paid and critical state services are not disrupted.”

*** UPDATE 5 *** Attorney General Lisa Madigan…

This entire situation has been caused by the failure of the Governor and the Legislature to enact a budget.

The Attorney General has been fighting to make sure that the State can legally provide critical government services to the people most in need of them.

The court’s order authorizes only payments that can be made legally without a budget, for example, services for children in the foster care system, low-income families who cannot afford to pay for groceries, and mentally and physically disabled individuals who need residential support. By doing this, the order ensures individuals who are dependent on these critical government services are not hurt by the Governor’s and Legislature’s failure to enact a budget.

I absolutely want State employees to be paid their full wages. But the Illinois Constitution and case law are clear: The State cannot pay employees without a budget. The judge’s order reaffirms this. It remains up to the Governor and the Legislature to enact a state budget to allow for necessary government operations and programs to continue.

*** UPDATE 6 *** Press release…

Following is the response of SEIU Healthcare Illinois Vice President James Muhammad to a Cook County judge’s ruling today that the State of Illinois cannot pay workers in full without an approved budget:

“A principle outcome of today’s ruling in Cook County is that it further puts at risk critical services for vulnerable seniors and people with disabilities throughout Illinois. The ruling highlights the need for Gov. Rauner to stop his political posturing, negotiate in good faith and come to the table with solutions to a budget crisis he looks to have courted.

“Vulnerable Illinoisans already are being harmed by Gov. Rauner’s days of crisis that have done nothing to solve our long-term problems but have done everything to avoid meeting the immediate needs of the most vulnerable.”

*** UPDATE 7 *** I mentioned this very thing last week as something the judge might say. She did. From the Tribune…

Larsen also scolded the state for failing to put in place a system for making the payroll changes after the 2007 ordeal. Larsen said years of inaction on that issue was “unfortunate,” but not a compelling legal reason to circumvent the state constitution.

*** UPDATE 8 *** Press release…

Comptroller Leslie Geissler Munger released the following statement Tuesday in response to a court ruling that state employees may not be paid during the budget impasse:

“I am disappointed and respectfully disagree with today’s ruling. We went to Court to ensure that my office can comply with federal law and compensate employees for services they are already providing to the state. Ultimately, that can best be accomplished by paying all workers as scheduled. I am most concerned about the impact this decision will have on our ability to pay those providing services to our most vulnerable residents, and I will continue to seek a remedy with their interests at the forefront of my mind.

“My office will soon file an appeal to today’s decision and will provide further information as it becomes available.”

172 Comments

*** UPDATED x1 *** Federal judge: Pay DCFS workers

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* Sun-Times…

The state of Illinois has been ordered to keep funding its child-protection services during an ongoing impasse over passing a state budget.

U.S. District Judge Jorge Alonso issued the order in response to a filing by the American Civil Liberties Union, which wanted the court to enforce a long-standing consent decree about child-protection funding and thereby force Illinois Comptroller Leslie Munger to keep money flowing.

Representatives for both the Department of Children and Family Services and the comptroller’s office agreed agency employees should be paid.

Speaking later, ACLU attorney Heidi Dalenberg said disagreement had focused on whether the comptroller could pay agency workers under a 2009 order during a similar budget impasse. She says the new order ensured the payments were legally sound.

*** UPDATE *** The order is here.

28 Comments

*** UPDATED x1 - Kirk campaign calls ads “false” and “sickening” *** Kirk under fire from enviro groups

Tuesday, Jul 7, 2015 - Posted by Rich Miller

* Tribune…

An environmental group on Tuesday plans to start airing more than $1 million in TV ads attacking U.S. Sen. Mark Kirk for a recent vote to block an Obama administration effort to curb global warming.

The Natural Resources Defense Council’s ad campaign, which it said will run through July 17 on Chicago broadcast and cable stations, comes as the first-term Republican senator already faces a difficult re-election effort next year.

The 30-second spot contends that a vote Kirk cast last month on an Environmental Protection Agency bill allowed power plants to “keep polluting our air.”

“Polluters are breathing a lot easier, but nearly 300,000 Illinois children aren’t,” the narrator says in the spot, which depicts pollution streaming from smokestacks, a field of withered corn and an infant breathing through a nebulizer mask.

* Sun-Times…

Kirk, a member of the panel, had a provision in the Interior spending measure he was championing — a ban on sewage dumping into the Great Lakes by 2035. Kirk has worked on protecting Lake Michigan since he was a member of the House.

The sewage ban is one of his signature issues.

Nonetheless, Kirk was a key vote against an amendment by Sen. Tom Udall, D-N.M., which would have taken out of the EPA bill the provision letting states opt out of the Environmental Protection Agency’s Clean Power Plan. Udall would have prevailed if Kirk sided with him. […]

Kevin Artl, Kirk’s campaign manager said, “Sen. Kirk’s most recent clean water legislation creates a strict new ban on sewage dumping in the Great Lakes, including a $100,000 per day fine on polluters that would fund the construction of new treatment plants. The simple truth is that Sen. Kirk is responsible for the most aggressive measure ever taken to protect the Great Lakes.”

Kirk could not have been expected to vote against his own “landmark Great Lakes protection language,” Artl said.

* Pretty harsh stuff…

* The Sierra Club is also getting into the act…

The Sierra Club launched a week-long advertising campaign Monday to slam Sen. Mark Kirk (R-Ill.) for voting to scrap the Environmental Protection Agency’s (EPA) climate rule for power plants.

The environmental group started its “aggressive” campaign with a full-page ad in the Daily Herald, circulated in Chicago’s suburbs.

It accuses Kirk of voting three times “to put big polluter profits before the health of Illinois families,” and urges readers to tell Kirk to “stop attacking clean air” and “support the Clean Power Plan.”

The League of Conservation Voters started a $50,000 online ad campaign last month.

*** UPDATE *** Press release…

Kirk For Senate campaign manager Kevin Artl has released the following statement in response to the ads by the Natural Resources Defense Council attacking Senator Mark Kirk’s environmental policy record:

“Senator Kirk has shown bold, independent action in Congress to reduce carbon emissions, protect against air pollution and enact aggressive measures to protect our great lakes from polluters and oil spills. The recent partisan attack ads by DC special interest groups, the same groups that once praised Senator Kirk’s work on behalf of protecting the environment, are not only false but sickening, beyond the pale of reasonable discussion and should be taken down.”

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