Capitol Fax.com - Your Illinois News Radar

Friday, Sep 2, 2022 - Posted by Rich Miller

* Beth Hunsdorfer of Capitol News Illinois and Molly Parker of Lee Enterprises Midwest have some ProPublica Illinois stories up today about Choate Mental Health and Developmental Center. First, a bit of background on the center…

People from across Illinois come to live at the 270-bed facility on the outskirts of the small town of Anna, Illinois. It serves people with intellectual and developmental disabilities, mental illnesses or a combination of disorders. Patients can enter voluntarily or be placed there by a guardian, or a judge may order them to Choate for treatment after finding they’re at risk of harming themselves or others. Many end up living at Choate for years.

Nearly 15% of Choate residents with developmental disabilities have diagnoses in the severe or profound range; about 10% are nonverbal.

“In essence, many of these individuals can be ‘the perfect victim’ for a crime because it is easy to cast doubt on someone who has mental challenges or can’t give a statement due to their mental health status,” said Tyler Tripp, the state’s attorney in Union County.

Choate houses the state’s only forensic unit for people with intellectual and developmental disabilities who have been accused of a crime and found either unfit to stand trial or not guilty by reason of insanity. That’s the unit where Reichard, who had been arrested for attacks on his family, police and medical personnel, initially lived; he was moved to the less restrictive “step-down” unit in 2014. Though Choate includes a small psychiatric unit, a review of records shows that most of the alleged mistreatment has involved patients with developmental and intellectual disabilities.

* Much of the story contains graphic descriptions of beatings by employees. But here are some numbers…

Using court records and Illinois State Police case files, reporters found that at least 26 Choate employees were arrested on felony charges over roughly the same time period, including four who were connected to the Reichard case. Employees have since been accused of whipping, choking, punching and raping residents.

Among the more recent arrestees are four employees who were accused of choking and beating another Choate patient in 2020, leading to felony battery charges. Two have pleaded guilty to misdemeanor battery charges in exchange for probation sentences and two cases are still pending.

In 2020, an employee was charged with felony battery, for allegedly taking off his belt and using it to repeatedly whip a resident. Then, earlier this year, an employee was charged with criminal sexual assault of an intellectually disabled person who lived at the facility. And in another 2022 case, an employee was charged for allegedly grabbing a nonverbal patient with the mental capacity of a 15-month-old by the neck and punching him in the back of the head as a security officer watched, according to court records. These three cases are still pending.

Over the years, advocates have called for the facility to be closed. “It’s a purely political decision to keep Choate open,” said civil rights attorney Thomas Kennedy, who has provided legal services to Choate patients on and off for decades. “It’s not about helping people. It’s not about habilitating or rehabilitating people. It’s about keeping jobs in the community. Period. They have failed miserably at any other mission.”

* And then there’s this…

IDHS’ inspector general recommended the installation of cameras in the course of 21 investigations into abuse and neglect allegations at Choate between fiscal years 2015 and 2021, according to a review of internal records by the news organizations. Each time, Choate officials responded to the inspector general that it was “not an option due to budget concerns.”

This summer, advocates and insiders praised Hou’s announcement that IDHS would finally install cameras.

But in response to reporters’ questions, Kollias, the agency spokesperson, clarified that the cameras would go outside the facility.

One former investigator with the inspector general’s office, when told of the plan to put cameras outside, called it “a waste of money and time.” Almost all abuse and neglect allegations stem from incidents that occur inside.

Unbelievable. What the actual heck?

…Adding… I’m told this letter sent to stakeholders yesterday by IDHS Director Grace Hou indicates that the department is moving away from its decision to keep the cameras outside…

Adding approximately 10 surveillance cameras to public areas (in process).

UPDATE: A contract for camera purchase, plus related equipment and installation is being finalized. The vendor has assessed wiring needs for installation on campus. Work is underway to install cameras in public locations where there is a low, or no reasonable expectation for privacy. Guardians who wish to install cameras in their loved ones’ rooms may also do so– and have done so in several facilities.

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Workers’ Rights Amendment opinion roundup

Friday, Sep 2, 2022 - Posted by Isabel Miller

* Illinois AFL-CIO President Tim Drea…

This election season, we have a historic opportunity to enshrine our right to organize and bargain collectively with coworkers in our state constitution when we vote yes on the Workers’ Rights Amendment. Doing so would send a powerful message that Illinois is and always will be a workers’ rights state while protecting Illinoisans from the whims of any anti-worker politician that may come along in the future.

Protecting collective bargaining has benefits for everyone in our state. When we protect the right to organize, we’re putting more money into the pockets of working people. A recent study from the Illinois Economic Policy Institute at the University of Illinois Urbana-Champaign found that union construction workers, emergency responders like firefighters and registered nurses, and teachers earn anywhere from 5 to 35 percent more in Illinois compared to anti-worker states.

And those middle-class jobs are available to working people of all backgrounds across our state, no college degree necessary. Plus, collective bargaining raises wages for all workers, union or not. When pay goes up for union workers, non-union workers often see the benefits, as well as employers, compete with one another in a tight labor market.

For our first responders like firefighters, police officers, and nurses, the Workers’ Rights Amendment will protect their ability to collectively fight for better training and equipment on the job, keeping them safe while they keep our communities safe. These heroes know how to protect our communities, and when we strengthen their ability to collectively bargain, we protect their right to fight for the tools they need to get the job done.

* Illinois Policy Institute Executive Vice President Amy Korte…

Business owners will pay a high price if they vote for a proposed law at the top of the ballot on Election Day.

Amendment 1 is a potential change to the Illinois Constitution up for a vote Nov. 8. Proponents disingenuously refer to Amendment 1 as a “Workers’ Rights Amendment,” yet no Illinois worker would lose their rights if the amendment fails. Business owners would face hefty costs if it passes, though. […]

Uncertainty is a business person’s enemy, and here, too, the amendment presents a threat. The language is so broad that it attempts to regulate union bargaining powers in the private sector, but the federal government already regulates private-sector union workers. This could entangle private business owners in costly and time-consuming litigation, as the employers may need to go to court to determine which laws and protections apply to their businesses and unions.

More tax dollars for government unions and potential legal costs for private businesses translate into less money to hire workers or pay general operating expenditures. Amendment 1 wouldn’t just cut into Illinois businesses’ bottom lines: it could hinder operations as well.

* Indiana, Illinois & Iowa Foundation for Fair Contracting opinion by Marc Poulos…

Instead, ever since Congress first passed national legislation allowing workers to form unions and bargain collectively, we’ve seen a steady and successful effort to erode these same rights in the courts and in dozens of states. Over the past 60 years, this has led to a historic low in the share of American workers represented by labor unions, even as unions enjoy historic highs in public opinion polling. […]

This has not been a good trend for workers or our economy. Research has shown that states where politicians have weakened unions and collective bargaining suffer from slower economic growth and lower levels of workforce productivity. Indeed, recent research from the Illinois Economic Policy Institute and the Project for Middle Class Renewal at the University of Illinois at Urbana Champaign revealed that workers in these states earned lower wages; faced higher rates of poverty and income inequality; and were less likely to have health insurance, more likely to rely on government welfare programs and significantly more likely to be injured or killed on the job. […]

The Workers’ Rights Amendment to the Illinois Constitution offers a similar check on the structural power imbalance that has long existed at the workplaces where we spend so much of our lives.

Importantly, it will finally guarantee rights that have long proven to deliver higher job quality, better safety outcomes and a stronger overall economy.

* Adrienne Alexander and Father Clete Kiley writing for Chicago Catholic say support for the amendment is “not in doubt” in Catholic teachings …

The purpose of this article is to highlight relevant principles of Catholic social teaching that faithful citizens should take into consideration as they decide how to vote.

First, the right of workers to organize in unions is one of the oldest principles of modern Catholic social teaching. It was first articulated by Pope Leo XIII in 1891.

Observing the exploitation and abuse of the working classes during the early industrial revolution, the Holy Father observed in his encyclical “Rerum Novarum” that “workingmen’s unions” were helping redress cruel and inequitable conditions in the workplace and wished “that they should become more numerous and more efficient” (49).

This teaching has been repeatedly reaffirmed by the church ever since. “Among the basic rights of the human person is to be numbered the right of freely founding unions for working people,” according to the Second Vatican Council’s “Gaudium et Spes.” “Included is the right of freely taking part in the activity of these unions without risk of reprisal” (68).

* Wirepoints founder Mark Glennon…

Supporters of Amendment 1, the so-called Workers’ Rights Amendment, are all over the place with contradictory, outlandish claims about what the amendment would do if approved by voters in November.

The latest is their first TV ad featuring a private-sector health care worker at a children’s facility. He says, “These kids are fighters. We work with them so they can make it to their next birthday. We see these kids as family, but hospitals see them as dollar signs. They cut corners. Fewer nurses, longer shifts. It’s not safe for these kids. When we speak up, we risk being fired. But the Workers’ Rights Amendment will protect us as we stand up for our patients. I shouldn’t lose my job for putting them first. That is my job.”

But hold on. Applying the amendment to the private sector flatly contradicts what the lead sponsor of the resolution for the amendment told the Illinois Senate. In discussion on the Senate floor, state Sen. Ram Villivalam, D-Chicago, said, “as federal labor law stands today, the amendment could not apply to the private sector.”

Which is it?

* Lake County News-Sun Managing Editor Charles Selle…

A vote in favor of Amendment 1, also called the benign Workers’ Rights Amendment, establishes a state constitutional right for Illinois employees to bargain collectively to negotiate wages, hours and working conditions. While Illinois is not a right-to-work state, there is nothing in the state’s Constitution to ensure it never becomes one.

The proposal is opposed by business interests and conservative organizations who maintain, if adopted, it will give too much power to unions and result in higher taxes. Opponents also claim the amendment is quite vague and tip the negotiating scale in favor of organized labor.

Less than a handful of states have similar amendments protecting collective bargaining in their constitutions. More than 30 states have right-to-work laws, despite studies showing the relationship between union membership, and higher salaries and benefits.

Currently, about 11.2% of U.S. workers belong to unions. A few years ago, it was 13%. The figure is even worse in the private sector, where just one in 15 employees is a union member.

…Adding… Illinois Family Action’s John Lopez…

Billed as the “Workers Rights Amendment” by its proponents, particularly within the publication from the Illinois Economic Policy Institute and the Project for Middle Class Renewal, University of Illinois at Urbana-Champaign titled “The Workers’ Rights Amendment and Its Impact on Protecting Quality Jobs and Essential Industries in Illinois” published on August 11, this response will urge a “NO” vote on Amendment 1.

The reason for the “NO” vote is simple, and 3-fold.

It is the honest opinion of the author of this response Amendment 1 should not pass for the following reasons:

-Current Illinois law already guarantees the freedoms the proponents say are needed through passage of Amendment 1
-The proponents present their case focusing heavily on labor unions and not the workers across Illinois or the changing economy for workers choices and entrepreneurships which no longer need representation through a labor union
-With the current organized labor movement within Illinois, other states and within the current Administration and the United States Congress, the risks for all workers under the current Amendment outweigh the benefits proponents claim

Finally, all workers freedoms can be protected through a holistic approach to reforming current labor law at the national level and within the state of Illinois without the need for a constitutional amendment. As witnessed at the Port of Oakland in July where 1099 independent contractors and rank-and-file union members stood side-by-side, so can all stakeholders work respectfully together to build the long-term solution to ensure workers rights, while protecting the American workers’ freedoms within and outside of a labor union.