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* UPDATED x1 * Federal judge: Pay DCFS workers

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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.

posted by Rich Miller
Tuesday, Jul 7, 15 @ 12:07 pm

Comments

Minimum wage for the rest of state workers

Comment by foster brooks Tuesday, Jul 7, 15 @ 12:10 pm
Foster

Check the SJR judge says nothing for the rest of employees.

Comment by Mason born Tuesday, Jul 7, 15 @ 12:14 pm
Mason born - Circuit Court Judge sided with the AG in ruling that state workers can’t get full pay during state budget impasse.

Comment by GOPGal Tuesday, Jul 7, 15 @ 12:17 pm
The governor has no budget leverage with the federales, apparently.

More to come, I’m sure.

Was that how they drew it up in the huddle? Have a string of judges cobble together a de facto state budget, while not taking half a loaf from the GA on parts of their agenda?

Comment by Wordslinger Tuesday, Jul 7, 15 @ 12:17 pm
Foster-

Different court, different judge, different complaint. Nonetheless, this decision could be used to encourage the Cook County Judge to follow suit.

Comment by downstate Tuesday, Jul 7, 15 @ 12:19 pm
So is that next then Sierra club and Prairie rivers sues to insist that iepa continues it’s duties? Etc.

Comment by Mason born Tuesday, Jul 7, 15 @ 12:19 pm
Nevermind, Cook County did its own thing.

Comment by downstate Tuesday, Jul 7, 15 @ 12:22 pm
I read the SJR piece but I did not see that there would be nothing for other employees.

As far as I can tell he ruled only the case brought before him as related to those workers.

But if there is any judicial logic in this world (sometimes I doubt it) then this certainly would open it up for all state employees.

Comment by Federalist Tuesday, Jul 7, 15 @ 12:24 pm
Mason sj-r says Cook County judge ruled no full pay

Comment by Me too Tuesday, Jul 7, 15 @ 12:27 pm
Other state Workers would be paid the minimum if we had an Essential Employee List -which we don’t seem to have? Munger says it would take a year to get that list together-Don’t know if I believe that. Big question would be why is there no Essential Employee List??? Everyone could see where this was heading since February.

Comment by chiagr Tuesday, Jul 7, 15 @ 12:29 pm
I stand corrected. No full pay the practical effect of which seems to be no pay until the comptroller can sort out who is and isn’t flsa.

Comment by Mason born Tuesday, Jul 7, 15 @ 12:30 pm
Why was the venue for the case in Cook County instead of Sangamon? It’s pretty clear that the Madman wanted to force the guv into a “temporary” budget fix without allowing services to continue for the majority of state services. Was this judge in Cook “friendly” to Madman and that’s why his daughter took the case there?

Gotta appeal this, preferably with a judge that Madigan didn’t get appointed or elected….Is there any judge like that?

Comment by Arizona Bob Tuesday, Jul 7, 15 @ 12:31 pm
The Comptrollers computer system is so antiquated they don’t have the capability of sorting out the employees.

Comment by Because I said so... Tuesday, Jul 7, 15 @ 12:37 pm
Arizona Bob — The forum was Federal Court in the existing Rederal Consent decree case filed by the ACLU years ago. Not Cook County state court.

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 12:49 pm
== this decision could be used to encourage the Cook County Judge to follow suit ==

The Federal Court’s ruling was based upon a consent decree involving DCFS that has been in effect for more than twenty years. The consent decree does not apply to all state workers or state programs, so overturning the Circuit Court’s ruling based upon today’s Federal Court decision is unlikely.

Comment by GOPGal Tuesday, Jul 7, 15 @ 12:49 pm
I meant Federal Consent Decree regarding DCFS

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 12:50 pm
Do they have to be paid full pay or can they be paid minimum wage like the rest. Didnt see full pay mentioned in what I read.

Comment by Union Dues Tuesday, Jul 7, 15 @ 12:50 pm
This DCFS Federal court decision is unique to DCFS because DCFS is working under a Federal Consent Decree issued years ago. It does not apply to other state workers

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 12:52 pm
Union Dues: Pay is full I believe

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 12:52 pm
Can We get all to agree to fix budget/taxes first and then get to the non-budget turnaround agenda items. If they pass great. If not, they don’t. Rauner would still be a hero if he gets the budget reduced and pension reform possibly through a constitutional amendment.

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 12:55 pm
AB, Judge Alonso was approved to the federal bench without a dissenting vote in the United States Senate, so it looks like they’re all in on it, too.

The guvs peeps say the Madigans are pulling strings in court to keep state employees from being paid, and you’re saying they’re doing just the opposite. Run the same play, dude.

Comment by Wordslinger Tuesday, Jul 7, 15 @ 12:55 pm
With this decision in mind, it’s even more difficult for House GOP legislators to vote against a temporary budget this week. A vote against a temp budget=a vote to NOT pay state employees their full wage.

Comment by out of touch Tuesday, Jul 7, 15 @ 1:03 pm
Many “DCFS” workers actually work for private foster care agencies under contract. I believe that a substantial percentage of foster care cases
managed under DCFS are carried by private agencies in Illinois. Does this mean the agency state must fund its portion of their fy16 salaries as well? And how will that work, if no budget yet.

Comment by Cassandra Tuesday, Jul 7, 15 @ 1:06 pm
@ Cassandra…appears the order is relative only to child protection services, which are not contracted out to private agencies.

Comment by over it Tuesday, Jul 7, 15 @ 1:41 pm
@Cassandra, I beleive it also applies to FY16 private agency contracts. They provide placement and services which are covered under the decree. Contact Ben Wolf at the ACLU if you want more information.

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 1:49 pm
This is what was sent to all DCFS private agency providers by Director Sheldon —

^^^^^^^^^^^^^
To All DCFS Service Providers:
The Department of Children and Family Services has received assurances from the Office of the Governor Bruce Rauner that services required as part of a consent decree will continue without interruption. In accordance with the provisions of the B.H. v. Sheldon Consent Decree and 2009 Supplemental Order to Enforce the Consent Decree, DCFS is required to continue to provide all services to youth in care, including foster parent and relative reimbursement payments, adoption subsidies, contracts for placement, comprehensive assessments to identify medical and mental health needs upon entering care, medical care, psychiatric services, counseling services, daycare services, System of Care services, services for pregnant and parenting teens, respite services for foster parents and performance of background checks as long as the consent decree remains in effect.

Comment by Bud Keyes Tuesday, Jul 7, 15 @ 1:51 pm
== pension reform possibly through a constitutional amendment. ==

Waste of time. He can’t negate the $110B debt or anything involving existing employees, both Tier 1 and Tier 2. And the blunt fact is, for most of the non-SERS “state” employees (like TRS, for example), it will cost more to move to a 401K type match with required Social Security than it does for wither Tier 1 or Tier 2. In the case of Tier 2, just the employee contributions fully fund it with some money left over to reduce some of the Tier 1 debt.

In other words, from a State perspective, the Tier 2 operation not only is free, it makes the State a “profit”. How are you going to come up with a “Tier 3″ that is a better deal for the State than “Tier 2″?

Comment by RNUG Tuesday, Jul 7, 15 @ 4:46 pm
Does this Federal Order mean DCFS will be paid and funded according to FY 2015 appropriations?

Comment by Lt Dan Tuesday, Jul 7, 15 @ 6:16 pm