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* 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.”
posted by Rich Miller
Tuesday, Jul 7, 15 @ 12:20 pm
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I feel a long illness coming on!!!!
Comment by Sucka Tuesday, Jul 7, 15 @ 12:22 pm
Uh oh…
Comment by Bradley A. Zahn Tuesday, Jul 7, 15 @ 12:23 pm
So for those with legal training. What happens to the union suit in St. Clair county? Is it just tossed?
Comment by Mason born Tuesday, Jul 7, 15 @ 12:23 pm
==
So for those with legal training. What happens to the union suit in St. Clair county? Is it just tossed?==
Possible the opposite could be ruled
Comment by Anonymous Tuesday, Jul 7, 15 @ 12:25 pm
Hope the Superstars can get short term loans…
Guess havin’ a budget is kinda a big deal.
If you’re a state worker, this is Rauner using you as pawns until Rauner doesn’t. If you’re a union state worker, Rauner cares about you, until he can destroy your Union afterwards.
Comment by Oswego Willy Tuesday, Jul 7, 15 @ 12:28 pm
Section 16(b) of the Fair Labor Standards Act instructs the courts on the amount of damages that are possible when an employee sues an employer for unpaid minimum wage or overtime claims. The law states that the employer may be required to pay the employee the amount of previously unpaid minimum wage or overtime pay that was not yet paid and an amount equal to that as liquidated damages. If the court finds that the employer failed to pay the employee minimum wage or legally mandated overtime pay then the court must award those damages to the employee. Attorney’s fees and legal costs may also be awarded to the employee by the court.
Source: http://resources.lawinfo.com/labor-employment/possible-damages-for-wage-and-hour-law-violat.html
If they don’t pay minimum wage, the state is subject to paying damages under the act.
Comment by Kurt in Springfield Tuesday, Jul 7, 15 @ 12:28 pm
Treble damages equals about 3200 per month if anyone’s counting. Not sure if that’s on top of back pay though.
Comment by Me too Tuesday, Jul 7, 15 @ 12:29 pm
Now might be the time for me to use up those 3 weeks of vacation time I need to use before the end of the year. It’s pretty demoralizing to have to come to work under these circumstances…
Comment by Defeated Tuesday, Jul 7, 15 @ 12:32 pm
So I guess Bruce hasn’t always been successful at everything he has ever done?
Comment by Stones Tuesday, Jul 7, 15 @ 12:33 pm
It’s time for Rauner staffers to be the superstars they’re supposed to be, figure out a way to comply with federal law.
Comment by Norseman Tuesday, Jul 7, 15 @ 12:34 pm
Note to CMS: While you are figuring out who qualifies for federal minimum wage, pay everyone the federal minimum wage and no more. As your list is developed, stop paying those not eligible. This is a far more cost efficient way forward than paying everyone full wages. Who knows, by the time the budget is settled, it will be balanced, so long as no back pay is payed.
Comment by old-pol Tuesday, Jul 7, 15 @ 12:34 pm
Just declare all employees as covered then pay everyone minimum wage. Better than paying triple fine.
Comment by Union Dues Tuesday, Jul 7, 15 @ 12:34 pm
=== pay everyone the federal minimum wage and no more===
That would be illegal.
Comment by Rich Miller Tuesday, Jul 7, 15 @ 12:35 pm
If your a state worker reading this go home. Your just a volunteer now. They can’t fire a volunteer.
Comment by Anonymous Tuesday, Jul 7, 15 @ 12:36 pm
“(I)t would take a year to determine which employees would be paid … and how much.”
She could give this job to CMS. Then it would take 2 years.
Comment by Sir Reel Tuesday, Jul 7, 15 @ 12:38 pm
==That would be illegal.==
So is paying state employees without a budget, but the superstar lawyers told Rauner that was OK!
Comment by Snucka Tuesday, Jul 7, 15 @ 12:38 pm
Why a year to figure out who’s covered? Where does that estimate come from?
On the bright side, the governor’s agenda is all about reducing the income of anyone he can lay a glove on, so this has to be considered at least a partial victory against the “bureaucracy run amok.”
Comment by Wordslinger Tuesday, Jul 7, 15 @ 12:39 pm
==- Rich Miller - Tuesday, Jul 7, 15 @ 12:35 pm:
=== pay everyone the federal minimum wage and no more===
That would be illegal. ==
I don’t think so. The federal guidance requires the state to err on the side of inclusion. If they need to pay everyone for now while they do a job-by-job review, I think they can do it.
Although it’s not to hard to figure out who gets FLSA once you remove the agency heads, supervisors, policy staff, attorneys, doctors, and nurses.
Comment by Blah Tuesday, Jul 7, 15 @ 12:40 pm
That pesky constitution!
Comment by Precinct Captain Tuesday, Jul 7, 15 @ 12:41 pm
Will the July 14 pay checks still be issued? Those checks are for the last half of June.
Comment by Rufus Tuesday, Jul 7, 15 @ 12:42 pm
Blah
” … once you remove the agency heads, supervisors, … .” Based upon the arguments made for throwing people out of AFSCME, aren’t supervisors about 5% of the workforce?
Comment by Anyone Remember Tuesday, Jul 7, 15 @ 12:43 pm
the amount of programing required would be a nightmare
Comment by Anon Tuesday, Jul 7, 15 @ 12:43 pm
Rufus - if it’s for work done in June, then yes.
Comment by Defeated Tuesday, Jul 7, 15 @ 12:43 pm
What Credit Unions offer no interest loans? I looked in to one and it said only those who were members prior to May 1, 2015 are eligible?
I’m thankful that I’m single and don’t have any kids. This allows me to avoid having to live paycheck to paycheck, like quite a few of my coworkers. In fact, I could go months without a paycheck and be fine, since I’ve saved up quite a bit of money. However, I still find it ridiculous that the Legislators will still get paid while they play games with our pay checks.
Comment by ihpsdm Tuesday, Jul 7, 15 @ 12:44 pm
Blah
Don’t forget Engineers, geologists, etc.
Comment by Mason born Tuesday, Jul 7, 15 @ 12:45 pm
Hey, remember when Quinn decided not to pay the elected Regional Superintendent’s for over ra month? Since they had to issue occupancy permits to open schools, they kept working. So I’m guessing the people who do it for more then the check will be there. Those who do it only for the check. Well maybe it’s time for some of them to go.
Same time, it’s time to settle this thing and move on. Perhaps we should suggest all the leaders live on minimum wage until settled.
Comment by frustrated GOP Tuesday, Jul 7, 15 @ 12:46 pm
Would university workers get payed that are in trades? ?
Comment by Applecity Tuesday, Jul 7, 15 @ 12:46 pm
Does anyone have any info on the St.Clair county case?
Comment by Concerned Tuesday, Jul 7, 15 @ 12:46 pm
Crisis Creates Opportunity, Eureka - Rauner now has the opportunity to privatize the Comptroller’s Office and large parts of CMS. Bring in ADP. Rauner can claim they could do it much faster and at less cost, and he would probably be ight. “A year to figure it out.” Sheesh, talk about demonstrating your own incompetence.
Comment by old-pol Tuesday, Jul 7, 15 @ 12:48 pm
Better get my food stamp application ready!
Comment by Northern pike Tuesday, Jul 7, 15 @ 12:49 pm
==Those who do it only for the check. Well maybe it’s time for some of them to go.==
You work for free first, and tell us how it goes.
Comment by Arsenal Tuesday, Jul 7, 15 @ 12:49 pm
The feds don’t require you to pay people only to pay a fine if you do not. A fine against a state gets into Eleventh Amendment jurisprudence which changes every time a court rules on it.
Comment by Bigtwich Tuesday, Jul 7, 15 @ 12:50 pm
Any word on the aspect in the lawsuit about finding the court operations? Madigan requested declaratory relief on being able to fund the judicial branch of the government absent an appropriation based on a 2004 Supreme Court case.
Comment by Courts Ops Tuesday, Jul 7, 15 @ 12:51 pm
So, if state employees are to receive no more than minimum wage + OT, how many are willing to bet the Ms. Madigan and Rauner’s “superstars” will get paid at that rate?
Comment by Peregrine48 Tuesday, Jul 7, 15 @ 12:53 pm
So here’s a nice fastball right down the middle for either MJM or BR. A one month (or longer) bill to cover payroll at last years rate. Who’s first to bat?
Comment by Mason born Tuesday, Jul 7, 15 @ 12:53 pm
Does AG Madigan say this is a “win”? She ought to let the Gov’s legal team litigate the appeal.
Comment by Georg Sande Tuesday, Jul 7, 15 @ 12:54 pm
Will the July 10th paychecks go out (since it was for last two weeks of June)?
Comment by ah HA Tuesday, Jul 7, 15 @ 12:54 pm
OW - speaking of the Governor’s pawns… I wonder what those AFSME state workers with “standing” regarding fair share think about carrying the water for the Governor… They’re probably set up to do some “consulting” work for Freedom Works or Civic Progress.
Comment by Triple fat Tuesday, Jul 7, 15 @ 12:57 pm
==
Will the July 10th paychecks go out (since it was for last two weeks of June)==
Yes
Comment by Anonymous Tuesday, Jul 7, 15 @ 12:57 pm
==Does AG Madigan say this is a “win”? She ought to let the Gov’s legal team litigate the appeal.==
Well she’s the one who filed to get this ruling, specifically asking the Judge to rule this way….unlike what she agreed to in 2007….so she must be pretty happy with it.
Comment by Anonymous Tuesday, Jul 7, 15 @ 1:00 pm
===unlike what she agreed to in 2007===
And was told by the judge to never come back with a similar request. So, in 2009, she took the same side as she did with the current situation.
Comment by Rich Miller Tuesday, Jul 7, 15 @ 1:02 pm
Basically, this sucks. Really regretting leaving corporate to try and work for the greater good right about now.
Comment by New Girl Tuesday, Jul 7, 15 @ 1:03 pm
old-pol
” … privatize the Comptroller’s Office and large parts of CMS. Bring in ADP.”
Are you serious, or have your tongue firmly planted in your cheek? The government sector at all levels is littered with IT failures where private sector payroll / pension / personnel / accounting software was to replace antiquated government software and “fix” the problem.
Comment by Anyone Remember Tuesday, Jul 7, 15 @ 1:03 pm
Taking a vacation of calling in sick means no pay folks who are suggesting that. Certainly no FLSA protection to not work
Comment by Bibe Tuesday, Jul 7, 15 @ 1:05 pm
I’m certain state workers are in awe of Attorney General Madigan’s legal skills today.
Comment by phocion Tuesday, Jul 7, 15 @ 1:08 pm
in order to get paid mwages the programming of all the systems would make make it cost prohibitive
Comment by Anon Tuesday, Jul 7, 15 @ 1:09 pm
Rauner must be thrilled with this ruling, if the workers are not getting paid the unions are not getting their dues.
Comment by foster brooks Tuesday, Jul 7, 15 @ 1:11 pm
AR - IT’s not the “antiquated governement software” that’s the problem, it’s the antiquated work rules, OT rules, step increases, uniform allowances, per deim rules, personnel rules, etc. etc. etc. that are the problem. Take this opportunity with an expired contract to simplify the pay rules and needed software programs to support them. We have built a payroll system “too big to fail”, time to reform it. Definitely, no tongue in cheek.
Comment by old-pol Tuesday, Jul 7, 15 @ 1:13 pm
When is the first class action lawsuit against the governor get filed? The state employees were instructed to report to work. He created a reasonable expectation that they would get paid on time for the work preformed.
Comment by Huh? Tuesday, Jul 7, 15 @ 1:16 pm
I presume Comptroller Munger estimates one year for the calculations because they would be done by hand. I further presume that the state lacks state of the art computer assets for the task, and what is available either cannot do the job and/or state personnel are not qualified. And to farm the job out would require a funding authorization and payment which is unlikely at present. And assuming the computer assets and qualified personnel were available for a reasonably prompt computer run, isn’t a “sick out” likely?
Looks like this game of chicken will play out.
Comment by Cook County Commoner Tuesday, Jul 7, 15 @ 1:21 pm
The Rauner contract negotiating team will get all the leverage in their favor of this non-lockout, lockout.
Comment by Johnnie F. Tuesday, Jul 7, 15 @ 1:23 pm
My head hurts
Comment by Wow Tuesday, Jul 7, 15 @ 1:27 pm
I may be wrong, but I think this ruling is only on the TRO. The complaint for declaratory/injunctive relief is still pending.
Comment by Zerker Tuesday, Jul 7, 15 @ 1:27 pm
Perhaps the need for a temporary budget will get more support?
Comment by Wensicia Tuesday, Jul 7, 15 @ 1:27 pm
Meanwhile, Madigan made sure to get a law in place that ensures he and his fellow legislators get paid, with a raise, no matter what. It’s clear where his priorities have always been.
Comment by Anonymous Tuesday, Jul 7, 15 @ 1:27 pm
But legislators and judges get paid, that’s all that really matters.
Trickle down consequences: the money state employees make will not be spent locally.
Comment by Westward Tuesday, Jul 7, 15 @ 1:28 pm
The simple solution is for the Governor to introduce an appropriation bill for only employee wages for the next three months to allow some breathing room. That in itself will not unbalance the budget. If he wants employees paid, that is the quickest avenue now that the courts have ruled. He has AV if they add anything he doesn’t want to the bill.
Comment by A Jack Tuesday, Jul 7, 15 @ 1:29 pm
THANK YOU Huh?!!!!!! Exactly so!
Comment by Honeybear Tuesday, Jul 7, 15 @ 1:29 pm
===But legislators and judges get paid, that’s all that really matters. ===
Ah, that pesky Illinois Constitution.
lol
Comment by Rich Miller Tuesday, Jul 7, 15 @ 1:29 pm
- Snucka - Tuesday, Jul 7, 15 @ 12:38 pm:
==That would be illegal.==
So is paying state employees without a budget, but the superstar lawyers told Rauner that was OK!
Do you really think they told him that? And do you really think the governor wanted the workers to be paid? IMHO his saying so, was disingenuous to say the least.
Comment by Minnow Tuesday, Jul 7, 15 @ 1:30 pm
Ai ai! Ai ai!
Woe for our destructive impatience and desire for extreme change!
Which god robbed us of our sight, so we could not see
that Illinois was improving and had no need to elect a governor who spent too much time being radical
when the state needed a budget based on budgetary items like revenue and spending?
At which altar must we kneel in supplication?
Which god should we petition with myrtle branches?
Was it you, far-shooting Apollo, who robbed us of sight?
Or you, Pallas Athena, wise one, who robbed us of wisdom
and patience?
Or is it you, Furies of vengeance, who pursue us
like rabid dogs of Hades, to punish us
for past political wrongdoings?
Ah! Ah!
Do you hear the birds whirring
and tearing at each other in Springfield?
Their partisan talons and beaks ripping at each other?
Woe for the workers! Woe for a functioning state!
Kidding aside, I blame Rauner in large part, because he spent too much time in deep enmity toward his opponents and in pursuit of radical policies that were rejected in the legislature and at local government hearings.
Comment by Grandson of Man Tuesday, Jul 7, 15 @ 1:30 pm
For all intents and purposes the AG is plaintiff here. She and other Dems will own this mess.
Comment by Georg Sande Tuesday, Jul 7, 15 @ 1:31 pm
=== 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. […] ===
I missed that exception language in the constitution.
What we’re talking about is that federal law preempts state law.
Comment by Norseman Tuesday, Jul 7, 15 @ 1:31 pm
==I blame Rauner in large part==
You? Blame Rauner? I’m shocked, SHOCKED
Comment by Anonymous Tuesday, Jul 7, 15 @ 1:32 pm
Have to ask, would this apply to Tollway employees as well? While the Tollway’s budget is not controlled by the GA, their checks are cut in Springfield.
Comment by Bogey Golfer Tuesday, Jul 7, 15 @ 1:39 pm
@Just Me…..looking on the bright side is skirting the responsibilities of parenthood?
Congrats on the wosrt comment yet. You should be proud.
Comment by Get a Job! Tuesday, Jul 7, 15 @ 1:40 pm
===I presume Comptroller Munger estimates one year for the calculations because they would be done by hand.==== But I hear they still have some old abacuses stored away in the basement. That should speed it up a few months.
Comment by Been There Tuesday, Jul 7, 15 @ 1:41 pm
Rauner blaming “sham, phony” decision on “corrupt, conflict-of-interest, Madigan-controlled” judges in 3…2…1…
Comment by Nick Name Tuesday, Jul 7, 15 @ 1:41 pm
I should’ve added tags to my post. My point was it all makes for agitation all the way around because a full time governor and part time legislators cannot do their job ON TIME. The pesky constitution is like hot sauce on this situation.
Comment by Westward Tuesday, Jul 7, 15 @ 1:41 pm
=== If you’re a state worker, this is Rauner using you as pawns until Rauner doesn’t ===
OW, MJM has used us state employees as pawns, too. And worse, when he approved a pension holiday. No one is free of blame here. I’m sick of all of them. I can speak for myself, sir.
Comment by dupage dan Tuesday, Jul 7, 15 @ 1:42 pm
For someone that says that he was sent here to reform government and doesn’t care if he get reelected, BR really seems to care more about his image than anything. Actions speak louder than words.
Comment by Stones Tuesday, Jul 7, 15 @ 1:42 pm
Maybe the Comptroller should invite Nancy Kimme in for a discussion on how to expedite FLSA payments.
Comment by GA Watcher Tuesday, Jul 7, 15 @ 1:43 pm
===Would university workers get payed that are in trades? ? ====
You should. At least for awhile. Universities have their own budgets with other revenue streams that are not subject to appropriation. But the money the schools get from the state make up decent percentage of their total budgets so they will have to tighten their belts sooner or later.
Comment by Been There Tuesday, Jul 7, 15 @ 1:44 pm
Let’s see what happens now on SB 2040.
Comment by GA Watcher Tuesday, Jul 7, 15 @ 1:45 pm
Looks like the foreclosure courts will be busy when state employees can’t make those pesky monthly mortgage payments. Thanks Bruce and the GA.
Comment by Disgruntled Tuesday, Jul 7, 15 @ 1:48 pm
Everyone is blaming the Governor, but Madigan and the legislators own this mess just as much every last one of them!
Comment by No name Tuesday, Jul 7, 15 @ 1:49 pm
Hold on, everyone. It’s going to be a bumpy ride. There are many more shoes to drop before this is over. Imelda Marcos comes to mind right about now…
Comment by DuPage Don Tuesday, Jul 7, 15 @ 1:55 pm
No name: True. But the Governor very well could’ve used his AV power to keep the payroll in the budget and then continued to fight for what else he want.
My previous comment apparently was deleted. In it I used harsh language. I regret the error.
Comment by Furious Tuesday, Jul 7, 15 @ 1:56 pm
So according to the judge ruling since PPRT is funded, does that mean state employees that are paid from that source will continue to be paid?
Comment by Question Tuesday, Jul 7, 15 @ 1:57 pm
Springfield will take a hit, state workers wont be out spending the money. All this is doing is hurting the economy of Illinois. Our Governor and the legislative leaders need to do the job they were elected to do and are required to do, and agree on and pass a budget. If they cant do so, then we should figure out a way to fire every last one of them and get the people in there that can. It’s ludicrous that these elected officials can hold our entire State hostage while they play their games.
Comment by Tired Of It Tuesday, Jul 7, 15 @ 1:59 pm
All the Rauner people forgot to criticize the Democrats for not accepting his Turnaround Agenda in their replies.
Comment by Wensicia Tuesday, Jul 7, 15 @ 1:59 pm
To those that are asking about the July 10 checks: I looked at the Illinois Transparency website and my husbands July 10 paycheck is in there, along with the overtime. I was expecting a base salary check, and was surprised that OT was in there.
Comment by Former State Employee II Tuesday, Jul 7, 15 @ 2:02 pm
Don’t forget SB 2040 only funds so called essential services leaving a lot of state employees working for min wage or less. Employees who are still required to be at work.
Comment by Mason born Tuesday, Jul 7, 15 @ 2:03 pm
- Bibe - Tuesday, Jul 7, 15 @ 1:05 pm:
Taking a vacation of calling in sick means no pay folks who are suggesting that. Certainly no FLSA protection to not work”
You are wrong. We do get vacation days, bub.
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:03 pm
The governor has been very clear that he will not engage in passing the remainder of the budget until he gets satisfaction on his other unrelated items.
Here is some collateral damage to that wholly political decision.
Would the strict Constitutional constructionists out there have the executive branch pick and choose what it could spend money on absent a budget?
Would you have liked Blago or Quinn to have that power?
Comment by Wordslinger Tuesday, Jul 7, 15 @ 2:03 pm
As state workers are no longer being paid are they legally employed? Are they eligible for unemployment benefits ?
Comment by Golfman-r Tuesday, Jul 7, 15 @ 2:05 pm
Of course BR coukd av the thing to het the whole payroll of course something else would have to be choppef out.
Comment by Mason born Tuesday, Jul 7, 15 @ 2:05 pm
Just fed up with the entire group they should all be ashamed of themselves. Like to say more but the real problem is none of them really care so why waist the time the elected officials do enough of that.
Comment by Springfield Watcher Tuesday, Jul 7, 15 @ 2:06 pm
As for the July 10 paychecks, from what I’ve read even though it is for work performed in June, the checks would be cut in fiscal year 16-no appropriation for 16-no check. At best they would be for the minimum wage per FLSA.
Second, the problems with the computers is a fact. I work for the state and dealt with a number of data issues. There are numerous state agencies yet there is no one common hardware or software system and many of these systems are outdated. Some agencies actually get hand-me-downs when another agency is fortunate enough to get new equipment.
Comment by MJB Tuesday, Jul 7, 15 @ 2:06 pm
Individuals should very careful with any formal claim that a classification sufficient to determine who gets paid under FLSA, would take one year. That is frankly absurd. Most of it is easily known today. I wouldn’t say it under oath without substantial supporting evidence.
Comment by walker Tuesday, Jul 7, 15 @ 2:06 pm
This is just one judge. Look for the judge in St. Clair County to issue a conflicting opinion. Likely other judges downstate could rule as well if additional suits are filed.
It will need to be sorted out on appeal — likely the restraining order will be lifted in the meantime. Why? Because ultimately the workers are entitled to full pay and an appellate judge will determine that allowing regular pay to go forward is less harmful that not paying workers.
No matter how you spin it, it can’t see how this is anything but a political loss for Lisa Madigan. She could just as easily filed seeking permission to pay workers — but she chose to file in a way that sought to block the pay. The campaign literature practically writes itself.
Comment by Old Elephant Tuesday, Jul 7, 15 @ 2:07 pm
==You are wrong. We do get vacation days, bub.==
I don’t think the gravity of this situation has sunken in yet, unfortunately.
Comment by Centennial Tuesday, Jul 7, 15 @ 2:07 pm
The legislatire and gov could agree to pass a personnel line item budget for eah agency for 60-90 days or whatever. That would allow for payroll. Instead of trying to wiggle around the constitution the gov, who wants term limits and strong ethics, ironically, should propose such legislation from his floor leaders if he truly wants to pay employees. Untitled l the gov makes that proposal he is just giving out platitudes not solutions.
Comment by Ghost Tuesday, Jul 7, 15 @ 2:07 pm
Every now and then I think about what it would be like to go back to college… it looks like I’ll be eating Ramen, again, not by choice soon enough.
Comment by The Muse Tuesday, Jul 7, 15 @ 2:08 pm
“- old-pol - Tuesday, Jul 7, 15 @ 1:13 pm:”
This may be one of the mostoronic statements that I have ever heard in my 58 years. There are plenty of systems with different pay scales. It has nothing to do with Step increases, ect. You are a drive by Raunerbot.
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:09 pm
==She could just as easily filed seeking permission to pay workers — but she chose to file in a way that sought to block the pay. The campaign literature practically writes itself.==
This. Like any attorney, her intent and desired outcome could be seen in how she phrased the question
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:10 pm
- Rich Miller - Tuesday, Jul 7, 15 @ 1:29 pm:
===But legislators and judges get paid, that’s all that really matters. ===
Ah, that pesky Illinois Constitution.
lol
Not sure what version of the Illinois Constitution you’re reading but it certainly doesn’t require payment of all legislators, judges and the staffs of each branch. The only reason those parties are being paid is that they are covered by CAs. (See Exbibit A of Agreed Order)
Comment by Anon Tuesday, Jul 7, 15 @ 2:12 pm
=For all intents and purposes the AG is plaintiff here. She and other Dems will own this mess.=
No, “the people” are the plaintiffs here and the constitution is what’s being defended.
The house will likely vote for a 1 month temporary budget this week and then Rauner will be on the hot seat. Is he willing to shut down state government and send employees home over his turnaround agenda or not?
Comment by pundent Tuesday, Jul 7, 15 @ 2:13 pm
Any payment for FY2015 should be made whether the pay date is July 10 or July 15. The money for a full FY 2015 pay should have been allocated and can be paid out of FY2015 funds until lapse period has ended.
Comment by Anon Tuesday, Jul 7, 15 @ 2:17 pm
I was wrong. Treble damages are for overtime, however regular wages must be paid back plus liquidated damages equal to those wages. I’d wait for my check if I got double time.
Comment by Me too Tuesday, Jul 7, 15 @ 2:20 pm
I think I know why she was legally required to do so, but boy does it look bad that Judge Larson’s order made sure that the judges continued to get paid.
Comment by tominchicago Tuesday, Jul 7, 15 @ 2:21 pm
“- Former State Employee II - Tuesday, Jul 7, 15 @ 2:02 pm:
To those that are asking about the July 10 checks: I looked at the Illinois Transparency website and my husbands July 10 paycheck is in there, along with the overtime. I was expecting a base salary check, and was surprised that OT was in there.”
Where is this web site you speak of?
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:21 pm
And anon, the Constitution says lege pay can’t be changed during their term. Not paying them violates that clause by reducing their pay to zero
Comment by Me too Tuesday, Jul 7, 15 @ 2:22 pm
=Not sure what version of the Illinois Constitution you’re reading but it certainly doesn’t require payment of all legislators, judges and the staffs of each branch.=
Actually it does. It prohibits any reduction in pay during the term of office for an elected official. That’s the basis for past court rulings. As for staff, they are not protected.
Comment by Old Elephant Tuesday, Jul 7, 15 @ 2:22 pm
To Former State Employee II–My 7/10 also shows on that website, but at this point that is totally meaningless until you see hit your bank account. But I hope you’re right.
Comment by MJB Tuesday, Jul 7, 15 @ 2:25 pm
==
Where is this web site you speak of?==
I’m guessing theComptroller employee salary database website that lists every employee salary and pay date
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:26 pm
=====Would university workers get payed that are in trades? ? ====
You should. At least for awhile. Universities have their own budgets with other revenue streams that are not subject to appropriation. But the money the schools get from the state make up decent percentage of their total budgets so they will have to tighten their belts sooner or later.=
The universities are already tightening their belts. EIU announced lay offs this past week. It’s very hard to plan when you don’t know what your appropriation will be which impacts your overall budget. Many employees with union contracts had previously negotiated salary increases that need to be paid as of July 1. The clerical employees will take the hit first.
In the long run, this will unfortunately fall on the backs of college students and their families. But then again, the governor thinks all you need is an associate degree from a community college; except of course if you are really wealthy.
Comment by Because I said so... Tuesday, Jul 7, 15 @ 2:26 pm
It infuriates me that the state is playing games with the workers. It also infuriates me that non-state employees seem to think it’s funny because we are all lazy state workers. Don’t forget that we also pay taxes, and a lot of them, and that we are out there buying products that you sell. Several agencies don’t close, IDOC and ISP, and they are protecting you, the citizens, of this state. Yes the constitution is clear but then again it was very clear on the pension laws as well. State workers are hard workers and do a difficult job and deserve to be paid their normal salary and on time. They can appropriate the money for salaries to be paid and work in the rest of the budget. The budget contains union, private and public sector, busting language. Those that think because they are in private sector should get raises and not state workers is another matter but each time the private sector union, or no union, workers get raises the prices go up on the companies product and we all have to pay for that as well. Let the workers be paid and let the government work on the rest of the budget after appropriating the money for payroll. Take out the union busting language and they would probably have a budget by the time the next payroll comes out.
Comment by DOC State Worker Tuesday, Jul 7, 15 @ 2:27 pm
The rule of law and separation of powers is critical. The legislature and the executive branch have a way to take care of all of this — pass a budget.
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:27 pm
It really does not matter who is to blame? No July pay means many state workers will have to make some very hard choices. Some more immediate than others. For example: Do we sell the house? Can it be sold before the bank forecloses? Will the vehicle(s) be repossessed? If so, how will I manage to get to work?
If state workers become homeless, without food and there still is no state budget to even give them help what are they to do?
Comment by @crossroads Tuesday, Jul 7, 15 @ 2:31 pm
Little less lookin’ for “legal means”, more budgetin’ Governor..,
Comment by Oswego Willy Tuesday, Jul 7, 15 @ 2:33 pm
Walker, thanks for the comment on it taking a year to determine FSLA. It struck me as absurd, as well.
Comment by Wordslinger Tuesday, Jul 7, 15 @ 2:33 pm
As bad as this is, I much prefer Lisa Madigan taking this to Court, than proceeding one more step toward IL Neo-Budget 2016, where Bruce Rauner just kind of declares what ought and ought not get funded, in the absence of any legislative appropriations.
Comment by ZC Tuesday, Jul 7, 15 @ 2:34 pm
Reading the Agreed-Upon Order, it looks like all court employees will be paid even non-Judges.
Comment by Courts Ops Tuesday, Jul 7, 15 @ 2:35 pm
I do believe that Rauner will go into the fall without a budget. He has no desire — zero — to pass a budget. Once he passes a budget, he gives in.
He plans to govern by EO and court order through the summer, into the fall and possibly the winter.
Comment by Frenchie Mendoza Tuesday, Jul 7, 15 @ 2:37 pm
BTW — the fact that Rauner sent a letter to employees telling them that they’ll get paid — essentially making a promise of on-time payment — makes it very difficult for Rauner now that employees won’t get paid.
Rauner promised it. And now what? The courts say no? Rauner looks like a weakling, without any substantive power or authority whatsoever. And a guy who makes promises he can’t keep.
Comment by Frenchie Mendoza Tuesday, Jul 7, 15 @ 2:40 pm
Any work done in June with a July pay day will be paid. Any work done in July, at least as OD right now, will not be paid. Also Rich already pointed out why AG Madigan filed as she did. You learn a lot by reading all the comments
Comment by Former Merit Comp Slave Tuesday, Jul 7, 15 @ 2:41 pm
If this was baseball, AFSCME Council 31 would be sent to AA (not good enough for AAA). It seems to this member it takes a shellacking a lot. No back pay and now no pay.
Comment by newbie Tuesday, Jul 7, 15 @ 2:42 pm
The Comptroller has already confirmed that the paychecks for work done in June will be issued. This was verified by Roberta Lynch. The lawsuits pertain to paychecks not being issued for work done in July. The paydates are different for various agencies, but the paychecks in question would not be issued until after 7/15.
Comment by ihpsdm Tuesday, Jul 7, 15 @ 2:49 pm
Rauner gets his lockout and can blame the courts!
Comment by wrangler Tuesday, Jul 7, 15 @ 2:50 pm
===The house will likely vote for a 1 month temporary budget this week and then Rauner will be on the hot seat.===
I wonder if a one month budget is passed by the GA, will Rauner sign such a bill? If he vetoes such a bill will Rauner or the GA then ‘be on the hot seat’?
Comment by Hit or Miss Tuesday, Jul 7, 15 @ 2:50 pm
“- Anonymous - Tuesday, Jul 7, 15 @ 2:26 pm:
==
Where is this web site you speak of?==
I’m guessing theComptroller employee salary database website that lists every employee salary and pay date
”
Can’t find it
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:53 pm
Frenchie, he promised he would do everything “in his power” to ensure state employees won’t miss a payroll, but then he went on to say that if something blocks that from happening, he would explore other options, including asking financial institutions to offer no-interest loans to state employees who miss paychecks. So, sounded to me like he stopped short of promising people would be paid on time; rather, he just stated his intention to fight for it.
Comment by ??? Tuesday, Jul 7, 15 @ 2:53 pm
“My 7/10 also shows on that website, but at this point that is totally meaningless until you see hit your bank account. But I hope you’re right.”
Very true. As July 1st approached the sentiment all along was that after July 15th all bets were off until the budget was settled. At least that is how I interpreted it. I’m sure some of the many people with more knowledge than I can shed some light on this subject.
Tough times ahead for many. Hang in there guys.
Comment by CrazyHorse Tuesday, Jul 7, 15 @ 2:54 pm
“Tuesday, Jul 7, 15 @ 2:07 pm:
==You are wrong. We do get vacation days, bub.==
I don’t think the gravity of this situation has sunken in yet, unfortunately.”
People get paid for vacations. Maybe not right away but people are not forced to give up their vacation days.
Comment by Anonymous Tuesday, Jul 7, 15 @ 2:54 pm
Anonymous - Tuesday, Jul 7, 15 @ 2:53 pm:
I linked the website at 2:37 pm
Comment by Former State Employee II Tuesday, Jul 7, 15 @ 2:55 pm
As tremendously painful as this is, the court made the right decision. This is what holding the budget hostage looks like. Paying state employees in the absence of a budget is as unconstitutional as diminishing their pensions. Now it’s time for Rauner, Madigan and Cullerton to come together to end the madness.
Comment by AC Tuesday, Jul 7, 15 @ 2:55 pm
However much the taxpayers are kicking in for the Governor’s legal team it’s too much.
Comment by The Captain Tuesday, Jul 7, 15 @ 2:56 pm
@ihspdm 2:49.
Thanks. I thought that was the case but so much confusion it’s hard for anyone to be certain of anything anymore.
Comment by CrazyHorse Tuesday, Jul 7, 15 @ 2:57 pm
===http://accountability.illinois.gov/====
Anon at 2:53. Next time try the google or bingy search thing. It takes about two seconds.
Comment by Been There Tuesday, Jul 7, 15 @ 2:58 pm
I recommend the legislature and the Governor agree on a budget.
Comment by Huh? Tuesday, Jul 7, 15 @ 3:09 pm
I thought we would get paid (eventually) for work done in July, it’s just a matter of *when* and not *if*. Am I mistaken in that?
Comment by Skeptic Tuesday, Jul 7, 15 @ 3:10 pm
Golfman: “As state workers are no longer being paid are they legally employed? Are they eligible for unemployment benefits?”
—–
Paychecks are delayed pending the budget. Employees have not been unequivocally terminated. There’s a big difference. [Yes, I know that difference might not be comforting if you miss a mortgage payment in the meantime]
Comment by Purple Bear Tuesday, Jul 7, 15 @ 3:15 pm
I work in the private sector. I am ashamed of my co-workers today. More then a few of them are laughing it up and enjoying the hurt on State workers.
My wife is a State Worker AND they know this. Have the decency to laugh behind my back PLEASE. I thought they were my “work friends” but I guess they hate State Workers more then they like me.
I now understand even more some of what my wife is going through.
Comment by Privatize This Tuesday, Jul 7, 15 @ 3:16 pm
The fact remains that when the state tries to comply with FLSA by paying just the minimum wage, some covered employees will be missed. Then, the TRO directed the payment of a known flawed system. This is why the 2007 agreed order should still be valid. Also, if and when we have an enacted budget, I wonder who will present and who will defend when a suit is filed charging the budget is unconstitutional? Will the AG take the lead on behalf of “The People of the State of Illinois” especially if the legislature overrides the Gov’s vetoes. Or, will she say she has to defend the Comptroller as the defendant?
Comment by Just Saying .... Tuesday, Jul 7, 15 @ 3:19 pm
While the focus on employees not being paid, the order is much more expansive, most expenditures won’t be paid. That being the case, what sense does it make to pay employees, many of which won’t have work to do. The ruling is a necessary evil and one can only hope it provides the Speaker and the Governor an “out” to permit compromise on both sides.
Comment by Jon Tuesday, Jul 7, 15 @ 3:32 pm
Yeah, that pesky Constitution — passed by the common folk — has to be exasperating to the members of the moneyed class in positions of power. No pay for state workers — commoners. No money for programming for the poor, the infirm, the needy or the mentally challenged. The floggings in Springfield will continue until the morale improves.
Comment by Diogenes in DuPage Tuesday, Jul 7, 15 @ 3:36 pm
===little less lookin’ for “legal means “, more budgetin’Governor===
Willy, you have become predictable again. Such a shame with all your talent. The “legal means” was forced on him by the Dem leadership. Cards are so heavily stacked against Rauner he should at least be given points for stick-to-it-to-tive-ness and innovation as he tries to smash the death grip MJM has had on this once proud state……SHEESH!
Comment by DuPage Don Tuesday, Jul 7, 15 @ 3:43 pm
===stick-to-it-to-tive-ness===
Less coffee, please.
Comment by Rich Miller Tuesday, Jul 7, 15 @ 3:46 pm
***Privatize This - Tuesday, Jul 7, 15 @ 3:16 pm: ***
Classy co-workers. Who finds humor in someone else’s misfortune? Keep your chin up.
Comment by Slick Willy Tuesday, Jul 7, 15 @ 3:46 pm
If you work for a private company in Central Illinois and think this is something good, wait a bit when nobody’s buying nothing they don’t need…
Comment by Mouthy Tuesday, Jul 7, 15 @ 3:46 pm
Sorry, didn’t have a thesaurus handy!
Comment by DuPage Don Tuesday, Jul 7, 15 @ 3:47 pm
@ 1:08 p.m.: “I’m certain state workers are in awe of Attorney General Madigan’s legal skills today.”
It was an open-and-shut case, and an entirely correct decision. The only thing to be in awe of is how self-deluded Rauner is that he thinks he can wrangle paychecks for the state without a budget. Or maybe he’s just a big fat liar and thinks the public is stupid enough to believe his nonsense.
I mean, asking “CMS to explore its legal options”? What does that even mean? The only valid legal option is to pass a budget. Last week Rauner said his lawyers were “working on it” and that was it. Less than an hour later Lisa Madigan issued a statement that cited constitutional law, statutory law, and case law in the reasons why state employees can’t get paid without a budget. How long does Rauner want to continue this pointless and harmful dance?
Oh, and is this the same legal team that told him last winter it was okay to unilaterally divert money withheld from paychecks for a statutory purpose (fair share fees) without amending the law? Sheesh.
Comment by Nick Name Tuesday, Jul 7, 15 @ 3:49 pm
So another Madigan sued to prevent state workers from being paid! Not a good year for the Madigan family.
State should just pay everyone the federal minimum wage. It would be perfectly legal and avoid any treble damage claims. The remainder of their wages due would be paid to them once a budget is in place. No legal reason preventing this.
Comment by Let'sMovetoTexas Tuesday, Jul 7, 15 @ 3:52 pm
Let’sMovetoTexas: No, it’s not legal under state law to pay any employee without a budget, *unless* FLSA requires it for that worker. There are many FLSA-exempted workers in professional roles.
Comment by Purple Bear Tuesday, Jul 7, 15 @ 3:54 pm
The 70,000 some State workers, plus their famlies and their close friends will long associate the name Madigan with no paycheck. Just wait for the next election.
Comment by Fed up with one party rule Tuesday, Jul 7, 15 @ 4:04 pm
>> The 70,000 some State workers, plus their famlies and their close friends will long associate the name Madigan with no paycheck. Just wait for the next election.
Yeah, that’ll work.
Continue to stand up for IL working families (and state workers in particular) by defeating Democrats and electing more Rauner Republicans.
Great strategy.
Comment by ZC Tuesday, Jul 7, 15 @ 4:17 pm
I predict that if the 2nd check in July doesn’t contain the correct wages for July 1st through the 15th then THAT will be when the 1st class action lawsuit is filed by state workers……
Comment by Sour Kraut Tuesday, Jul 7, 15 @ 4:20 pm
DuPage Don vs. Dupage Dan–What a difference a vowel makes!
Comment by Tommydanger Tuesday, Jul 7, 15 @ 4:20 pm
ZC,the average voter votes based on gut reaction more often than not, and they often vote against their own best interests. How often have you said to yourself, “What is polX thinking? Nobody will believe that!” And you’ve undoubtedly been surprised when the general public falls for it hook,line,and sinker.
Comment by CharlieKratos Tuesday, Jul 7, 15 @ 4:23 pm
==Fed up==,
Why would they think that? It’s clear what’s going on here. Rauner thought everyone would roll over in fear of a shutdown, and when faced with the actual repercussions of his inaction, he couldn’t handle even the thought of any blowback. So now he’s doubled back on himself, suddenly very concerned about all those workers that are overpay and beholden to the union bosses. There is an argument to be made that Madigan the Elder is partly responsible here, but unlike Rauner, he doesn’t 70K in his district.
If anything, I’m more impressed with Madigan the Younger. Unlike most other players in this farce, she listened to what the courts said the first time, and despite that, has since been repeatedly forced to present this issue to the courts because of people who refuse to believe the courts mean what they say.
Comment by Stuck on the 3rd Floor Tuesday, Jul 7, 15 @ 4:27 pm
“Fed up” and “Let’s move”…
We’re smarter than that. We know who drove this bus. No one will ever accuse me of being an MJM fan, but war and politics make strange bedfellows, and right now I’m his #1 fan - driven there by our Governor.
Ask this question - has AFSCME #31 grown or shrunk since the Governor took office. That will tell you all you need to know about who the employees of the state are going to blame.
We like to throw that word “own” around a lot here. Most of us accept that Governors own budgets. It’s a given that the Governor would own a lockout.
But what about a shutdown? Can he own a budget that never existed? He gave one, they gave one, neither was acceptable to the other.
I think, as it stands, there is lots of “ownership” to go around if employees stop being paid.
Which is why there will be a budgetary solution on the Governor’s desk within days. There will be a bill that will specifically address employee pay, and the Democrats are going to dare anyone to side against it.
If the Governor signs it, he’ll look weak. If the Governor vetoes it, he’ll have full ownership again.
Either way, the Governor is going to lose … yet again.
Comment by ChelseaBlue Tuesday, Jul 7, 15 @ 4:29 pm
After Blagojevich, I didn’t think that things could get any worse.
And as a state employee, you didn’t want to stick your head up from the trenches too far…cause it would have been shot off.
This is like a cluster bomb or a nuke. If this persists…how many are going to hold on and not move on? I watched a great brain drain in this state once Blago took the reins….and its taken a long time to bounce back personnel-wise.
Here we go again. Maybe this was the goal after all….who knows at this point.
Comment by SmokeyBear Tuesday, Jul 7, 15 @ 4:29 pm
==the average voter votes based on gut reaction more often than not==
That augers toward blaming the Governor, not the Attorney General.
Comment by Arsenal Tuesday, Jul 7, 15 @ 4:33 pm
Chelsea, Madigan still needs 71. It won’t go straight party line so Durkin has to put some votes on it. He won’t unless dems go on record supporting a tax increase, which they won’t.
Comment by Me too Tuesday, Jul 7, 15 @ 4:40 pm
You’re right, still needs 71. Do you want to be the person who said “no” to being #71?
That ownership can still be shared.
Comment by ChelseaBlue Tuesday, Jul 7, 15 @ 4:44 pm
How ironic, the constitution will not allow state employees to be paid and the constitution was ignored when reqired pension benefits were protected under the constitution. Seems one thing in common, not paying people who have done nothing but be responsible and hard working. They did not create this insane and embarrassing mess. Both the democrats and republicans are causing a lot of unnecessary stress and hardship on the people of Illinois (not state employees) just to satisfy their own political agendas and egos.
Comment by Clodhopper Tuesday, Jul 7, 15 @ 4:50 pm
Ooop… (Not just state employees)
Comment by Clodhopper Tuesday, Jul 7, 15 @ 4:52 pm
I’d vote aye on both but I haven’t been suckered into thinking there’s enough discretionary spending that can be cut to close the 3-4 billion dollar hole in the budget. You can’t WFR your way close, and cutting aid programs leads to increased expenses elsewhere. Private charities help with some of the burden, but much of their money comes from the state not individuals.
Comment by Me too Tuesday, Jul 7, 15 @ 5:00 pm
===the superstar lawyers told Rauner that was OK!
Do you really think they told him that?===
people who were on the conf call say gov’s legal team was confident they would get court order to pay employees and blew off concerns from old hands who brought up 2007 order
Comment by anon Tuesday, Jul 7, 15 @ 5:15 pm
== Rauner now has the opportunity to privatize the Comptroller’s Office and large parts of CMS. Bring in ADP. ==
Ignoring the number of disasters the private sector contractors have had over the years trying to update State systems, because of the value of the contract, Rauner will still have to issue a RFP / RFQ and award it, which goes through CMS … at least a multi-month process to comply with the current procurement rules.
Comment by RNUG Tuesday, Jul 7, 15 @ 5:20 pm
== The simple solution is for the Governor to introduce an appropriation bill for only employee wages for the next three months to allow some breathing room. That in itself will not unbalance the budget. If he wants employees paid, that is the quickest avenue now that the courts have ruled. He has AV if they add anything he doesn’t want to the bill. ==
And Rauner better be prepared to put every GOP vote on it …
Comment by RNUG Tuesday, Jul 7, 15 @ 5:21 pm
When it comes to paying for work that occurred before July 1, that payment will come out of the FY15 budget. Be it salary or contract, the State has the “lapse period” to actually issue payment.
Comment by RNUG Tuesday, Jul 7, 15 @ 5:23 pm
I saw this chart the other day, showing how Illinois’s taxes are among the most regressive in the nation (certainly the most regressive in the region) and thought of you all and our budget mess:
http://www.vox.com/2015/7/6/8885375/map-inequality-states
Comment by Educated in the Suburbs Tuesday, Jul 7, 15 @ 5:23 pm
I’d like to thank my boss AG Madigan for looking out for all her employees making sure they don’t get paid. Then again, that has been her MO since she got the job. Good luck finding those low cost replacements with no experience when the troops leave!
Comment by Disgruntled 2 Tuesday, Jul 7, 15 @ 5:48 pm
old-pol
“Take this opportunity with an expired contract to simplify the pay rules and needed software programs to support them.”
Some of those “pay rules” are set out in statute. That is a common factor in government IT failures where private sector software is “the solution.”
Comment by Anyone Remember Tuesday, Jul 7, 15 @ 6:07 pm
I am shocked that there are only 165 comments on such a personal issue.
Comment by Anonymous Tuesday, Jul 7, 15 @ 6:08 pm
@get a job!…. no,this hasn’t been the worst comment yet. It does,however, demonstrate how the government’s inability to function will affect innocent kids. No pay for non custodial parent = no pay for custodial parent. Get it?
Comment by Just me Tuesday, Jul 7, 15 @ 6:18 pm
Once the state gets its new accounting system up and running, maybe it will be easier to determine who can be paid and who can’t.
Comment by Desert Dweller Tuesday, Jul 7, 15 @ 6:27 pm
== Desert Dweller - Tuesday, Jul 7, 15 @ 6:27 pm:
Once the state gets its new accounting system up and running, ==
What decade can we expect that? Certainly not this one.
Comment by sal-says Tuesday, Jul 7, 15 @ 6:47 pm
===Willy, you have become predictable again. Such a shame with all your talent. The “legal means” was forced on him by the Dem leadership. Cards are so heavily stacked against Rauner he should at least be given points for stick-to-it-to-tive-ness and innovation as he tries to smash the death grip MJM has had on this once proud state……SHEESH!===
Who… Who vetoed the budget to begin with? The rest is just parlor games. The veto, the choice, this path, Rauner owns.
You’re welcome.
An Aside - I dunno if you actually THINK that I have talent, or not, so I glossed over the “slight/compliment” part. OW
Comment by Oswego Willy Tuesday, Jul 7, 15 @ 8:41 pm
The issue isn’t really whether state workers should be paid; the issue is whether they should be working. State finance officers are forbidden by law to submit any voucher for payment which isn’t authorized by an appropriation, and it is unlawful to OBLIGATE funds without an appropriation. That is what the Governor is doing by demanding employees continue to work without appropriations. These laws are intended to ensure that timely budgets are passed, since the only alternative is a government shut-down. I’m bemused by all these politicians who don’t think the lack of any appropriations means nobody works and government actually shuts down. That’s unpleasant, but that’s what our laws call for. What’s the point of a “shut-down” that’s not really a “shut-down?” As a state worker myself, I hold the Governor at fault for this situation; avoiding it is one reason he has AV powers.
Comment by Oberon Tuesday, Jul 7, 15 @ 9:38 pm