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* UPDATED x1 * “We hope the Governor uses the magic soon”

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* Gov. Rauner continues to talk about getting out of judicial consent decrees…

“There’s more of a mindset of ‘boy, we’ve gotta do something different.’ That’s one of the, I guess, small side benefits is people are willing to be more creative and aggressive and rethinking how government works.”

Meanwhile the state is spending more than it’s bringing in because of court orders and consent decrees, something Rauner wants to reverse.

“Other governors have ignored that and that’s cost more spending and bad policy. I want to work out a plan where every court order gets dealt with and goes away, consent decrees go away, so the government is actually being run proactively to benefit the taxpayers and the citizens who are receiving services”

OK, that’s a laudable goal. The state had to enter into those consent decrees because it was violating laws, so it’s easier said than done. Even so, it’s a laudable goal.

* But what Rauner hasn’t mentioned so far is that his administration entered into yet another consent decree just last month…

“The place is a cacophonous madhouse,” said Alan S. Mills, executive director of the Uptown People’s Law Center, who has visited the facility [Built in 1925 and known as the “roundhouse,” the circular jail at Stateville Correctional Center near Joliet].

Mills and others, including the Illinois Department of Corrections, hope that a settlement reached last month in a class-action lawsuit will provide relief from this place to some of the prison system’s most vulnerable — its more than 11,000 mentally ill inmates.

The settlement in a case filed in 2007 brings some widespread changes to the state’s mental health care system for inmates, which experts said desperately lags behind national standards. The settlement will lead to Illinois’ first psychiatric hospital for prisoners and will allow the hiring of more than 300 mental health professionals.

In a change germane to those living at the roundhouse, the settlement will replace a policy that often puts the mentally ill in segregation, meaning they are left in their cells for nearly 24 hours a day and often constantly monitored to prevent suicide attempts. While this may prevent suicide, Mills said it often causes the mentally ill to “decompensate.”

* And the ACLU of Illinois has offered its thoughts on the matter…

Yesterday, in a series of interviews marking his first year in office, Illinois Governor Bruce Rauner said that a “big part” of his administration’s plan going forward would be to seek release from court oversight in various federal consent decrees to which the State of Illinois has agreed.

The American Civil Liberties Union currently represents clients in five ( 5 ) such consent decrees, addressing care for children under the care of the Department of Children and Family Services, youth detained by the Illinois Department of Juvenile Justice as well as people with intellectual, physical and psychiatric disabilities who have been needlessly warehoused in large institutions and want to live in community-based settings.

Because of this experience and involvement, the American Civil Liberties Union of Illinois issued the following statement about the Governor’s comments. The following can be attributed to Edwin C. Yohnka, Director of Communications and Public Policy at the ACLU of Illinois:

Governor Rauner should know that adherence to terms of a consent decrees is not a political option to be debated in the media. These agreements exist because the State violated the law — often over decades — in ways that impose significant harms to our clients and others in Illinois. If he possesses a magic wand to fix the challenges faced by children in the child welfare system, youth being incarcerated or people with disabilities after years of neglect by the State, we hope the Governor uses the magic soon. The reality is that the way to make getting out of consent decrees a “big part” of his agenda is to bring the State’s dysfunctional systems in compliance with the law by improving the way the State provides services and supports to people who depend on its help.

We look forward to engaging in that work, rather than debating ideological rhetoric.

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

The DOC matter was not a consent decree, but simply a settlement agreement. We worked hard to demonstrate to the court that a consent decree was not necessary and the Court agreed. This, in fact, proves the opposite point. This is the first victory of the Governor’s in his efforts to reduce the # of consent decrees the state is tangled in.

Also, the Governor’s point, of course, was not that we are going to get out of the consent decrees by not complying, but rather come up with compliance plans to comply with the decree so we can ask the Court to allow us to exit. We actually agree with the ACLU.

posted by Rich Miller
Wednesday, Jan 13, 16 @ 9:06 am

Comments

It’s going to cost serious up-front money to get to the service levels needed to comply. Any savings are years in the future.

Comment by RNUG Wednesday, Jan 13, 16 @ 9:13 am
Damn federal courts, under Madigan’s thumb as well. /s

Comment by ChicagoVinny Wednesday, Jan 13, 16 @ 9:13 am
With the huge cuts in services to the mentally ill, I expect more consent decrees in the future, not less.

Comment by Anonymity Wednesday, Jan 13, 16 @ 9:18 am
Campaigns are hard, governing is difficult.

===“Other governors have ignored that and that’s cost more spending and bad policy.===

Is that “Envelope 1″ or “Envelope 2″? Hmm.

===I want to work out a plan where every court order gets dealt with and goes away, consent decrees go away, so the government is actually being run proactively to benefit the taxpayers and the citizens who are receiving services”===

A passed and signed budget takes care of a lot.

But… (Sigh)… no budget is possible until the Turnaround Agenda is passed…

“@RonSandack: I’m frustrated 2, but taking steps towards reforming IL more important than short term budget stalemate.”

See… The Governor may be right in his thinking, but the Governor is choosing quite possibly the oddest way to seem fiscally more responsible than governors of the past.

Ron Sandack knows. Pain first, solid governing principles, second? Hmm.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 9:19 am
RNUG is so on it. Anyone see a lot of money laying around to do this? Better yet, anyone see a general budget?

Comment by Norseman Wednesday, Jan 13, 16 @ 9:22 am
As Yohnka pointed out, many of the class actions came about because Illinois has for years not funded human services at levels that provide critical services for people with disabilities.

If you want some interesting reading, ask DHS how many adults with DD are waiting on the PUNS list for services.

You might not like consent decrees but at times there is little alternative to bringing action against the State to provide services.

And this is not a new issue. Years ago, Pate Philip got so ticked off at DCFS for entering into a consent decree, he introduced a bill that would have required the senate’s approval before a state agency could enter into one.

The bottom line is though it is probably cheaper in the long run to do a consent decree than fight a losing battle in the courts which the State would likely lose anyway.

Comment by Give Me A Break Wednesday, Jan 13, 16 @ 9:25 am
IDOC has been working for the last 3+ years to keep that consent decree from happening. They have been proactive under the leadership of Chief of Staff Brian Gleckler to begin the process of meeting the courts requirements and going beyond at each hearing. But this is Rauner’s victory.

Comment by Spliff Wednesday, Jan 13, 16 @ 9:39 am
===Also, the Governor’s point, of course, was not that we are going to get out of the consent decrees by not complying, but rather come up with compliance plans to comply with the decree so we can ask the Court to allow us to exit.===

I honestly understand the logic, and I even see what the Governor’s Office is trying to convey.

How is having no budget, no desire for a budget… assist… in this plan to get out from under these decrees?

Maybe the first question is; How is holding up the budget for the Turnaround Agenda make complying and getting out from under decrees possible?

Again, the oddest way to go about trying to come up with a worthy solution. Just… odd.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 9:46 am
Pass a budget that funds the programs. Solutions are simple, politics makes it almost impossible.

Comment by RetiredStateEmployee Wednesday, Jan 13, 16 @ 9:47 am
“We actually agree with the ACLU… except for the part about not engaging in a debate of ideological rhetoric.” - Fixed it for you.

Comment by Notorious RBG Wednesday, Jan 13, 16 @ 9:52 am
Doesn’t have a budget, fails to pay social services agencies for the work they do, allows the state safety net to fall apart, cuts off 10’s of thousands of children from childcare to settle a score with the union… those federal judges are going to be tripping over themselves to let this administration out of the consent decrees.

Comment by Century Club Wednesday, Jan 13, 16 @ 9:52 am
===”no desire for a budget===”

You of course include Speaker Madigan here?

Comment by Louis G. Atsaves Wednesday, Jan 13, 16 @ 9:54 am
Gleckler was let go by the Rauner people months ago.

Comment by Thinking Wednesday, Jan 13, 16 @ 9:54 am
“Thinking” exactly but still the Administration claims this as their win.

Comment by Spliff Wednesday, Jan 13, 16 @ 10:00 am
- Louis G Atsaves -

Where o where are these Democrats that Governor Rauner speaks of then?

Where?

Rauner requires the decimation of Unions to get the budget, and the Turnaround Agenda first, budget second.

Unless Rauner starts pullin’ all these Democrats out abd shows 60/30 and Madigan is actually, honestly, stopping passable bills, it’s on Rauner.

“Pat Quinn failed”

Rauner is failing, - Louis G Atsaves -, even by Rauner’s own rules.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 10:00 am
To the update - all rhetoric aside, you still can’t comply without a budget.

Comment by Norseman Wednesday, Jan 13, 16 @ 10:07 am
In the developmental disabilities system, the courts have been the only implementer of improvements. The state government has just cut and not provided adequate funding for a decade. Rauner implied during the campaign he would do better.

To say consent decrees are the reason the state is spending more than it’s bringing in is ludicrous. If he really wanted a budget resolution, he would not have signed off on the education funding, spending money without revenue or cuts to balance it. If he really wanted pressure for a solution, he would have let the K-12 not open. Yet, for his pressure, he chooses to make people with disabilities, health issues and poverty suffer. If everyone were suffering, that would force the parties to get things accomplished, but he selected these groups to suffer.

Comment by Earnest Wednesday, Jan 13, 16 @ 10:08 am
You didn’t answer my question Willy. It does take more than one person to form a disagreement. Try again.

===”Rauner requires the decimation of Unions to get the budget, and the Turnaround Agenda first, budget second.”===

The state’s largest public union playing victim in the face of 17 other unions signing contracts (I guess that means the decimation argument failed 17 times in a row now) has worn thin. Actions speak louder than words and asking a union to give back on something like overtime after 40 hours instead of 37.5 isn’t a “decimation” tactic.

The refusal of Democrats to even discuss portions of the Turnaround Agenda and preferring the failed status quo? Just do another budget and we will address the Turnaround Agenda in the future? That’s their plan? Or are they being victimized as well? Hardly.

Other governors have fought with the Speaker in the past, of both parties. Perhaps the Speaker has finally realized that he is now fighting with a new Governor who is as tenacious as he is?

As you are fond of always saying: “Elections have consequences.” It is time everyone own up to that for a change concerning our government in Springfield. Things changed with Rauner’s election. Deal. With. It.

Comment by Louis G. Atsaves Wednesday, Jan 13, 16 @ 10:11 am
@Louis G and the funky bunch.

If you are at work 8 1/2 hours a day and you get a half hour lunch and two unpaid 15 minute breaks, and you are not allowed to leave your work area, how many hours do you spend at work each week?

It’s a math problem so I’ll give you a bit to google what the IPI’s answer should be.

Comment by Trolling Troll Wednesday, Jan 13, 16 @ 10:26 am
===You didn’t answer my question Willy. It does take more than one person to form a disagreement. Try again.===

- Louis G Atsaves -

I answered very clearly. Read.

Rauner can’t get to 60 and 30. That’s on Rauner. You can’t hold anything back that can’t pass to begin with, lol.

Seriously, show me 60/30, then it’s on Madigan and Cullerton.

Rauner can’t pass his agenda.

Rauner is holding up things under this fantasy that Rahm will help too.

Try again.

===The state’s largest public union playing victim in the face of 17 other unions signing contracts (I guess that means the decimation argument failed 17 times in a row now) has worn thin.===

You are willfully ignorant.

1) is what is being offered to AFSCME thevsame as the other 17?

Nope.

2) Agreements are swell, requiring the ending of prevailing wage and decimating collective bargaining IS decimating unions no matter the agreements prior to trying to end Unions.

Willfully ignorant.

===The refusal of Democrats to even discuss portions of the Turnaround Agenda and preferring the failed status quo?===

The status quo now is destroying Social Services, vendors laying off employees, Springield deciding to turn the power off to state buildings in town…

That’s the Status Quo now.

“Short term pain for big long term pain” - Bruce Rauner.

That’s today’s Status Quo. Keep up.

===Just do another budget and we will address the Turnaround Agenda in the future? That’s their plan? Or are they being victimized as well? Hardly.===

Governors need budgets.

Governor’s agencies don’t need their Boss to fund their fundamental governmental duties? Hardly.

===Other governors have fought with the Speaker in the past, of both parties. Perhaps the Speaker has finally realized that he is now fighting with a new Governor who is as tenacious as he is?===

Actually, Madigan is doing what he’s always done; wait governors out. Waiting out governors is what Madigan does abd this isn’t any knew strategy to stave off Rauner. At all.

Rauner ain’t THAT special.

===As you are fond of always saying: “Elections have consequences.” It is time everyone own up to that for a change concerning our government in Springfield. Things changed with Rauner’s election. Deal. With. It.===

“As you are fond of always saying: ‘Elections have consequences.’ It is time Rauner owns up to that for a change concerning our government in Springfield, Rauner needs 60, Rauner needs 30. Rauner has neither. Nothing changed with Rauner’s election, Rauner needs 60 and Rauner needs 30, like every other before him. Deal. With. It.”

Better

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 10:27 am
Sure hopin’ someone is plannin’ a round-up of all the nutty S* the SuperStars have served up over recent days..imaginary friends, courts orders are not consent decrees, all the old Madigan The Thief stuff.
It is stunnin’ how little these Magoos seemed to have learned over this last long year.
On the horizon is the closin’ of some colleges — that might be first in the nation accomplishment, the fact his hand picked delegates could not file valid petitions and of course the Kirk campaign.
Yikes

Comment by Annonin' Wednesday, Jan 13, 16 @ 10:34 am
“1) is what is being offered to AFSCME thevsame as the other 17? Nope.”

I beg your pardon. I believe you need to check your facts on this, sir. AFSCME has been offered the same deal that the Teamsters and the 12 trades already agreed to.

“Please keep up.”

Comment by Jack Kemp Wednesday, Jan 13, 16 @ 10:46 am
“The DOC matter was not a consent decree, but simply a settlement agreement.”

BTW could someone mention to the SuperStars that it will be a consent decree when the ACLU tells the judge the SuperStars are back pedalin’ on the agreement.

Comment by Annonin' Wednesday, Jan 13, 16 @ 10:50 am
- Jack Kemp -

Hmm…

Medical insurance?

Put a think on that, get back to us…

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 10:51 am
Oswego Willy,

The insurance issue is not applicable to the Teamsters, as they have their own fund for insurance. But the deal that the 12 trades agreed to is exactly what was offered to AFSCME.

And let’s be honest, here. If AFSCME truly believes that the proposed changes to insurance are so extreme, they have their head in the clouds.

“Try again.”

Comment by Jack Kemp Wednesday, Jan 13, 16 @ 11:07 am
@trolling troll: pose that question to the IPI, not me.

@willy, “willfully ignorant?” So those signed contracts with 17 other public unions has lead to their “decimation?” Is this the new silent killer, replacing cancer? Agreeing with the Rauner administration on 17 other union contracts?

Try to make more sense and less snark please.

Comment by Louis G. Atsaves Wednesday, Jan 13, 16 @ 11:10 am
- Jack Kemp -

Not the same means NOT the same…

Not… “Well, other than that… ”

The “that” is a big deal.

They’re not the same. Period.

The moment you went “other than that”, it’s over, lol

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 11:11 am
Again, - Louis G Arsaves -, LOL…

===2) Agreements are swell, requiring the ending of prevailing wage and decimating collective bargaining IS decimating unions no matter the agreements prior to trying to end Unions.===

You ‘nember all those times you’d bring up the property tax freeze but “accidently” forget the ending prevailing wage and decimating collective bargaining? I do.

Signing agreements hasn’t stopped Bruce Rauner from requiring the end of Unions in Illinois.

Rauner is trying to be patient, you know, wait for his time, lol

… nah, Rauner is still pushing the end of unions.

What about Lincolnshire? The RTW thingy…

If anything, Rauner is gearing up against the public and trade unions at the same time.

Union Members, come March and November…

Vote. Accordingly.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 11:17 am
I never said “other than that.”

“Read.”

The insurance question doesn’t apply to the Teamsters. Period. It is not applicable. Where it is applicable, the offer was precisely the same.

“You are willfully ignorant.”

Comment by Jack Kemp Wednesday, Jan 13, 16 @ 11:20 am
If it doesn’t apply, it’s not the same.

Can’t be the same if the qualifying points don’t match.

Can’t make a square peg fit in a round hole.

K? K.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 11:22 am
You honestly have no idea where you’re talking about; so you insist upon some non-point to make your non-argument. “Willfully ignorant.”

The Teamsters are the exception here, not AFSCME. The offer made to the 12 trade unions was exactly the same as the offer made to AFSCME. Exactly.

Why would they agree to such an extreme and extortionate change to their health insurance? Are they in on the plan to “decimate” the union? Or do they just have a better vision of, oh, say.. reality?

Comment by Jack Kemp Wednesday, Jan 13, 16 @ 11:26 am
===The Teamsters are the exception here, not AFSCME.===

Not the Same… Isn’t the Same.

AFSCME made their own bed, I’ve said numerous times. Rauner won, they need to get the best deal they can.

But clearly… Saying the same doesn’t make it so, however, lol

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 11:33 am
Annonin’ is basically right. Other than the title and some paperwork, there is little difference between a consent decree and a settlement when it comes to what the State’s actual obligation would be. In both cases, the state agrees to do something. The only difference is in the steps the plaintiff takes to enforce the agreement.

Comment by the Other Anonymous Wednesday, Jan 13, 16 @ 11:36 am
Willy, you’re feeding the troll my friend.

Comment by Norseman Wednesday, Jan 13, 16 @ 11:47 am
Jack Kemp…

Exactly? All 12 trade unions? Please provide details to prove this assertion so we can all be enlightened. Are you involved in the AFSCME negotiations to make the comparison?
Thanks.

Comment by Finally Out (and now very glad to be) Wednesday, Jan 13, 16 @ 11:48 am
- Norseman -

Yeah, I had hoped my “K? K.” would end my… interaction.

See, I need ya to keep me from myself.

Thanks, bud.

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 11:49 am
==the state’s mental health care system for inmates, which experts said desperately lags behind national standards==

Sorry to see that we weren’t taking care of some of the most vulnerable even when the tax increase was in effect.

Shameful.

Comment by Formerly Known As... Wednesday, Jan 13, 16 @ 11:54 am
The disability-related consent decrees are not causing “more spending.” They are prompting the state to make baby steps in exchange for a chance to wiggle out of federally mandated services. Vast difference.

Comment by Dome Gnome Wednesday, Jan 13, 16 @ 12:09 pm
Huge problem…..state didn’t take care of the most vulnerable even when we had the tax increase. Community providers haven’t had an increase in years…..Quinn and pals wasted the tax increase money….where did it go…except into the pockets of his friends for some very unnecessary programs that didn’t benefit the disabled.

Comment by Anonymous Wednesday, Jan 13, 16 @ 12:49 pm
The column by Matthew Epperson on the NY Times website (appropriately) ties the cuts in Illinois mental health funding to police-citizen violence, focusing on the recent LeGrier shooting by CPD.

Comment by Keyrock Wednesday, Jan 13, 16 @ 12:53 pm
==If AFSCME truly believes that the proposed changes to insurance are so extreme==

I’ve stated before, in private sector making what I am now, I could get a Gold plan with a $500 deductible for $249 a month for myself and my child would be covered under AllKids. As a public employee I pay $113 per month for her. With what Rauner is offering I would have a deductible of, what, over $3000 a year? Maybe up to $6000? And pay around $400 per month? How is that a bargain? Sounds pretty much on the extreme side to my bank account. We should at least be able to get the same insurance as the private sector workers, not 3 times the amount.

Comment by HangingOn Wednesday, Jan 13, 16 @ 1:52 pm
Under Quinn, IDOC made a settlement plan on the mental health crisis, all years in the making, with many structural problems such as how to attract professional staff in rural areas who do not want to be there.

Quinn was making a plan to address this even with Director Randle. Rauner fired Gleckler and it fell apart.

Still, the mental health plan is over the top, investing in a mega-gigantic prison structure when these people should instead be treated in the community. It’s…insanity.

Comment by State worker Wednesday, Jan 13, 16 @ 2:15 pm
==show me 60/30, then it’s on Madigan and Cullerton==

imho, they have varieties the same problem.

Rauner can’t get to 60. Madigan can’t get to 71.

They cannot move anything without each other, and they need each other. The sooner they both accept that and begin compromising towards each other, the better off Illinois will be.

Comment by Formerly Known As... Wednesday, Jan 13, 16 @ 2:17 pm
They close all the state mental heath facilities and then everyone is surprised they ended up in prison. Seriously?

Comment by D J Wareham Wednesday, Jan 13, 16 @ 2:17 pm
- FKA -

Point taken, but it’s Rauner that needs a budget, not the GA.

Those are the Governor’s Agencies whithering while employees are being paid.

Madigan is waiting Rauner out…

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 2:23 pm
–The DOC matter was not a consent decree, but simply a settlement agreement.–

That’s pickin’ pepper out of fly-stuff, is it not? Lookin’ for a distinction without a difference?

You’re under a court order. If you don’t comply, you’re back in court with some ’splaining to do.

Seriously, what’s the practical difference?

Comment by Anonymous Wednesday, Jan 13, 16 @ 2:43 pm
I completely agree with the Governor. The prison law suit referred to was not a “consent decree”; however, it does impose obligations on the state to improve mental health services in Illinois’ prisons. We also agree that under the prior administration, significant advances were made, advances which the present administration has now agreed to continue. Of course, as the ACLU points out, it may now be making these changes voluntarily, but they are mandated by the Constitution, and thus are not something that can be part of the normal day-to-day political balancing of priorities that goes on every day in Springfield. The whole point of the constitution is that it imposes obligations which are NOT subject to negotiation.

Comment by Alan Mills Wednesday, Jan 13, 16 @ 2:52 pm
Alan is spot-on.

The governor’s office views the constitutional obligations represented by consent decrees and other court settlements as an entanglement, to use his own words.

You cannot “disentangle” yourself from the Constitution. If, however, you want to reduce the burden of those Constitutional obligations, you need to make the wise, long-term investments necessary to reduce incarceration, child abuse, and mental health that bring people into protected status.

The administration’s position wrongly views the consent decrees as the priority, and not the needs of the people protected by those decrees.

It is no accident that he is falling back on the ever-popular judicial activism talking point.

Rauner blames everyone but the man in the mirror for his failures. It is one of the worst traits you can have in a leader.

To paraphrase good-to-great, strong leaders look out the window when attributing success and in the mirror when assigning blame.

Comment by Yellow Dog Democrat Wednesday, Jan 13, 16 @ 3:18 pm
===”Point taken, but it’s Rauner that needs a budget, not the GA.”===

The members of the GA are not receiving any complaints about after effects of not having a budget? No frustrated telephone calls? E-Mails? Nothing?

I seriously doubt that. Bottom line: Both Rauner and the GA need a budget.

Comment by Louis G. Atsaves Wednesday, Jan 13, 16 @ 4:54 pm
===Both Rauner and the GA need a budget.===

Nope.

Those are Rauner Agencies without a budget.

Again, - Louis G Atsaves - if you are saying Bruce Rauner is inept, after a year, to understand the needs of his state agencies, then I’ll say,

“Rauner’s inept? Maybe the GA needs to do the job of the governor”

Are you saying Bruce Rauner is inept, and can’t understand how that… works?

I’m asking, it’s honestly not rhetorical…

Comment by Oswego Willy Wednesday, Jan 13, 16 @ 5:24 pm
Trades deal not same - they have prevailing wage.

Comment by Kankakeeguy Wednesday, Jan 13, 16 @ 7:31 pm
Check and see if trades have ” me too ” language on insurance.

Comment by Kankakeeguy Wednesday, Jan 13, 16 @ 7:34 pm