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“This puts Lisa Madigan in a position to force the state to stop paying state workers”

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Illinois

* The Illinois Policy Institute parrots Gov. Rauner and likely gives us a preview of other attacks if the AG moves forward…

Only in Illinois.

As Illinois House of Representatives Speaker Mike Madigan locks horns with Gov. Bruce Rauner in a nearly 10-month long budget battle, a major power play has fallen into the lap of the speaker’s daughter Attorney General Lisa Madigan.

The Illinois Supreme Court ruled in March that thousands of state government workers were not entitled to back-pay raises owed to them because those funds were never appropriated by the General Assembly. This puts Lisa Madigan in a position to force the state to stop paying state workers, since lawmakers have not yet passed a bill funding their salaries. Rather, they have been funded under a court order from a St. Clair County judge. The attorney general’s office is currently reviewing the state Supreme Court’s decision.

If Lisa Madigan decides to argue in court that the state must cease paying state workers and succeeds, government operations will grind to a halt, putting major pressure on Rauner to sign off on another unsustainable state budget that would likely subject Illinoisans to massive tax hikes with no real reform, long the priority of Speaker Madigan.

Interestingly, while state workers would go without paychecks, lawmakers would still take home their salaries.

Discuss.

posted by Rich Miller
Friday, Apr 15, 16 @ 9:42 am

Comments

Wait a second….you mean an independent voice like the Illinois Policy Institute is coordinating with the governor’s office?

Comment by RTR Friday, Apr 15, 16 @ 9:46 am
If the stopping of pay happens first, before AFSCME may have a work stoppage, the utter hypocrisy of Rauner trying to defend the paying of state workers without a Rauner budget, and… the premise stste wirkers make too much and want too much will be so delicious, LOL…

“State workers are great and deserve to be paid!”

“State workers want way too much and taxpayers want them earning less!”

Whaaa?

Hilarious. Can’t wait.

You hang in there Rauner Administration, you own this because Governors own.

“Pat Quinn failed” … “Bruce Rauner failed… ”

Right? Exactly right.

Comment by Oswego Willy Friday, Apr 15, 16 @ 9:47 am
I can’t decide if this is an actual threat or if it’s just being used as a pressure point. I’m certain Rauner would enjoy the chaos, though.

Comment by Politix Friday, Apr 15, 16 @ 9:49 am
Since the IPI is so concerned about back pay still owed to some AFSCME members, does this mean that Gov. Rauner will amendatory veto the engrossed SB 2046 to make sure that at least those workers get their back pay?

Comment by Nick Name Friday, Apr 15, 16 @ 9:49 am
*enrolled. Sorry.

Comment by Nick Name Friday, Apr 15, 16 @ 9:50 am
–This puts Lisa Madigan in a position to force the state to stop paying state workers…–

She can ask, but judges will decide. That’s how it’s worked here in America for a couple hundred plus yeas now.

Still, I’m against it. People should get paid for their work. It’s as simple as that.

All such a move would do is take pressure of General Assembly Republicans to make a deal.

Find another way.

Comment by wordslinger Friday, Apr 15, 16 @ 9:51 am
===Wait a second….you mean an independent voice like the Illinois Policy Institute is coordinating with the governor’s office?===

Don’t forget “Non-partisan”!

Comment by PublicServant Friday, Apr 15, 16 @ 9:51 am
The AG has a duty to uphold the law and abide by the rules. But if I were her, for political reasons, I wouldn’t touch this with a ten foot pole. Besides, if the governor won’t do his constitutionally obligated duties, why should anyone else?

Comment by Ducky LaMoore Friday, Apr 15, 16 @ 9:51 am
So Lisa will go to court to stop the pay for her own staff. I’m sure they are happy about this.

Comment by Cassiopeia Friday, Apr 15, 16 @ 9:52 am
From a purely process standpoint, I do not understand how state employees are getting paid, what with this State Constitution and all. From pretty much every other standpoint, I am happy they are getting paid. I cannot imagine the damage to families and the Springfield community that would ensue if the paychecks stop.

Comment by SAP Friday, Apr 15, 16 @ 9:53 am
Will the govenor’s lap dogs long for there paychecks too?

Comment by Rabid Friday, Apr 15, 16 @ 9:53 am
Does anyone else outside of the AG have legal standing to go to court and launch this challenge? (I imagine any Illinois resident would have standing, but I’m no lawyer.) If so, that’s the move to make. Why get Lisa’s hands dirty with this mess?

Comment by RTR Friday, Apr 15, 16 @ 9:54 am
The State should have stopped paying employees on July 1st 2015 when there was no budget… one) because that is common sense no budget - no pay… two) the pressure over the state stopping all services would have put tremendous weights on everyone to get the budget worked out. Just like most other states and the Federal budget… I have been saying this since July 1st.

Comment by Allen D Friday, Apr 15, 16 @ 9:54 am
For budgets and appropriations to have any meaning, this challenge seems necessary. After the back pay decision, and the reinforcement of “subject to appropriations” I don’t see where she has a choice. It’s hilarious to read a conservative organization like the IPI arguing againt a law and order position.

I also believe the unions are duty bound to challenge this, it’s the kind of advocacy that their dues are intended to provide.

Comment by AC Friday, Apr 15, 16 @ 9:55 am
So is it Lisa or the courts who will “force” the issue? Hadn’t realized we had collapsed the branches into one. And are t these the same folks who criticized Lisa for NOT fulfilling her legal obligations to follow the law on the judicial bypass for abortions?

Comment by Anonymous Friday, Apr 15, 16 @ 9:55 am
Rauner with support from Illinois Policy Institute remind me of the line from Cool Hand Luke, “Boss, I wish you’d quit being so good to me.” What are these people thinking?

Comment by WETHEPEOPLE Friday, Apr 15, 16 @ 9:57 am
Only in Illinois…would a Governor issue a veto and then march into court to argue that his veto has no legal effect.

Comment by Juice Friday, Apr 15, 16 @ 9:58 am
If the AG sues, this would mark a second attempt at forcing a stoppage of payment to state employees (and forcing a shutdown) during the impasse.

In contrast, Rauner has insisted on paying state employees their full wages throughout the prior FLSA dispute and also continued paying AFSCME members their full rate of pay even after the contract expired as rumors were being spread of a lockout.

Democratic House Speaker refuses to compromise, meet privately with the Governor, or respond to peace gestures in kind + Democratic AG sues for a second time to stop payment of state employees and force a shutdown = Because Rauner? Not this time. There is no way to successfully spin that yarn as Rauner’s fault if the AG chooses to attempt this.

Comment by Formerly Known As... Friday, Apr 15, 16 @ 10:03 am
Yet another “special privilege” card for the GA. They would get paid but state workers would not. When will taxpayers revolt against such things? Why are the rules for the GA not the same as those which apply to everyone else?

Comment by One of the 35 Friday, Apr 15, 16 @ 10:06 am
Governor Rauner has made it his policy agenda to pay working class people less. Lisa Madigan is proposing to pay them not at all, this is the Governor’s dream achieved. If this works I’d be genuinely surprised if he doesn’t erect a statue in her honor.

Comment by The Captain Friday, Apr 15, 16 @ 10:11 am
So if your Lisa and you have any hope of a future in this state you take a lesson of what others have done in the past and “Study this matter” for as long as you can. Like putting a letter a day on your decision. Since DAD doesn’t ever want to hear about it and the GOV wants it done yesterday…. Either way it’s the white elephant around her neck in future races…. IL State workers have a long memory. They most certainly do not forgive and they NEVER forget…….

Comment by Slient Majority Friday, Apr 15, 16 @ 10:13 am
- Ducky LaMoore - Friday, Apr 15, 16 @ 9:51 am:
“Besides, if the governor won’t do his constitutionally obligated duties, why should anyone else?”

Lisa Madigan, like the late Judy Baar Topinka, has something called integrity she will not cower from her constitutional duties no matter how unpopular. She’s not the impotent victim that Rauner is.

Comment by Anonymous Friday, Apr 15, 16 @ 10:13 am
The above should not be taken as a defense of Rauner’s behavior, either. I actually think both @Allen D and @wordslinger are right on this. In a sane Illinois, the shutdown would have started on July 1 when there was no budget in place, and as @wordslinger says people should be paid for doing their jobs.

It is difficult to picture this confluence of events resulting in a successful ==Rauner’s fault== narrative if this choice by the AG forces a shutdown.

Comment by Formerly Known As... Friday, Apr 15, 16 @ 10:13 am
“State workers are great and deserve to be paid!”

“State workers want way too much and taxpayers want them earning less!”

And,

“Why will legislators get paid while state workers won’t?”

“Why do state workers get the lavish pay and benefits when taxpayers don’t?”

It’s very sad that it may take a total meltdown to move the governor off of his unattainable proposals and the beast squeezin’. Perhaps that’s what is most feared by certain interests.

Comment by Grandson of Man Friday, Apr 15, 16 @ 10:14 am
You know, on a side note: I’m really getting sick and tired of the constant reminding that the AG happens to be the daughter of the Speaker - as if she’s nothing more than one of the chess pieces on the board or simply an appendage of the Speaker. You don’t hear that kind of talk regarding Darin LaHood or Emil Jones III, and it’s long past misogynistic and fast approaching lunacy.

There are plenty of reasons to dislike Lisa Madigan in her own right. If all you’ve got is that she’s her father’s daughter, you’re as ignorant as you are lazy.

Comment by Name Withheld Friday, Apr 15, 16 @ 10:14 am
That was me:
- Anonymous - Friday, Apr 15, 16 @ 10:13 am:

Comment by Jimmy H Friday, Apr 15, 16 @ 10:15 am
It is an interesting argument, Rauner has been vetoing Democratic bills that he calls shams because the bills don’t include appropriations to pay for them. However he’s ok for paying the employees even though there has been no bill passed appropriating money to pay them.
I would hate to see a Government shutdown though. Folks to depend on services would be hurt as well as all the hard working and dedicated people who work for the state.

Comment by The Dude Abides Friday, Apr 15, 16 @ 10:20 am
“… putting major pressure on Rauner to sign off on another unsustainable state budget…”

If this gives Rauner the cover he needs to sign a budget, well great!

It’s interesting that they are saying that, because all he would have to do is veto everything but the appropriation for State worker pay. And- Didn’t Rauner veto the appropriation for State worker pay last year?

Comment by Jimmy H Friday, Apr 15, 16 @ 10:26 am
===Rauner with support from Illinois Policy Institute remind me of the line from Cool Hand Luke, “Boss, I wish you’d quit being so good to me.” ===

An remember what happened right after he said that. . .

On a somewhat related topic, am I the only one who winces when passing the “April is Child Abuse Prevention Month” banner hanging on the fence at the mansion? My capability for irony burned out months ago.

Comment by Way Way Down Here Friday, Apr 15, 16 @ 10:27 am
Seems high-risk, high-reward. I say do it and let the chips fall where they may. Crisis creates leverage, Bruce.

Comment by Gert Frobe Friday, Apr 15, 16 @ 10:30 am
If state workers don’t get paid and thus do not show up for work, then not even the GA, ILSC, or retirees get paid. Some of those state workers are the ones who process payrolls.

Comment by My New Handle Friday, Apr 15, 16 @ 10:40 am
I really appreciate how that various sides in this budget dispute leave out minor details such as the IPI saying ‘those funds were never appropriated by the General Assembly’. They are correct. They just happen to not mention neither Rauner nor the GA provided a balanced budget and Rauner vetoed what the GA passed. This is no one way street. Either side can put forth a balanced budget. If the ISC is right then no budget = no appropriation = no payment to anyone including employees and schools.

Comment by zatoichi Friday, Apr 15, 16 @ 10:40 am
==she will not cower from her constitutional duties no matter how unpopular==

Is that why she sued to stop the General Assembly from changing their salary during the same legislative session? Even though it was a politically popular pay decrease they were implementing? A pay rate change that Mr Cullerton told the media was blatantly unconstitutional? We must have forgotten about that lawsuit.

Comment by Formerly Known As... Friday, Apr 15, 16 @ 10:41 am
will this affect the retired state workers?

Comment by Anonymous Friday, Apr 15, 16 @ 10:44 am
- GOM -

With respect,

Those will be Rauner quotes. The hypocrisy will be Rauner in front of cameras and mics saying the things I’m sure will be the messaging (’cause it has been in the past) and your take(s) are discussions, not quotes in complete contradiction to each other.

That’s why it’s delicious.

To the GA getting “paid”…

It’s exactky like the Governor “must” getting his pay.

We’re not a 3rd World banana republic.

I dinged Quinn for stopping GA pay as an ignorant stunt, and if Rauner and IPI are just as ignorant as Pat Quinn, I can’t hekp that, lol

Comment by Oswego Willy Friday, Apr 15, 16 @ 10:45 am
Pretty sure Lisa is held blameless by state workers. Lisa isn’t the face of this thing by a long shot. Two men are the face MJM and Rauner one of those two has spent the last year+ railing against state employees at every microphone he can find as well as aggresively pursuing an impasse declaration to ram a contract down the throat of state employees. I don’t think employees are that naive to buy it’s all MJM’s fault especially when he’s the one who actually appears to support them.

Besides this will help State Employees in the long run if the Guv tries this trick in fy17 a win by Lisa ensures employees appropriation is signed with the k-12.

Pretty sure IMHO it will be house R’s begging for a dem budget to vote on to stop the calls from irate voters. Rauner will fold or else watch his bought caucus become independent.

Comment by Mason born Friday, Apr 15, 16 @ 10:50 am
== will this affect the retired state workers? ==

Maybe … if the state workers who process the orders are told to stay home. Have to think they would be considered necessary personnel in order to get State Police and prison guards paid. There should also be contingency plans to just keep processing the previous months payment orders.

I don’t think it will, partly because the courts have previous said the pensions must be paid when due. Wouldn’t take much for the retirees to get a court order.

Comment by RNUG Friday, Apr 15, 16 @ 10:54 am
-RTR- had the best suggestion. Let a private citizen sue. I’m sure one could be “found”.

Comment by RNUG Friday, Apr 15, 16 @ 10:56 am
==Only in Illinois…would a Governor issue a veto and then march into court to argue that his veto has no legal effect. == That nails it, right there.

Comment by SAP Friday, Apr 15, 16 @ 11:06 am
==If state workers don’t get paid and thus do not show up for work, then not even the GA, ILSC, or retirees get paid. Some of those state workers are the ones who process payrolls. ==
ding ding, they process a lot of out going payments that would stop

Comment by Anonymous Friday, Apr 15, 16 @ 11:12 am
I don’t believe Illinois Court’s issue advisory opinions, which is a shame, this is perfect for that. She shouldn’t be forced to take a position. I think she does have standing based on the other opinion b/c she needs to make sure the state isn’t violating the law. I don’t see why she couldn’t file an action to allow them to continue to get paid b/c she thinks the other ruling prohibits it.

Comment by burbanite Friday, Apr 15, 16 @ 11:15 am
==If state workers don’t get paid and thus do not show up for work, then not even the GA, ILSC, or retirees get paid. Some of those state workers are the ones who process payrolls. ==
ding ding, they process a lot of out going payments that would stop

For repeating payments with continuing appropriations (like pensions and legislative payroll), they could just order the banks to keep using the previous month’s payment file.

Comment by RNUG Friday, Apr 15, 16 @ 11:19 am
State workers are not getting full pay and Step increases

Comment by Anonymous Friday, Apr 15, 16 @ 11:24 am
I wish they would still get paychecks. I also wish I could change the Constitution to my preferences. Only in Illinois do wishes come true and write checks….

Comment by Curious Friday, Apr 15, 16 @ 11:26 am
I am not condoning the way Rauner has be doing things for the last 10 months, but I am giving him kudos for butting heads with Madigan. Madigan has been in control for far too long. Something has needed done in this state for many years, but previous governors have always turned tail and gave into Madigan. What I don’t understand how everyone consistently pegs Rauner as the bad seed; I mean I don’t agree with the tactics, but something has to change. I say again, Madigan has been running this state for 30 years, why doesn’t anyone see that. No I am not a Rauner fan, nor am I Madigan fan, quite the opposite. I feel that both of them need to be locked in a rubber room and lashed with a wet noodle until they both get down off of their power struggle missions and do what is right for ALL the people in Illinois, create a balanced budget, make reforms and start to road to a better place. Good ahead Willy, give it to me, I am sure you have something to say, especially since you tend to be one sided and not see the big picture. Oops there you go I opened up a slam from you.

Comment by Digity Friday, Apr 15, 16 @ 11:30 am
Better get a decision quick, before you need 36 and 71 votes to do anything on a budget.

Comment by Langhorne Friday, Apr 15, 16 @ 11:40 am
==I would hate to see a Government shutdown though. Folks to depend on services would be hurt as well as all the hard working and dedicated people who work for the state.==

There are lots of people currently not getting services they depend on, because those services were provided by social service agencies who no longer exist, or can’t afford to provide the services. Not enough voters seem to care yet.

So, it’s going to take stopping the mainstream services such as FOID cards, Plates, DLs, IDs, parks actually being closed, etc. for people to notice.

I said the following the other day: Why should I, as a state worker, get paid when no one else is.

Comment by thoughts matter Friday, Apr 15, 16 @ 11:41 am
- - The Dude Abides - “However he’s ok for paying the employees even though there has been no bill passed appropriating money to pay them”.-

There was a bill passed to appropriate state workers’ pay. The Governor vetoed it.

Comment by Bull Moose Friday, Apr 15, 16 @ 11:45 am
Conservatives usually argue that we should follow the constitution. Except when they don’t like what it says.

Comment by anon Friday, Apr 15, 16 @ 11:54 am
=There are plenty of reasons to dislike Lisa Madigan in her own right. If all you’ve got is that she’s her father’s daughter, you’re as ignorant as you are lazy.=

+ 1! Thank You.

Comment by Qui Tam Friday, Apr 15, 16 @ 11:58 am
”
- anon - Friday, Apr 15, 16 @ 11:54 am:

Conservatives usually argue that we should follow the constitution. Except when they don’t like what it says.”

No true, that sounds like both sides

I am an independent conservative union supporter who doesn’t like Rauner and supports the constitution.

Comment by Anonymous Friday, Apr 15, 16 @ 12:21 pm
Rauner has been entrenched for nearly a year, enabled by the court decisions that allow the government to function just enough to stave off a revolution. A total shutdown would put enough pressure on the rank and file republican legislators to force a compromise that rauner cant block.

Comment by relocated Friday, Apr 15, 16 @ 12:32 pm
My guess is this full government shutdown is exactly what Rauner wants, but he isn’t saying it publicly. He can continue to veto the bills from the legislature and put it entirely on them to pass and override their irresponsible, unbalanced budget. He gets off still saying he didn’t sign the unbalanced budget, it was the Dems who continued the unfunded spending.

Comment by Anonymous Friday, Apr 15, 16 @ 1:19 pm
“… but he isn’t saying it publicly.”

Oh yes he is saying it publicly.

Comment by Huh? Friday, Apr 15, 16 @ 2:44 pm
Courts only decide issues presented to them. If the AG decides to try to stop paying state workers, it’s because she has made the decision to go that route and wants it to happen. Otherwise, don’t go to court. As for the suggestion above that state workers won’t mind if she does go to court over this to stop their pay, we’ll see about that…

Comment by Ron Burgundy Friday, Apr 15, 16 @ 3:17 pm
IPI-champion of the state employee.
Strange days indeed.
Most peculiar Mama.

Comment by efudd Friday, Apr 15, 16 @ 3:51 pm
==My guess is this full government shutdown is exactly what Rauner wants==

Do you think a government shutdown adds more pressure on Rauner or Madigan?

Rauner does not want a government shutdown. His lawyers actually helped with the earlier cases to continue paying state workers. A shutdown pressures Rauner, which helps Madigan.

Comment by Formerly Known As... Friday, Apr 15, 16 @ 4:07 pm
–As for the suggestion above that state workers won’t mind if she does go to court over this to stop their pay, we’ll see about that…–

We will see but the ones I’ve spoken to in the last few weeks view it as unpleasant but necessary kind of like a root canal. Of course no one sees it extending very long either
That may make a difference. Most seem to believe it’s all on Bruce and his overtures are bull dung. But yes we will see. I’d bet the house R’s fold like a cheap suit.

Comment by Mason born Friday, Apr 15, 16 @ 4:21 pm