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Maybe somebody ought to design a “Free the CMS 2″ t-shirt * Updated x1 *

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The state’s case against Dawn DeFraties and Michael Casey crumbled again today. [Emphasis added]

A man who said he handled some applications for Illinois state jobs more speedily than others testified today that there are no laws or state rules against the shortcuts he took.

Marc Longmeyer testified for the state in the case of Dawn DeFraties and Michael Casey. […]

He kept a log of applications that came from DeFraties’ office and testified he gave them special treatment.

But on cross-examination, Longmeyer acknowledged there are no rules against any of the actions he took on the applications.

And…

Marc Longmeyer, a test supervisor with the agency, also said he often placed a date stamp on job applications the same day he awarded a grade to them, making it appear the applications were received and graded on the same day.

This is a state witness? Didn’t the governor’s lawyers ask him any questions beforehand so they knew what he would say under cross examination? What kind of a kangaroo court are they running over there anyway?

*** UPDATE *** Ugh. It gets even worse. The AP just sent out an updated, longer version of its original story and Longmeyer’s testimony undercuts the state’s case yet again…

[Longmeyer] also said neither DeFraties nor Casey ever told him to do those things, though in some cases, he said, his supervisor or someone who worked for DeFraties told him to do them.

In fact, Longmeyer acknowledged that after he graded some applications, he marked them “rush” and was told to stop when Casey found out.

“You got specifically told, ‘Don’t do that,’ and that order came from Mike Casey, didn’t it?” Draper asked. Longmeyer said that was correct.

And what about the log he kept of applications that came from DeFraties’ office?

Longmeyer said he doesn’t have his original copy of the log - the FBI took that as part of a federal investigation of Blagojevich administration hiring practices.

In the federal investigation of Chicago’s hiring practices, the feds used testimony from personnel directors like DeFraties to convict Mayor Daley’s former patronage chief Robert Sorich - a guy who “recommended” that the personnel directors hire politically connected people.

By the way, this makes two state witnesses who have testified that there are no rules against expediting job applications at CMS.

posted by Rich Miller
Thursday, Feb 15, 07 @ 1:38 pm

Comments

What kind of a kangaroo court are they running over there anyway?

Answer: The kind that shouldn’t be. The Governor’s office and or CMS should be represented by the Illinois Attorney General and not outside lawyers.

However, this is a direct result of malfeasance and corruption. It’s hard to dot all you i’s and cross all of your t’s when you are lying and your lawyers are putting on unethical defenses.

Bottomline, the lawyers for the state are digging a whole for themselves and further adding to the Federal gov’t case against the Blagojevich administration.

In lamens terms, “yall keep it rockin over there so that Michael Casey and Dawn Defraties can have this nightmare put to rest and their employment reinstated next week and then indictments roll”.

If you’re right and you fight, you’ll eventually win!

Comment by One_Mcmad Thursday, Feb 15, 07 @ 1:44 pm
Rich:

Is Winston & Strawn handling this for the Gov’s office? If so, who is lead counsel?

Comment by one of the 35 Thursday, Feb 15, 07 @ 1:57 pm
To one of the 35:

This case is being heard at the Civil Service Commission, not in court. The administrative law judges are lawyers, but not really “judges” the same way judges in court are either elected or appointed by the President with Senate approval. The lawyers representing the Gov is likely just his Office of Legal Counsel folks. The law firm handling the Gov’s fed case is Shiff Hardin, not Winston and Strawn. I don’t know if they are involved here, and if so, they are technically consultants to the Gov’s Office of Legal Counsel but it’s still the OLC’s case.

Comment by Bebe Thursday, Feb 15, 07 @ 2:22 pm
Isn’t it so obvious now, hopefully DD’s integrity will make some headlines too.

Comment by anon Thursday, Feb 15, 07 @ 2:24 pm
Bebe: When the Civil Service Commission heard my case, the Governor’s office was represented by Winston & Strawn; not the Gov’s legal staff. I was deposed by Michael Brody, lead counsel. The governor’s legal office was no where near the administrative review process.

Comment by one of the 35 Thursday, Feb 15, 07 @ 2:51 pm
Yikes! Just Yikes! Is the poor ALJ Civil Service or an exempt position? That’s not a job I’d want.

Comment by Still Anon Thursday, Feb 15, 07 @ 2:53 pm
One one the 35 is correct, with one exception.
The Gov’s legal council, Tom Londrigan, was approving (or not approving) decisions & actions taken by Winston & Strawn. As I am sure the Gov’s legal council is doing now.

Michael Brody stated on several occasions & made it clear that he was being directed by the Gov’s office.

Once again it is becoming clear the Gov’s office is using these people to promote himself as ethical…yet once again their own action prove otherwise. Some one will be in VERY big trouble when the feds are ready to file… It surely will not be the two they are trying to lynch now.

Comment by Larry Mulholland Thursday, Feb 15, 07 @ 3:10 pm
AS I’ve been saying….the state should have settled this.

The state of Illinois personnel regs and practices are an Alice in Wonderland thicket of loopholes and exemptions among which wander employees of the moment with varying motivations and competence. And it would be virtually impossible to either straighten it out or hold anybody accountable for straying down what might appear to be a wrong path (but likely will turn out not to be wrong, exactly…)

Comment by Cassandra Thursday, Feb 15, 07 @ 4:02 pm
“No Rules” That about sums everything up for the past 4+ years.

Comment by Retrograde Thursday, Feb 15, 07 @ 4:10 pm
Enforcing the absolute integrity of the examination process is the key to a valid personnel system that achieves qualified employees in the state workforce. A close second is the selection of an applicant being from a structured eligible list ensuring qualifying for the job and strict adherence to merit principles. This all was purposely violated by the Edgar and Thompson administrations and perpetuated by the current administration. Applications are submitted and the political hack mandates a qualifying grade regardless of abilities/credentials/experience. This totally prostitutes the process. This is where the “reform” needs to happen. The legitimate personnel process allows for selection and placement of “your guy” if that candidate is first legitamately qualified. Also it should be noted that Veterans Preference is now absolute. Moving jobs on paper to non vet eligible list counties should be a violation of law and prosecutable. Similar “shenanagins” should be illegal. There is the law and there is the spirit of the law. Intent should be in the hands of honorable administrators. Not too many around in this admin. nor were there in the Edgar Thompson admins. Perhaps the personnel process should be administered outside of the Executive Branch?

Comment by A Citizen Thursday, Feb 15, 07 @ 5:37 pm
Shoot, I think somebody could create T-SHIRTS for all of the state’s departments. IDNR, DHS, IDOC,ect…If they want to investigate illegal hiring, goto choate mental health, menard C.C., Chester mental health, Alton mental health, Murry center, Pinckneyville C.C , Big Muddy C.C…Shall i continue

Comment by ironman Thursday, Feb 15, 07 @ 6:03 pm
Isn’t there a lawyer adage that goes along the lines of “Never ask a question that you don’t know the answer beforehand.”

Not knowing anymore that what I read in the papers, I have to wonder if the lawyers for the State are fresh out of law school and were at the bottom end of the grade point average.

Comment by Huh? Thursday, Feb 15, 07 @ 7:01 pm
…”if the lawyers for the State are fresh out of law school and were at the bottom end of the grade point average.” Never underestimate the power of hack patronage - little else need be said. Live by the patronage sword, die . . . !

Comment by A Citizen Thursday, Feb 15, 07 @ 7:10 pm
How does the Governor and his staff plan to repair the damage they have done to the reputations of these two upstanding people? This is the arrogance of government (and this governor) at its worst.

After this tremendously bungled performance by the Governor’s lawyers, coupled with the fact that any lay person can determine that Defraties and Casey are absolutely innocent, if the Civil Service Commission actually has the gall to rule against these two, then the public will know how corruption truly permeates this administration.

This is the Governor’s ALJ. This is the Governor’s Civil Service Commission. THESE ARE THE GOVERNOR’S WITNESSES!!! If Civil Service rules against DD and MC, then one can only conclude that it is Engineer Blago heading up this railroad job.

I agree with one_mcmad “If you’re right and you fight, eventually you will win!”

Civil Service should free the CMS Two before more of our state tax dollars are spent in circuit, appellate and supreme court only to prove Defraties and Casey correct!

Comment by Abby Spout-n-off Thursday, Feb 15, 07 @ 7:54 pm
To the person I just deleted, did you not see the admonishment in the RED LETTERS about “excessively rabid comments”? Take a deep breath or take it somewhere else, please.

Comment by Rich Miller Thursday, Feb 15, 07 @ 8:34 pm
I’m thinking that Blago’s law school buddies are working on the commission. You know, the type of people who would cheat off of Blago’s tests, papers etc.

Comment by Papa Legba Thursday, Feb 15, 07 @ 9:52 pm
Maybe the Governor’s lawyers are purposely tanking this case. Then the Governor can say that his personnel office has withstood the scrutiny of a public administrative hearing and no wrong-doing was found.

Comment by Anonymous Thursday, Feb 15, 07 @ 10:14 pm
10:12 you might be right.

It’s alot like the Plame affair, in which the truly guilty parties must not be punished, because they are the sovereign himselves.

Too bad that about as many people paying attention to this case are paying attention to the Libby case.

Comment by Quizzical Thursday, Feb 15, 07 @ 10:48 pm
Could be the t-shirt slogan.

What does the state constitution say about impeachment proceedings, anyhow? Who can initiate it and how hard is it to do?

Comment by See A Mess Thursday, Feb 15, 07 @ 11:07 pm
The bar is pretty high, especially for a governor whose party has a veto proof majority in one house of the GA.

SECTION 14. IMPEACHMENT

The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.

(Source: Illinois Constitution.)

Comment by Six Degrees of Separation Friday, Feb 16, 07 @ 12:22 am
What I don’t understand is why the Inspector General didn’t ask these people these questions before they wrote their “ferreting out evil” report and sent it into the governor’s office. If one were truly investigating something, wouldn’t you start with some of the very basics, like checking out if there was a rule against it? What is up with that? Classic example of why people keep saying not to go to the inspector general’s office. They either do nothing, run cover or help the administration run the wrong people up the flagpole. What a waste of taxpayer money. Maybe whoever did this “investigation” should be fired or at the very least reassigned to answering phones or something they maybe can handle.

Comment by Anonymous Friday, Feb 16, 07 @ 5:27 am
10:14PM, you may be on to something?

The 2 employees were fired for basically the same things that the US Attorney and FBI are investigating (hiring practices). So, if the State loses this case, then the Civil Service Comm. would be saying that the phiring practices were legal.
At that point what case does the US Att./FBI have? Blago probably wouldn’t even appeal. Leave the CSC decision intact and say see we told you, the system works.

Comment by Really? Friday, Feb 16, 07 @ 8:01 am
I think teh conpsirracy theroist are giving WAY to much credibility to the Gov’s office. WAY TOO MUCH!

These people were thrown under the bus becuase they were not playing ball with the Governor when attempting to place his people. At teh same time the FEDS were building a case of illegal hiring “directed by the Governor’s office” i”e endemic hiring fraud”.

As a knee jerk reaction prior to the election Blago fired some people accussed those two of what “hiring fraud” and publically fired them. It was doen to generate positve press for the election. Just as teh frist thirty five were fired to generate press and spin the stories to make blago look ethical do gooder

Comment by Larry Mulholland Friday, Feb 16, 07 @ 8:36 am
Governorâ€™s Civil Service Commission, how many members are there? Who are they? By the way, isn’t the Governor’s babysitter sitting on the Governorâ€™s Civil Service Commission?
If so, the media should get her thoughts on all this ……

Comment by Nature of Theater Friday, Feb 16, 07 @ 9:02 am
Rich,
This is what interns are for. Have him make the shirt and get his grad student friends to distribute it. This is not an unfamiliar process to someone like you. You can run a t-shirt caption contest here and its done. i will buy ten and give them as gifts to those who suffer under blago the idiot. you have the means and the market and the promational website. satirical political t-shirts miller. who is more qualified than you. get some obama material that is endearing and funny and you retire from writing about all this sludge.

Comment by serendipity Friday, Feb 16, 07 @ 9:14 am
Can’t wait to see what the Commission rules. If they win there, as stacked as the gov has it, that would say a lot. I’m not gonna hold my breath for it, though.

Comment by anxious to see Friday, Feb 16, 07 @ 11:56 am
I was directly involved in one of the OEIG’s investigations of hiring practices. What I saw play out is very similiar to what I’m seeing in this CMS case. First and foremost, they had a prosecutor’s mentality and were serious about getting rid of “bad” employees. Unfortunately, they started by getting secret testimony from people with personal and political agendas. Then to make matters worse, they didn’t understand the details and wanted people fired for issues that were not violations of the rules or did not warrant termination. They would simply say “fire them” regardless of the realities of the union and civil service protection.

Comment by Anonymous with experience Friday, Feb 16, 07 @ 2:18 pm
What you describe is a denial of due process and an illegal removal of their property rights in their employment. Over zealous pseudo prosecutor types like this will cost the taxpayers millions by the time all of the lawsuits are processed, the lawyers paid and the employees “made whole”. This kind of blatantly political malfeasance is totally unacceptable. And that they act under the guise of ethical reform is just disgusting. All obfuscated under the veil of perception is reality. Perhaps some real official prosecutors will direct their investigation and prosecution toward the phony administration’s “investigators”.

Comment by A Citizen Friday, Feb 16, 07 @ 5:29 pm