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* Gov. Rauner visited the SJ-R editorial board yesterday…
Rauner said it is “fundamentally wrong” that some people are arguing that state employees not get paid even though they are on the job every day. Attorney General Lisa Madigan is seeking to dissolve a court order that said workers would get paid even without a state budget in place. The state Supreme Court ruled last year in another case that workers cannot get paid without an appropriation approved by the legislature. […]
Still, Rauner said, “[State legislators] get paid no matter what. And they work part time And many would argue they’re not really doing their jobs, but they made sure they get paid no matter what.”
Rauner said that even if the order is dissolved, Comptroller Susana Mendoza should continue to pay workers.
“It is not right to cut off state employee pay when they are working,” he said.
OK, first of all, state employees won’t be working if they aren’t being paid. You can’t force someone to work without paying them. Google: “1865.”
And if Comptroller Mendoza paid state bills without an appropriation or a court order, she could be impeached. But what does the governor think? Should she pay the social service groups that have contracts but no line items? He apparently hasn’t yet been asked that question. But he was asked this…
Asked if human services programs and higher education should also be put under a continuing appropriation to ensure they will be paid without a budget, Rauner said only, “There are many things that get continuing appropriations.”
Great answer. /s
posted by Rich Miller
Tuesday, Feb 7, 17 @ 9:54 am
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Rauner cares so much about state workers that he demands that the Comptoller break the law and pay them. Yet he cares so little about state workers that he’s defied the Constitution and never proposed a budget to pay them, and vetoed the bills that would have paid them.
Comment by c'mon, man Tuesday, Feb 7, 17 @ 10:02 am
Just more proof that Ruiner wants AFSCME to take the blame for a state work stoppage.
Comment by I Miss Blago Tuesday, Feb 7, 17 @ 10:03 am
Rich-
You’re typically pretty balanced in your posts, but this one feels very one-sided to me. AG Madigan (and Mendoza cheering behind her) used a transparently political tactic, and Rainer responds here in kind. Now if you’d said that they are all a bunch of losers putting politics ahead of policy I’d agree with you.
Comment by Anonymous Tuesday, Feb 7, 17 @ 10:05 am
Rauner is picking the hostages and the fallout for Rauner is “requiring” the sitting Constitutionally prescribed and elected to break HER oath and pay state workers…
… all the while crushing social services, purposely, mind you, because those hostages continue to blame “both sides” and Rauner feels crushing them will get rid of the ones he sees as useless, except for The Ounce.
Right? Exactly right.
If Mendoza really had the best interest of the state in mind and actually cared about her oath, Mendoza would immediately pay lawmakers, on time, and release this statement.
“As the governor continues to want the Conptroller’s Office to pay state workers, and force me to break my Oath, I will start paying legislators on time again, as prescribed constitutionally and statutory.
If the governor wants to call me out in the Constitution, he need not look farther than Article VII, Section 2, (a), and Governor Rauner can pick and choose which legislators earn or don’t earn their pay with his $50 million parked in his campaign account.
I was elected to do a job and I swore to uphold the Constitution. It’s disappointing the state’s Executive wastes so much time promoting unconstitutional moves for blatant political motives.
Propose a Budget, Governor.”
Enough is enough here. Push back again and again.
Comment by Oswego Willy Tuesday, Feb 7, 17 @ 10:05 am
Rauner said only, “There are many things that get continuing appropriations.”
And, there are many things that aren’t and haven’t been. WGLT has been doing a series on “Stretched Thinner”: “During our interview series Stretched Thin, we reported on the impact of the state budget impasse on local social service agencies That was in spring of 2016. There’s still no budget. In our new series Stretched Thinner, we check back in with those social service agencies.”
http://wglt.org/post/stretched-thinner-social-
service-cuts-makes-director-quite-angry
Comment by Anon221 Tuesday, Feb 7, 17 @ 10:05 am
He wants what’s best for him, as always. He cannot pin this on Union greed. His ineptitude is showing more daily.
Comment by August Spies Tuesday, Feb 7, 17 @ 10:06 am
I dunno why my phone is obsessed with “VII”
It’s VIII. Ugh.
Apologies.
Comment by Oswego Willy Tuesday, Feb 7, 17 @ 10:08 am
Look, this is a huge fear for me. Last time we were looking at this under Munger (not getting paid), I was told by my boss to “come to work, because you will eventually be paid.” Now you can say 1865 all you want but I actually had a boss tell me to show up for work. Just last week I had a supervisor tell me that we have to come to work till the first paycheck is missed THEN we can walk off. Thus after two weeks of working without pay we can walk off. I’m not lying or trying to spread misinformation like JT. I’m telling you this is what’s going to happen. It’s super easy for people NOT involved to say “nobody can force you”. Well I’m here to tell you that fear of getting fired will get a lot folks to work.
I hope you’ll let this comment post Rich.
Rauner needs to put out a statement saying that if there is no appropriation there should be no one coming to work. FULL STOP
Comment by Honeybear Tuesday, Feb 7, 17 @ 10:09 am
You can see why the governor doesn’t often put himself in a position for follow-up questions.
But his continued endorsement of paying state employees without an approp. or a court order isn’t a gaffe, it’s his position. His lawless, unconstitutional position.
The chief executive who “shall be responsible for the faithful execution of the laws” is expressly promoting the illegal expenditure of billions in taxpayer dollars.
He paid a lot to take over state government, it’s his toy and he’ll break it if he wants to.
After that, he’ll get another toy and the rest of us will pick up the pieces.
Comment by wordslinger Tuesday, Feb 7, 17 @ 10:10 am
Didn’t he take the oath with the wrong hand to uphold the constitution and had his fingers crossed too
Comment by Rabid Tuesday, Feb 7, 17 @ 10:16 am
“Rauner said it is “fundamentally wrong” that some people are arguing that state employees not get paid even though they are on the job every day.”
That he assumes state workers would or should show up for work if the court sides with the AG is telling.
Comment by Nick Name Tuesday, Feb 7, 17 @ 10:22 am
Rauner can insist on whatever he wants. The only people listening to him are Republicans who are scared of his money going against them. That simply won’t last much longer because the people will turn against them.
Rauner is quickly becoming less and less powerful the closer we get to 2018.
Comment by John Tuesday, Feb 7, 17 @ 10:24 am
Amazing how many deputy governors and overpaid consultants it took to get Rauner to this level of failure.
Comment by GOPgal Tuesday, Feb 7, 17 @ 10:26 am
===but this one feels very one-sided to me===
It’s meant to be. Do you really want the comptroller paying people without an appropriation or court order? Seriously?
Comment by Rich Miller Tuesday, Feb 7, 17 @ 10:28 am
Why should we be surprised? Bust-out artists rarely follow the law, unless it is hiding behind the bankruptcy laws.
Comment by RNUG Tuesday, Feb 7, 17 @ 10:32 am
My agency was also told in late June 2015 that we were required to report to work even if paychecks were going to be delayed. Then the court order to pay us happened.
Comment by Thoughts Matter Tuesday, Feb 7, 17 @ 10:32 am
The last I checked, the GA hasn’t been paid in seven months. So that is a rather misleading comparison on the Governor’s part. And they have been working, just perhaps not on what the Governor wants them to work on.
Comment by A Jack Tuesday, Feb 7, 17 @ 10:35 am
===Asked if human services programs and higher education should also be put under a continuing appropriation to ensure they will be paid without a budget…===
Continuing Appropriations are your words, OK! I was just using your words! Next!
Comment by PublicServant Tuesday, Feb 7, 17 @ 10:37 am
I am fairly sure he doesn’t really care about AFSCME members getting paid. He is likely worried about ck, Lance, and now Munger.
Comment by A Jack Tuesday, Feb 7, 17 @ 10:38 am
===That simply won’t last much longer because the people will turn against them.
Rauner is quickly becoming less and less powerful the closer we get to 2018===
I doubt that. It’s tough to take on a seated governor. Even harder with a seated governor sitting on $50 million too.
No one is going to turn on Rauner, and the voters are inundated with Jib-Jab videos and “ck” Word Jumbles to protect Rauner, abc it’s been working.
As upside down Rauner is with voters, can’t beat someone with no one, and Rauner’s $50 million is the market right now for “someone”
Comment by Oswego Willy Tuesday, Feb 7, 17 @ 10:39 am
Rauner is beginning to show signs of fraying. His idea that he holds any sway with Mendoza highlights it. As I hear him going frantic and see what appears to be weight loss I am reminded of Captain Queeg. Only a matter of time before he starts counting strawberries.
Comment by wondering Tuesday, Feb 7, 17 @ 10:44 am
“Fundamentally wrong”
Telling the comptroller to violate the constitution is what is fundamentally wrong.
Comment by Langhorne Tuesday, Feb 7, 17 @ 10:45 am
===Is there any legal way we can get this buffoon out of office before 2018?===
If you are even in the parking lot of the ball park of being serious, you’d need members, Raunerite members to sign off on any procedure of removal.
That won’t happen. No way, no how, not possible.
With respect.
Comment by Oswego Willy Tuesday, Feb 7, 17 @ 10:51 am
@Honeybear- I genuinely feel for you and your co-workers. You have done nothing wrong and are caught in the middle of what is obviously game playing by he rich and powerful.
It is cavalier for some (me included) to say don’t go to work and shut it down. I feel embarrassed about that and you have my sincere apologies.
While AG Madigan’s actions may finally force needed compromise and a budget, much less real solutions there are real people who are being hurt due in no part to their actions. As always Honeybear puts a human face on what is happening and I appreciate the lesson.
Comment by JS Mill Tuesday, Feb 7, 17 @ 10:55 am
HB’s post raises a point-should it come down that workers cannot be paid, let’s hope that either the court or the AG elucidate what the process will be going forward. JT will likely exhort workers to show up, and without clear guidance as to the situation, many will do so for fear of penalties/termination.
Comment by Stuck on the 3rd Floor Tuesday, Feb 7, 17 @ 11:03 am
With no contract and no appropriation, AFSCME are just unpaid volunteers if they go to work after March 1 and the pay order is vacated. There is no legal authority to pay and no binding contract that AFSCME can bring suit against. I would not trust this Governor to pay AFSCME employees unless he signs a personal promissory note against his millions.
Comment by A Jack Tuesday, Feb 7, 17 @ 11:08 am
>Rauner said only, “There are many things that get continuing appropriations.”
Quotes like this are going to ruin the movie “Being There” for me. It will no longer seem satirical.
Comment by Earnest Tuesday, Feb 7, 17 @ 11:30 am
== I would not trust this Governor to pay AFSCME employees unless he signs a personal promissory note against his millions. ==
Maybe not even then.
Comment by RNUG Tuesday, Feb 7, 17 @ 12:14 pm
Honest question… Are there no consequences for a sitting Governor to instructing a constitutional officer to violate the Constitution?
Comment by Anon Tuesday, Feb 7, 17 @ 12:20 pm
===Just more proof that Ruiner wants AFSCME to take the blame for a state work stoppage.===
Respectfully, this particular messaging is Rauner’s way of blaming the Comptroller for a work stoppage. He would place the blame on AFSCME for a strike but he knows a shutdown can’t be blamed on State workers so he’ll try to pin it on the Comptroller for not paying workers despite the unconstitutionality of it. He counts heavily on misinformation and disinformation to place blame on anyone but himself.
Comment by Cubs in '16 Tuesday, Feb 7, 17 @ 12:36 pm
A 6′5″ governor attacking a 5′2″ comptroller every day is what I call “punching down,” never a good idea when you are chief executive.
Plus, every time Rauner blames the budget mess on Mendoza, he diminishes his only defense: he’s only been here two years.
Lastly, given how upside down his numbers are, it probably helps her every time he lashes out.
I just don’t see much upside to this messaging.
Comment by Free Set of Steak Knives Tuesday, Feb 7, 17 @ 12:41 pm
In the scenario where state employee paychecks were indefinitely delayed (but workers were still amassing IOUs), workers could take accrued leave time as a protest if they wanted, but if they didn’t have any leave time saved up, I don’t see how they could expect to stay home and then still get paid later for those days. If you need the cash, seems like a dumb move (unless you have an alternate way to earn side cash away from the office). Moreover, some bosses (who also won’t be getting paid), might be sympathetic, but you can’t just stay home without clearing it with your boss first and not expect to suffer any discipline.
Maybe there’s some legal ins & outs I’m not appreciating. I’m a state government worker who is not part of a union; maybe union employees have special rights.
Comment by Purple Bear Tuesday, Feb 7, 17 @ 1:02 pm
I don’t think the state can force (or even allow) the employees to work if the court order is lifted. The whole basis of the court order requiring payment of employees not covered by a consent decree is that federal labor law requires the state to pay. If the basis for lifting that order is that state law prohibits payment without an appropriation, the only way the court can reconcile federal and state laws is to conclude that the employees cannot work when there is no appropriation to allow them to be paid. If this analysis is correct, they cannot (as Honeybear reports) tell workers they have to show up until the first paycheck is missed, because once they do show up for work, federal law (i.e., the supreme law of the land) requires payment.
Comment by Whatever Tuesday, Feb 7, 17 @ 4:51 pm
STATE WORKERS! PROTECT YOURSELF!
1) Secure your wallet. Join a bank that will help you through this.
https://www.illinois.gov/cms/Employees/pga/SitePages/PGALoans.aspx
2) Find or make a Lawyer friend who will help you out. If your boss says come in if the court order is vacated, then GET IT IN WRITING! Then get ready for your 13th amendment battle.
3) Start forming groups with your coworkers. Be open about your financial challenges and try to figure out how to help each other. The bonding will do you good even if it’s just a whine session. But try to push towards action plans.
THE GOVERNMENT MUST SURVIVE. WE STATE WORKERS ARE THE GOVERNMENT. DON’T LET THE GOVERNMENT FALL BECAUSE WE DIDN’T PROTECT OURSELVES.
Comment by Honeybear Wednesday, Feb 8, 17 @ 7:18 am
Like honeybear I have been told that I will eventually be paid. To comply with federal labor laws anyone considered essential has to be paid federal minimum wage. If no approp to pay us then how can they pay the Fed minimum wage required to those essential. So one can they basically say Iou to the essential staff or are they required to pay them on time. Two if required to pay on time how can they with no approp? Does anyone know if this means that the state will have to shut down all together or if we show up we will get paid eventually or are we just donating our time?
Comment by No one knows Wednesday, Feb 8, 17 @ 8:48 am