Capitol Fax.com - Your Illinois News Radar

* UPDATED x1 - AG Madigan responds * Rauner files motion in employee payroll case

Posted in:

Illinois
Updated Posts

[Bumped up from last night for visibility purposes.]

* Press release…

Governor Bruce Rauner’s administration today filed an opposition to the Attorney General’s irresponsible attempt to cut off paychecks for hardworking state employees.

“As we explain in our opposition, federal and state law requirements support continuing the Court’s July 2015 order that would ensure that state employees receive the paychecks they have earned,” said Dennis Murashko, General Counsel to the Governor. “Instead of fighting to cut off employee pay in the middle of the Senate’s work on passing a balanced budget with changes to the system, the Attorney General should become a productive partner in the process.”

Former Comptroller Leslie Munger retained her own counsel to fight vigorously for state employees to continue being paid for the work they do. Comptroller Mendoza has taken a different path, abdicating her responsibility to fight for state employees.

Our administration unequivocally stands with state employees. Last week, Governor Rauner sent a video message to state employees reiterating his dedication to ensuring they continue to be paid for their work. We continue to call on the Attorney General to abandon her quest to deprive Illinois state workers of their hard-earned wages.

* This is kind of an odd legal filing. Check it out…

Although the Attorney General focuses exclusively on the appropriations process, numerous other legal grounds support paying state employees in the absence of specific appropriations for state employee payroll. As described below, federal law requires the State to pay its employees under the Fair Labor Standards Act, superseding state law. In addition, roughly eighty federal court consent decrees direct the State to perform a wide range of services, which tens of thousands of state employees must be paid to provide. Next, state employees must be able to protect the health, safety, and welfare (including the economic well-being) of the people under the State’s police powers. And finally, numerous legislatively-enacted commands mandate that state agencies perform a wide variety of services and functions, operating as a continuing appropriation of all funds necessary to provide them. Thus, even if the Attorney General could demonstrate that no specific appropriations existed to pay state employees (a factual matter that the Attorney General simply assumes to be true), the Attorney General would be required (but completely fails) to specify which employees’ pay can be stopped despite the above legal grounds for paying them.

Notice the incredibly broad police powers claimed in this filing. Even if AG Madigan wins this motion, they’re going to fight like heck to keep every possible function operating.

* More…

For these reasons, or any combination of them, the Attorney General has not met her burden to upset the status quo requiring that state employees continue to be paid in full. This Court should therefore continue its July 2015 Order. In the alternative, this Court should reject the Attorney General’s invitation to create an artificial emergency and instead should continue its July 2015 Order until such time as it can oversee the fact-specific inquiry necessary to determine which state services must be provided. In the event that the Court elects to follow this course, the Attorney General should explain which employees she believes must be deprived of a paycheck and which services she believes should no longer be provided to the people of this State.

And now they want to put the burden on the attorney general to decide who should and shouldn’t be paid?

Clever.

*** UPDATE *** The Tribune has the AG’s react…

Madigan spokeswoman Maura Possley said Rauner “is asking the court to relieve him of his responsibility to ever sign a budget covering the state employee payroll.”

“The governor should do his job instead of asking the court to do it for him,” she added.

posted by Rich Miller
Wednesday, Feb 15, 17 @ 1:03 am

Comments

===…the Attorney General should explain which employees she believes must be deprived of a paycheck and which services she believes should no longer be provided to the people of this State.===

Even in court filings…

Rauner has no desire to be a governor.

How pathetic.

Comment by Oswego Willy Tuesday, Feb 14, 17 @ 6:13 pm
On one hand the Governor is arguing the Attorney General should decide who gets paid and who doesn’t, and on the other he’s arguing he has the authority to pay employees because of his supreme authority, police powers, consent decrees, and continuing appropriations.

If he believes this is the law, he could be paying everyone who has provided services. Why isn’t he paying providers and social service agencies? Where’s the crisis?

Comment by badabum Tuesday, Feb 14, 17 @ 6:18 pm
–For these reasons, or any combination of them, the Attorney General has not met her burden to upset the status quo requiring that state employees continue to be paid in full.–

Bruce Rauner, defender of the status quo.

See you in court.

Comment by wordslinger Tuesday, Feb 14, 17 @ 6:20 pm
Complete abdication of any role in actually governing, but they do some interesting questions.

I don’t see an answer by the Governor / State to the question the court asked in 2015: can the State (not the AG) identify just the essential employees that must be paid? It’s almost 2 years later; if the answer is no, I suspect the judge will not be happy, and unhappy judges can use whatever latitude they have against you.

Comment by RNUG Tuesday, Feb 14, 17 @ 6:26 pm
I look forward to an explanation as to why the state constitution requires that a budget be enacted . . . . .

Comment by Out Here In The Middle Tuesday, Feb 14, 17 @ 6:29 pm
–“Instead of fighting to cut off employee pay in the middle of the Senate’s work on passing a balanced budget with changes to the system, the Attorney General should become a productive partner in the process.”–

Is that a gag?

Rauner’s mouthpiece perhaps should review the Constitution and statutes when it comes to the responsibilities of the governor and the attorney general in regards to passing a budget and legislation.

I think Rauner is taking advantage of the looniness of the Trump White House. There’s not enough oxygen in the room to support paying attention to the crazy stuff from both of them.

Comment by wordslinger Tuesday, Feb 14, 17 @ 6:33 pm
Rauner is so desperate to not lose his leverage.

Comment by Saluki Matt Tuesday, Feb 14, 17 @ 6:33 pm
Wow, Rauner is scared.

So this is the pressure point.

Dems — please, please — amp it up.

Comment by Macbeth Tuesday, Feb 14, 17 @ 6:37 pm
===Former Comptroller Leslie Munger retained her own counsel to fight vigorously for state employees to continue being paid for the work they do. Comptroller Mendoza has taken a different path, abdicating her responsibility to fight for state employees.===

Shorter…

Munger never understood the constitution and budgets her whole 2 years. Mendoza seems to with pay and it makes Rauner upset.

Better.

Comment by Oswego Willy Tuesday, Feb 14, 17 @ 6:38 pm
Clever…hardly…more like how can we look like a fool today…bingo

Comment by Annonin' Tuesday, Feb 14, 17 @ 6:39 pm
“Our administration unequivocally stands with state employees.”

Then why has 1.4% negotiated draconian contracts with the employee unions and is actively trying to crush AFSCME?

Comment by Huh? Tuesday, Feb 14, 17 @ 6:40 pm
Clever indeed.

The prize awaiting the AG for winning this battle? She gets to decide who doesn’t get paid.

Comment by Cadillac Tuesday, Feb 14, 17 @ 7:17 pm
I’m pretty sure it’s an emergency for the little girl who almost lost the machine she needs to keep breathing even if it’s not an emergency to governor gridlock. He’s screaming like a little girl because his refusal to negotiate on the budget before the GA capitulates to his right wing nut fantasies will become front page when employees cannot be pais, and he can’t blame afscme for a strike. He needs to go. The sooner the better.

Comment by PublicServant Tuesday, Feb 14, 17 @ 7:19 pm
–Clever indeed.

The prize awaiting the AG for winning this battle? She gets to decide who doesn’t get paid.–

Says who? Based on what, the governor’s filing?

Strangely enough, in this country, you don’t get to be the defendant and the judge at the same time.

Comment by wordslinger Tuesday, Feb 14, 17 @ 7:25 pm
===The prize awaiting the AG for winning this battle? She gets to decide who doesn’t get paid.===

That’s what Rauner is pleading, if the AG prevails.

That has yet to be determined.

Comment by Oswego Willy Tuesday, Feb 14, 17 @ 7:29 pm
The state constitution prohibits payments without an appropriation. Federal law requires some employees to be paid for work they do. The only way you can comply with both laws is to send the employees home. Then the constitution says you can’t pay them and no law says you have to.

Comment by Whatever Tuesday, Feb 14, 17 @ 7:34 pm
=== - Oswego Willy - Tuesday, Feb 14, 17 @ 7:29 pm:

That has yet to be determined. ===

I assumed that - since the filing was today.

Comment by Cadillac Tuesday, Feb 14, 17 @ 7:36 pm
=== - Whatever - Tuesday, Feb 14, 17 @ 7:34 pm:

The only way you can comply with both laws is to send the employees home. ===

Everyone? There are zero essential employees?

Comment by Cadillac Tuesday, Feb 14, 17 @ 7:38 pm
I don’t know why he’s complaining. Even if there is a “No Pay” shut down, he gets to impose the contract when we get back! Oh wait, it’s because he knows ALL WORK STOPS FOR ALL EMPLOYEES! 13th amendment right? He can’t count on further destruction of the union through having economically strapped members cross the line to keep things going.

IT ALL SHUTS DOWN!

I smell a new scent for Rauner

Fear

Comment by Honeybear Tuesday, Feb 14, 17 @ 7:40 pm
Again though, this “no pay” shut down about all things will,

Drive away any superstars

Force retirements of veteran workers

Drive away the newer cheaper replacements

Send our credit right into the crapper

cripple all functions of the state, some irreparably.

The engine won’t start again folks.

He crushed the workforce.

Disabled workforce= Disabled state

Comment by Honeybear Tuesday, Feb 14, 17 @ 7:47 pm
===I assumed that - since the filing was today.===

So your drive-by is as useless as it was factual.

Ok, thanks.

Comment by Oswego Willy Tuesday, Feb 14, 17 @ 7:47 pm
Honeybear - as a state employee i’m not sure I see Madigans shutdown as a good thing for our contract. (although its clearly needed for a state budget)

My reasoning is that while a full shutdown will end with results… It could also leave employees without income for a week or two. So when that issue ends I feel like a lot of employees might be “too poor” to go on a strike shortly after the fact.

As a state employee how do you see that working out? I feel like it will increase the amount of line crossers, help me understand how i’m wrong.

Comment by Seats Tuesday, Feb 14, 17 @ 7:53 pm
If the AG prevails, the governor is going to need an appropriation, fast. He may even have to ask for one himself.

Comment by Anonymous Tuesday, Feb 14, 17 @ 8:08 pm
To Honeybear - (Sorry if this post multiple times it doesn’t seem to post)

I agree a shutdown is needed to speed up the balancing of a budget at this point. What i’m more interested in though is how you feel it will benefit state employees?

For example - if people are out of work because they can’t get paid for two weeks; won’t they be less financially able to go on a strike shortly afterwards, and as a result have an increased amount of line crossers?

Comment by Seats Tuesday, Feb 14, 17 @ 8:12 pm
OK, let’s play along and put everything related to the state’s “economic well-being” under the police powers argument as they claim here. Non-budget problem solved. Comptroller can pay any bill.

We go from the first state without a budget since WW2 to the first state that will never need a budget again.

Comment by peon Tuesday, Feb 14, 17 @ 8:18 pm
That “police powers” argument didn’t work so great when the state tried to use it to get around the Constitution on the pension liability.

What judge is not going to say, “you have the power to pass an appropriation, you goofs, that’s what you’re there for, now stop bothering us with your childish games.”

Comment by wordslinger Tuesday, Feb 14, 17 @ 8:25 pm
So BVR pay the DHS employees that got stiffed their 2% in 2011 at 7% interest, and pay all the providers, pay the health benefits you have been hoarding for two years to boost the economy, then raise your taxes on all of Illinois, and get back to Governorship of this state. Lead by example instead of trying to make AFSCME your scapegoat. Be a Leader.

Comment by Living it daily Tuesday, Feb 14, 17 @ 8:44 pm
Seats, I can answer that. If workers are locked out due to not being paid, that would show what would happen if there were a full-participation AFSCME strike. This state would grind to a screeching halt if that happened, and Rauner couldn’t put the blame on AFSCME.

Comment by Hottot Tuesday, Feb 14, 17 @ 8:45 pm
Rauner remains a complete and utter disappointment in every way. As many have noted above, he appears incapable of grasping the essentials of the role of the governor, i.e., to govern. If this wasn’t serious business it would be funny. But of course, it’s not funny.

Comment by Eddie Spaghetti Tuesday, Feb 14, 17 @ 8:52 pm
From my SRS newsletter-3,325 SERS members retired during FY2106. Too me, that says a lot!

Comment by Outta Here Tuesday, Feb 14, 17 @ 9:02 pm
Seems the “continuing” appropriation argument for state employee paychecks makes the most sense. However, it also begs the question of why do we need appropriations if court orders, non-appropriated spending accounts, continuing appropriations, etc. trump the appropriation process.

Comment by justacitizen Tuesday, Feb 14, 17 @ 9:58 pm
** Thus, even if the Attorney General could demonstrate that no specific appropriations existed to pay state employees (a factual matter that the Attorney General simply assumes to be true)**

What does this even mean? The AG “simply assumes to be true” the fact that there is no appropriations for state employee payroll. This is correct. Is the Governor implying that there is some secret appropriation that we don’t know about?

Comment by JoeMaddon Tuesday, Feb 14, 17 @ 10:12 pm
Team Rauner has a point…state operations must continue, the flip side to this is that Team Rauner is the only one that can provide a list of “essential” employees, so I suspect Ms. Madigan will soon be subpoenaing a list. Rauner’s argument may have some unintended consequences.

All in all I see the court agreeing that some, if not most, state operations have to keep functioning, and throw in the Federal minimum wage standards and we are back to the Court issuing the same ruling, essential workers must be paid at least the minimum wage, which last we heard was impossible with the existing systems in the Comptroller’s Office.

Comment by Swift Tuesday, Feb 14, 17 @ 10:19 pm
Blame is the game. Rauner has to pass the blame. Always has, always will. When it’s blamed on him, he backs down.

Comment by Anon Tuesday, Feb 14, 17 @ 10:38 pm
If the Rauner administration thought that there was a good chance to have a budget passed by the end of the month would they be fighting this so hard? I think the administration wants the no budget impasse to play out longer in hopes that they will get more of the reforms they desire if the pain endured by the state continues for a while longer. Employees losing their paychecks forces a quicker decision and loss of leverage. The Governor isn’t fighting for the employees, he’s made it quite clear during negotiations, or lack there of, how he values them. This is all about the leverage.

Comment by The Dude Abides Tuesday, Feb 14, 17 @ 11:13 pm
*From my SRS newsletter-3,325 SERS members retired during FY2106. Too me, that says a lot!*

Well, at least there will still be 3,325 employees for the State in 2105…last one to leave, turn out the lights (assuming the lights still work then).

Comment by Kippax Blue Wednesday, Feb 15, 17 @ 3:59 am
The govenor files an emotion. The lackadaisical govenor has ceded his authority to the general assembly and now the attorney general, sad

Comment by Rabid Wednesday, Feb 15, 17 @ 5:05 am
More abdication of responsibility. Get behind the Senate negotiations or be quiet. Thank you.

Comment by The_Equalizer Wednesday, Feb 15, 17 @ 7:46 am
Pulling together a few comments:

“Team Rauner has a point…state operations must continue, the flip side to this is that Team Rauner is the only one that can provide a list of “essential” employees, so I suspect Ms. Madigan will soon be subpoenaing a list.”

“I don’t see an answer by the Governor / State to the question the court asked in 2015: can the State (not the AG) identify just the essential employees that must be paid? It’s almost 2 years later; if the answer is no, I suspect the judge will not be happy, and unhappy judges can use whatever latitude they have against you.”

So unless you have that list ready…Congrats Bruce you just played yourself.

Comment by Dee Lay Wednesday, Feb 15, 17 @ 7:59 am
“there is some secret appropriation that we don’t know about?”

A double secret appropriation!

I’m sorry, I couldn’t resist.

Comment by Huh? Wednesday, Feb 15, 17 @ 8:26 am
One would think that there would be taxpayer outrage over the Governor asking to take away their rights to have a representative determine how their money is spent through legislative appropriation.

Indeed this is circumventing the Constitution on its most basic level.

Comment by A Jack Wednesday, Feb 15, 17 @ 8:27 am
RNUG
“identify just the essential employees” … . Dontcha know, DoIT’s ERP will fix that! /s

Comment by Smitty Irving Wednesday, Feb 15, 17 @ 8:41 am
Wouldn’t any employer who is deemed essential be allowed to use an arbitrator instead of taking Rauners offer?

Comment by Seats Wednesday, Feb 15, 17 @ 8:53 am
If you are deemed “essential” shouldnt you be allowed to use an arbitrator to determine your cobtrsct like the state police?

Comment by Seats Wednesday, Feb 15, 17 @ 8:55 am
Seats no matter what happens shutdown or strike my coworkers and I are going to be economically devastated. The contract will be imposed at any second. Cullerton effectively ft old us yesterday, “thems the breaks kid.”

Seats- nothing benefits us at this point.

All bad

It’s now about the long rebuild from the frontline up and powering the Local and stewards

Our revenge is a grievance meat grinder

The grievance procedure was left intact

Thus stewards will lead the charge to meat grinder management from the bottom up

We will get our pound of flesh.

Wielding Rule of Equality we will make it impossible to keep managers.

Will this contribute to outsourcing? You bet. But we’re going to be outsourced as it is. That was always his plan.

Makes it hard to do outsourcing without middle management.

Direct action gets satisfaction

We lost this battle, but the war is far from over.

Comment by Honeybear Wednesday, Feb 15, 17 @ 9:35 am
== Our revenge is a grievance meat grinder … ==

When I was a manager, my biggest gripe against the unions was the overuse of the grievance process for the smallest thing. It was a real PIA and part of the reason I moved out of line management.

-Honeybear- is right about the result. Pursued to it’s ultimate capability, grievances can literally shut down the State.

Comment by RNUG Wednesday, Feb 15, 17 @ 9:50 am
And I thought the Dem’s were for hard working middle class folks ( they sure say that a bunch). But cutting off pay to middle class state workers seems like they don’t care

Comment by Lech W Wednesday, Feb 15, 17 @ 10:08 am
But shutting down the state via grievances hurts the union’s “public view”

Comment by blue collar Wednesday, Feb 15, 17 @ 10:19 am
Not only that RNUG but nothing unites the front line rank and file like winning grievances. From here on out its meeting the needs hopes and resources of the rank and file. Bottom up leadership lead by the super empowered steward then driving the power of the local. It’s a long game. But there is the Honeybear doctrine.

Every member an activist
Labor Marines

Comment by Honeybear Wednesday, Feb 15, 17 @ 10:23 am
Honeybear… I would be worried that grievances grinding the state down will be about the only way that Rauner can look good for this long time. I am hoping there is a a real budget with tax increases and some cuts. It’s time for adults. I am more concerned for state employees after seeing the letter from cullerton… Like he knows the jig is up…

Comment by Echo The Bunnyman Wednesday, Feb 15, 17 @ 10:48 am
I also think that our state is so dismal and surrounded by right to work states it’s not hard for the “regular” citizen would be happy to change Illinois. I don’t agree. But it’s the same folks that say the typical teacher is over payed… Because a few people get the news for high salaries…It’s not a great time in Illinois.

Comment by Echo The Bunnyman Wednesday, Feb 15, 17 @ 10:55 am
“Labor Marines”

Oorah!

Comment by Nick Name Wednesday, Feb 15, 17 @ 11:15 am
Rauner will lose reelection if his opponents focus on what his administration’s failings will cost them in higher taxes.

Rauner’s supporters only care about one thing - what their taxes do. All the things he does that drive others crazy, his supporters can ignore.

It’s all about what he will cost them.

Show them what failure costs.

Comment by VanillaMan Wednesday, Feb 15, 17 @ 12:51 pm
Question, if State Employees are so important they must be paid without an appropriation to keep the Gov’t functioning, why didn’t the Governor sign the Arbitration bill?

Comment by Mason born Wednesday, Feb 15, 17 @ 2:10 pm
–Question, if State Employees are so important they must be paid without an appropriation to keep the Gov’t functioning, why didn’t the Governor sign the Arbitration bill?–

LOL, Mason, try not to introduce logic and reason into the debate. Gives the Raunerbots headaches.

Comment by wordslinger Wednesday, Feb 15, 17 @ 2:16 pm
Sorry Word my bad.

Comment by Mason born Wednesday, Feb 15, 17 @ 3:36 pm
Drown the State in grievances…what a great idea.

Union: mad at a potential “Rauner shutdown”.
Union: “Let’s practically shut down the State with grievances.”

Comment by BK Bro Wednesday, Feb 15, 17 @ 5:29 pm