Latest Post | Last 10 Posts | Archives
Previous Post: *** UPDATED x1 *** Apparently, I have to say this again: Stop it, governor
Next Post: *** UPDATED x1 - He didn’t totally dodge *** Once again, Chris Kennedy dodges a marijuana question
Posted in:
* Brian Mackey is in Mt. Vernon today to watch the appellate hearing on the lower court’s ruling to pay state employees without an appropriation.
Background on the case is here. Justices Richard P. Goldenhersh, Melissa A. Chapman, and Judy Cates are hearing the oral arguments. Deputy Solicitor General Brett Legner is arguing for the attorney general, who wants the payments stopped. On the other side of the case are Steve Yokich for AFSCME and Kenton Skarin for the Rauner administration…
…Adding… Brian is also covering another lawsuit over the comptroller’s office. So, we’ll leave this on.
posted by Rich Miller
Tuesday, Jun 13, 17 @ 11:26 am
Sorry, comments are closed at this time.
Previous Post: *** UPDATED x1 *** Apparently, I have to say this again: Stop it, governor
Next Post: *** UPDATED x1 - He didn’t totally dodge *** Once again, Chris Kennedy dodges a marijuana question
WordPress Mobile Edition available at alexking.org.
powered by WordPress.
Can someone tell me why the attorney general wants the payments to state workers stopped? What is the long game here?
Comment by Mama Tuesday, Jun 13, 17 @ 12:28 pm
So that people realize the budget problem isn’t an abstract thing that only impacts other people. Until people can’t get their drivers license renewed, get a hunting permit, get a copy of their birth certificate or make State Fair plans the “impasse” can be ignored.
Comment by northsider (the original) Tuesday, Jun 13, 17 @ 12:50 pm
== Can someone tell me why the attorney general wants the payments to state workers stopped? What is the long game here? ==
At it’s root, there is a legal question that needs to be settled: is an appropriation needed before payment can be made?
One court has said yes; another court in a different situation has said no.
The political end game is to possibly shut down the State in order to, maybe, resolve the budget impasse.
Comment by RNUG Tuesday, Jun 13, 17 @ 12:55 pm
The question is can the workers be paid absent an appropriation from legislature. There are contradictory rulings yet ISC was clear in its ruling re the payraise negotiated by Quinn, NO they cannot be paid. This may we’ll be the only path to a budget until 2018 or beyond. Either this or K-12 funding withheld. Good luck!
Comment by Old and In the Way Tuesday, Jun 13, 17 @ 1:00 pm
LeChein the judge hearing these cases sure knows how to get re-elected, he has no party loyalty. Not sure who that helps …
The three judges — Chief Judge John Baricevic, Robert LeChien and Robert Haida — submitted resignations for their judicial seats and then filed as Democratic candidates to fill the posts.
They figured it would be easier to get 50.1 percent of the vote in an election rather than the 60 percent approval required to be retained.
Comment by Texas Red Tuesday, Jun 13, 17 @ 1:02 pm
Just an observation. It’s my understanding that even if employees aren’t getting paid they will have to show up to work — that is, if they want to get paid once a budget is finalized. So, if you decide to stay home for a week when you’re not getting paid, when paychecks resume, you’ll lose that week’s pay. How, then, does that shut down state government. It simply allows government to go on without workers receiving paychecks. In the meantime, does anyone think the Governor is going to be moved by this? His response will be Madigan and Dems in the GA forced this crisis and I fought in the courts to keep your paychecks coming. I guess that does create pressure, but I doubt that it results in a closure of anything. Employees will want that money once things are resolved — no matter when they are resolved.
Comment by TwoCents Tuesday, Jun 13, 17 @ 2:56 pm
Not all state workers would be required, or even allowed to work without an appropriation. Federal labor law in fact prohibits working without pay or the means to pay. The only exception being public safety.
California found itself in a similar situation and absent a guarantee of payment workers were sent home. Notes or writs of credit were issued by the governor and found to be insufficient. In other words there is no clear cut rule or guideline, either state or federal. My guess is that just the uncertainty would change the dynamic but probably not the governor’s approach. K-12 funding might be another matter.
Comment by Old and In the Way Tuesday, Jun 13, 17 @ 3:12 pm
RNUG - Tuesday, Jun 13, 17 @ 12:55 pm:
== Can someone tell me why the attorney general wants the payments to state workers stopped? What is the long game here? ==
SO her son can blame Rauner..
TwoCents
vendors are not receiving pay checks.
Bottom line is the Law, not the judges “feelings” states in teh constitution, the comptroller can only pass the invoice to the treasure to release once her obligation and duty is to verify it.
She has zero legal authority to choose what fund it comes from.
The problem here, is the comptroller is/has taken other funds, not chosen by the entity who issue the invoice/voucher. WHo under the LAW of teh constitution is responsible for choosing what fund it is to be paid from. Remember folks 800 funds. A judge here who does not really know the constitution, nor the funding process for the State at all. Other than the 2 attorneys sides explanation of it…
SO bottom line is the Comptroller has no right to swoop funds that agencies specify to pay invoices/vouchers when submited. WHich is why Rainer has been saying for months she really needs to pay certain people as she has funds to do so, she just is not. Even though under the law she can not choose what funds she pays anything from. She may only verify it is real invoice.’
HA!
Comment by sharkette Tuesday, Jun 13, 17 @ 3:14 pm
Any idea why “sharkette” and “yep” mass the exact same post? Same user, different Nickname, perhaps?
Comment by CharlieKratos Tuesday, Jun 13, 17 @ 3:37 pm
I’m more confused by the comment “SO her son can blame Rauner” myself
Comment by HangingOn Tuesday, Jun 13, 17 @ 3:40 pm
That may be the most incoherent post I have seen here.
Comment by Anonymous Tuesday, Jun 13, 17 @ 3:49 pm
I’m confused by the whole post at 3:14pm …
It’s been my working assumption that Rauner wants to keep money in the various revolving funds to ensure funds for (a) his questionable (IMO) software updates and (b) as a slush fund for personal services contracts in the event of a strike while running down the GRF balance.
I also think Medoza is correct to question it because I know SSRF was previously used to pay a significant number of salaries.
Comment by RNUG Tuesday, Jun 13, 17 @ 3:57 pm
Wasn’t there a line in the arguments about the 8th Amendment, how it would be cruel and unusual punishment for inmates if there were no prison guards at work, that health and safety employees should be at work because of their importance? Well, doesn’t the 13th Amendment preclude being forced to work without compensation? Didn’t we fight a Civil War to put an end to such things?
Signed,
Yours in Servitude.
Comment by NATTY BOY Tuesday, Jun 13, 17 @ 4:04 pm
So when does the judge set the trial dates?
I don’t understand the purpose of today; does nothing come from it?
Comment by Seats Tuesday, Jun 13, 17 @ 4:08 pm
I hope the judges take the side of law and not AFSCME on this one. It will FORCE Rauner to cave. It’s already started.
State employees have had 2 YEARs to save for this day.
Comment by Union Man Wednesday, Jun 14, 17 @ 9:50 am