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The Illinois Civil Service Commission this afternoon refused to accept the findings of an administrative law judge and ordered new evidence be taken in the case of two state employees disciplined for allegedly showing favoritism to politically connected job applicants.

Administrative Law Judge Anthony Dos Santos recommended May 13 that Dawn DeFraties and Michael Casey be suspended for 14 days. In doing so, Dos Santos rejected an attempt by the administration of Gov. Rod Blagojevich to fire DeFraties and Casey. […]

It was not immediately clear what additional evidence the five-member Civil Service Commission believes it needs, but the panel apparently wants the earlier hearings to be resumed. The commission’s vote to remand the case for additional evidence was unanimous and followed three hours of discussion behind closed doors.

Carl Draper, the attorney for DeFraties and Casey, said he can’t remember a similar commission ruling in 25 years of handling such disputes. DeFraties and Casey will look into other possible legal options, he added.

This was a sham case from the beginning. The hearing officer’s take - that they should’ve been suspended for two weeks instead of fired - was a slam-dunk.

And it doesn’t do much for the commission’s credibility that the governor’s babysitter sits on the ICSC.

Free the CMS 2!

posted by Rich Miller
Thursday, May 17, 07 @ 2:48 pm

Comments

Some may think this will stop folks from coming forward.

I believe it will have just the opposite effect.

Comment by Have they no sense Thursday, May 17, 07 @ 2:59 pm
So much for due process…
I love my country…but I fear my government

Comment by Siyotanka Thursday, May 17, 07 @ 3:44 pm
Of note, an outside ALJ was appointed over concerns of a conflict of interest of the internal ALJ. Seems to undermine the neutrality of the outside ALJ (selected by the State as I recall) if the commission unhappy with the fact the State failed to make its case gives them a do over.

Carl makes a good point about this being a rare (ever?) action from the commission. Sure seems like a good time to call shananigans when yah have an outside ALJ and seek to override them.

Comment by Ghost Thursday, May 17, 07 @ 3:45 pm
Just wondering: Do you have to state a reason when firing “double exempt” employees?

Comment by Woe is us Thursday, May 17, 07 @ 3:50 pm
This administration’s blind injustice and relentless pursuit of their agenda at any cost is just plain scary…

Comment by Anonymous Thursday, May 17, 07 @ 3:59 pm
Wow. A little different take on this. So, state employees are actually supposed to believe that everything is on the up and up when it comes to ethics, hiring, talking to the auditor general. Yet when the higher ups don’t like the decision made in this case, they pull some crap like this. Wow, sounds ethical doesn’t it, well I guess if you are the guv or Emil it might sound ethical.

Comment by Concerned Voter Thursday, May 17, 07 @ 3:59 pm
No, the state does not have to have a reason to terminate “double exempt” employees. Services no longer needed is perfectly acceptable. The two employees in this case were not “double exempt” but covered by the personnel code which is why they should have rights to unbiased hearings and fairness.

Comment by To Woe Thursday, May 17, 07 @ 4:08 pm
It looks like the administration is really working hard to blame all of their hiring woes on these two. Too bad the attempt is a transparent as plastic wrap.

When all is said an done, I hope the CMS2 really stick it to the powers that are trying to crucify them.

What a freakin’ embarrassment this whole sham is.

BYW. Where these two temporarily put back into their positions to expedite the hiring of Emil Jones III into a made up job at DCEO?

Comment by Papa Legba Thursday, May 17, 07 @ 4:29 pm
If these two employees are fired, then every supervisor up the chain of command should also be fired. This is like the US military firing lower ranking officers or NCO’s when they were following orders of high ranking officers and subsequently, those higher ranking officers are either protected or promoted to get them out of the chain of command.

Comment by i d Thursday, May 17, 07 @ 5:09 pm
We have the exact same problems at the City of Chicago. The entire system is political. Retired judges and friends of the Daley family sit in judgement of fired Chicago Employees. Clout, plain and simple. Patrick McDonough.

Comment by Deep Water Thursday, May 17, 07 @ 5:23 pm
I would have been shocked if there had been any other outcome. I’ve always felt that Dawn and Mike will have to take this to the civil court system, and it appears that is exactly where this is headed. So when, not if, they win in the civil court system, not only will they get back wages, but punitive as well as their attorney’s fees paid. Way to stick it to us Elvis. Never admit you’re wrong, even if you have to flip flop and ask the legislature to vote “no” on your beloved GRT. Anyone know how to give this guy a sanity test because Elvis is a nut case if I’ve ever seen one.

Comment by Little Egypt Thursday, May 17, 07 @ 6:34 pm
I don’t understand the continued defense of these two. The ruling clearly indicates they were doing wrong. The judge only says the punishment should have been 14 days, not termination. I guess I keep coming back to 2 main points: 1) Why did they keep the logs if they believed everything to be on the up and up? and 2) If they truly thought it was wrong, why didn’t they simply stop sending these “special” applications to wherever they were sending them?

Comment by Concerned State Employee Thursday, May 17, 07 @ 6:43 pm
Concerned, you post these same comments about these people every time there is something on a blog, almost like it is an obsession for you. I will tell you why I personally support these two. Because I know how the system works and has worked for years, and it isn’t because of Dawn and Mike. Having known Dawn DeFraties for a very long time, I know her to be a credible, honest and decent person. That is why I and many others are more than happy to continue to defend her.

Comment by Stop the Clearly Broken Record Thursday, May 17, 07 @ 7:20 pm
Stop the Record…this case represents what is wrong with the Blago administration. These 2 were receiving their marching orders from higher up without a doubt. They didn’t have the authority or inclination to do this on their own. I don’t dispute that. What needs to come to light is who was giving them those marching orders. That is where the problem is. It’s not the bottom feeders that are the problem; it’s the top hacks. By the way, would anyone care to respond to my 2 main points from my previous post?

Comment by Concerned State Employee Thursday, May 17, 07 @ 7:45 pm
If i were the state, I would be concerned somewhere that Casey and Defraties were cooperating with the feds all along. If they keep pushing this too far, someone in a parallel universe might come a-knocking soon.

Comment by Six Degrees of Separation Thursday, May 17, 07 @ 7:57 pm
Please tell me babysitter Betty has recused herself from these deliberations. It is the only ethical thing to do.
(Smacks forehead)
What was I thinking, this is a Blago operation, she’ll be the one RUNNING it.

Comment by Gregor Thursday, May 17, 07 @ 7:59 pm
Sure, If you were working for the administration you’d be insane not to cover your ass on everything you do - they are corrupt and when the heat is on YOU will be thrown under the bus. Get a CLUE !!

Comment by A Citizen Thursday, May 17, 07 @ 8:00 pm
How much money is being wasted by Blago’s administration in the continued effort to turn this around? There’s an anecdote about Lincoln:

Abraham Lincoln once asked, “If we call the tail a leg, then how many legs does a dog have?”

The reply: Five.

“No,” Lincoln said, “Just because you call a tail a leg doesn’t make it so.”

No matter how hard Blago’s people try, this is never going to be the slam-dunk publicity pop they wanted, rather, the harder they fight, the worse they make themselves look. It is only the Governor’s arrogant stubborness and his staff’s cowardice and reluctance to tell him no, that is dragging this out.

Comment by The cost of Blago Ego Thursday, May 17, 07 @ 8:09 pm
If you like this story for ineffective and expensive legal antics, wait until you hear the rest of the story regarding the Video Games lawsuit. The half-million penalty Illinois had to pay out on that misbegotten publicity adventure pales next to the… ah, but I’ve said too much, let’s just wait for the announcement, shouldn’t be long, and these things typically come out late on a Friday. Looks like a lovely weekend shaping up.

Comment by The half of it Thursday, May 17, 07 @ 8:14 pm
Little Egypt, unfortunately you’re wrong. They won’t receive punitive or attorney’s fees. All they can get from this “administrative review process” is their job and backpay. It’s a crime what this administration is doing to them and others.

Comment by Norseman Thursday, May 17, 07 @ 8:23 pm
This whole thing is nothing but Blago’s own ego writing checks on Illinois’ bank! He’s spending taxpayers money and wasting so many peoples time to cover his own butt. The CMS2, as they’ve been referred to, are decent, honest, hardworking people that have been used by the administration. Where are the Guv’s ethics? Where are the ethics of this commission, and who did they get their orders from today? And wouldn’t you know it, just about the same time that state employees have to take the ethics test. Have you spent the hour on it yet, Blago? Did you pass?
JUSTICE FOR DAWN AND MIKE!!!!!

Comment by max Thursday, May 17, 07 @ 9:05 pm
From the Associated Press…

“Commissioners met in closed session for nearly three hours and then voted 5-0 to request “additional evidence.” Chairman Chris Kolker refused to comment afterward, fleeing reporters who followed him.”

Flees from reporters???!!!!

This is insane. These morons from the CSC should grow a pair, realize that this is a railroad job, stand up for the taxpayers of Illinois and dismiss this case against Defraties and Casey!

Comment by Abby Spout-n-off Thursday, May 17, 07 @ 9:16 pm
Looks to me like the administration is intent on turning their misdemeanor into a felony - Don’t do the crime, gov, if you can’t do the time !!!

Comment by A Citizen Thursday, May 17, 07 @ 9:22 pm
Concerned at 7:45 - Don’t you remember one of the accusations that the administration brought out? After these two people said that they received pressure from the Governor’s Office to act in certain ways, the administration said in the hearing that they knew that acting on that pressure was illegal, so they should have stood up to the Governor’s Office. GIVE ME A BREAK!!!!

Comment by Long Time Reader; First Time Poster Thursday, May 17, 07 @ 9:56 pm
The CMS 2 are decent people, but honest…maybe, maybe not. Part of the patronage infrastructure…yes. Scapegoats….definitely.

Comment by Reformed Thursday, May 17, 07 @ 10:02 pm
Norseman, go back and read my post. I have absolutely no hope of Dawn and Mike prevailing in a State agency run Civil Service hearing. They will have to go to the CIVIL COURT system (not to be confused with the Civil Service System). I’m not an attorney but I don’t see why a civil judge could not really slap Blago with a pretty good judgment in favor of these two that would certainly include legal fees for the attorney of the winning side. That happens all the time in civil court.

However, all of this aside, I truly believe that Blago is a bit on the wacky side if he cannot see that Patrick Fitzgerald can run a parallel investigation on him for these hiring practices. Talk about a poor leader being surrounded by poor advisors. Can it get any worse than this?

Comment by Little Egypt Thursday, May 17, 07 @ 10:39 pm
Any state employee who’s had the courage to speak up has, is and will be toast end of story. As long as Milo and his nut cases are permitted to operate above and below the law this will continue.
The day of reckoning is swiftly approaching for Milo.

Comment by Beyond Unethical and Corrupt Thursday, May 17, 07 @ 10:50 pm
There aren’t enough negative adjectives to describe Governor Blagojevich and his entire administration.

Comment by Pepperdine Alum Thursday, May 17, 07 @ 11:01 pm
Pepperdine - how about indicted, convicted, and incarcerated.

Comment by A Citizen Thursday, May 17, 07 @ 11:06 pm
I think some good will cone out of this decison by the commision. Maybe the names and positions of some of the incompetents hired by Gov. Dip Stick will be reveled publicly. Let’s find out who got favorable treatment - then fire them!

Comment by silver lining Friday, May 18, 07 @ 7:39 am
- A Citizen

Indicted, convicted, and incarcerated. Absolutely!

Comment by Pepperdine Alum Friday, May 18, 07 @ 7:41 am
Little e,
Yes it can get worse and probably will. Stay tuned!

Comment by Bill Friday, May 18, 07 @ 8:18 am
The Civil Service Commission yesterday overuled the Judge in this case and FIRED the CMS2…

Comment by Loop Lady Friday, May 18, 07 @ 8:19 am
Of government spinning out of control.

I will actually take some vacation time (State Paid Vacation Time) to go watch when Governor Blagojevich is convicted and sentenced.
Our state will be in better hands.

Comment by Prime Example Friday, May 18, 07 @ 8:47 am
These crooks will stop at nothing to pass the buck. Patrick Fitzgerald, where are you?

Comment by Criminal Enterprise Called Illinois Saturday, May 19, 07 @ 2:16 am