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Free the CMS 2

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Illinois

A judge injected some much-needed sanity today into the Kafkaesque case of Dawn DeFraties and Michael Casey..

A Sangamon County judge on Wednesday halted an administrative hearing on whether two fired state employees should get their jobs back.

Circuit Judge Patrick Kelley suspended a Civil Service Commission hearing in the 14-month-old case of Dawn DeFraties and Michael Casey, scheduled to continue Friday. Kelley said he wants to study whether the commission lost authority over the matter by not deciding the pair’s fate quickly enough. […]

Draper argued his clients should return to work with back pay because the commission violated state law requiring a decision within 60 days of the end of their hearing before the administrative law judge. That deadline was Monday, Draper said.

A lawyer representing Blagojevich said commission rules allow it to keep a case open until it makes a ‘‘final decision.'’ ‘‘It just can’t let the case sit,'’ Matthew Bilinsky said.

Kelley said the law clearly requires a decision within 60 days, and the administrative rule allowing a case to remain open until a final decision is made should have been written to align with the statute.

Judge Kelley is definitely onto something here.

The rule referenced by the state says…

Until the decision in a case is final, the Commission may remand it to the Administrative Law Judge for the purpose of taking additional evidence.

OK, that’s fine, but the statute is pretty clear…

The finding and decision of the Commission, or the approval by the Commission of the finding and decision of the officer or board appointed by it to conduct such investigation, shall be rendered within 60 days after the receipt of the transcript of the proceedings. If the finding and decision is not rendered within 60 days after receipt of the transcript of the proceedings, the employee shall be considered to be reinstated and shall receive full compensation for the period for which he was suspended.

As Judge Kelley noted, administrative rules do not override state laws.

The law is in place to prevent the Illinois Civil Service Commission from doing exactly what it was trying to do with the DeFraties/Casey case - keep it going indefinitely, possibly because the Blagojevich family babysitter and her cohorts on the commission wanted to force a different outcome.

The commission had 60 days. They blew the deadline. DeFraties and Casey should be immediately reinstated with full compensation.

posted by Rich Miller
Wednesday, Jun 6, 07 @ 2:08 pm

Comments

Ya gotta love these legals with the first name of Patrick. Go get ‘em Judge Kelly.

Comment by Little Egypt Wednesday, Jun 6, 07 @ 2:16 pm
I can hear the familiar whirring of the Chicago Spin Machine all the way downstate.

Having seen how this administration works though, I ain’t countin’ my chickens just yet.

Crossin’ my fingers? You bet. Just not countin’ my chickens.

Comment by This Guy Wednesday, Jun 6, 07 @ 2:28 pm
Now if someone would go after the incredible disaster that is the CMS [un]Shared Services Inititive.

Comment by Crimefighter Wednesday, Jun 6, 07 @ 2:49 pm
Judge Kelley is a thoughtful man and a credit to the bench…..you go guy!!!

Comment by Former State Employee Wednesday, Jun 6, 07 @ 2:51 pm
I agree!!!!!!! Judge Kelley has done the right things in two pending cases before him.

Better Government Association v. Office of Governor Rod Blagojevich wherein Judge Kelley disqualified Attorney General Lisa Madigan.

And now Defraities and Casey……………..they deserve to have their employment reinstated along with “Federal Whistleblower Protections” as they have been interviewed and will most likely be a witness for the U.S Attorney.

Why isn’t the Chief Legal Officer of the state representing CMS in the Circuit Court of Sangamon County?

Why didn’t the Chief Legal Officer of the State represent CMS before the Civil Service Commission?

Defraities and Casey’s lawyer should file a motion to disqualify the Governor’s lawyer and appoint the Illinois Attorney General who is pursuant to the Illinois Constitution, the Chief Legal Officer who represents the state in all legal matters.

Or does the Illinois Attorney General have a conflict of interest too pursuant to the June 20, 2006 letter from U.S Attorney Patrick Fitzgerald?

Comment by Former State Employee II Wednesday, Jun 6, 07 @ 3:07 pm
I agree with Rich 100%…what a fiasco for Blago and a nightmare for the defendants…this circus goes on while state employees are required to take “ethics”
exams each year…won’t someone please save the state of IL and its citizens from this Governor and his bumbling “leadership”?

Comment by Loop Lady Wednesday, Jun 6, 07 @ 3:21 pm
These state tactics (gov’s office / CMS) are what happens as a result of ignoring the wise counsel of MaryLee Leahy - they threw her under the bus and tried to keep her silent under attorney client privacy. They lost but we haven’t to my knowledge seen her deposition or testimony yet. Fitzgerald probably has it though.

Comment by A Citizen Wednesday, Jun 6, 07 @ 3:28 pm
Someone needs to permanently throw Governor Blagojevich under the bus, and soon.

Comment by This is Outrageous Wednesday, Jun 6, 07 @ 3:46 pm
Rich: This mistake by the Governor’s office is even more comical because they were made aware of the 60 day rule when our case from the January 2003 firings was being heard. The Commission then was dragging its feet in getting the transcript done following the completion of the hearings. Our attorneys made an issue of the prompt completion of the transcript, and cited the 60 day requirement. Those expensive attorneys for the governor must have forgotten about it. This could prove to be a costly oversight.

Comment by one of the 35 Wednesday, Jun 6, 07 @ 4:08 pm
Or this perhaps is a brilliant move on the admins part.

We really wanted to punish these folks, but thanks to a loophole we can’t. But hey we brought them up before the board and did everything we needed to do.

Reform

Comment by OneManBlog Wednesday, Jun 6, 07 @ 4:13 pm
The biggest outrage is that the taxpayers will have to foot the bill for these state “workers” for the few months they were not working, and it will restore those months of service to their already-lavish pensions.

Comment by Cassandra Jr. Wednesday, Jun 6, 07 @ 4:14 pm
How convenient that these people win under circumstances that allow Blago to claim it was’nt a win on the merits, but merely a technicality. Perhaps the most face-saving outcome he could hope for. I dont believe in coincedents effecting the outcome of such a high profile case with potential criminal implications. Call me a cynic, but having watched political corruption in this state, my money is on this being a deliberate strategic step aimed at undermining the criminal impact of a final judgment on the merits as well as positioning for political spin.

Comment by The Observer Wednesday, Jun 6, 07 @ 4:16 pm
Administrative Law 101: When all else fails, read the statute.

Comment by Still Anon Wednesday, Jun 6, 07 @ 4:41 pm
It was done for spin. We didn’t lose - the court led by a Republican judge took it out of our hands.

Comment by 4% Wednesday, Jun 6, 07 @ 4:54 pm
Hey Bill,
Where are you on this one?

Comment by nino Wednesday, Jun 6, 07 @ 5:27 pm
Did Blago really pass the bar exam? Seems questionable to me.

Comment by Papa Legba Wednesday, Jun 6, 07 @ 5:51 pm
Well, I’ll bet he went in and successfully passed the Jack Daniels on the Rocks test.

Comment by A Citizen Wednesday, Jun 6, 07 @ 5:57 pm
Bill can’t talk yet, we haven’t got the latest press release from Nix yet.

Comment by MIDSTATE Wednesday, Jun 6, 07 @ 5:57 pm
One Man-

For anyone with a shred of knowledge of this case, this can’t be successfully spun the way you suggest. Maybe this was the state’s way of dropping the case as silently as possible - but let’s wait. If the state continues to fight this in light of today’s ruling, it’s almost as if someone in charge is intentionally seeking bad publicity, in pursuing a lost cause no less.

Comment by Six Degrees of Separation Wednesday, Jun 6, 07 @ 6:00 pm
Does anyone else find it interesting Judge Kelley halted the case right before DeFraites was supposed to testify on Friday? I doubt either side really wants to see her on the stand. And another thing, just because the Administrative Judge made a ruling doesn’t necessarily mean it’s right. Judges and juries render wrong decisions all the time. Remember OJ and “the glove?”

Comment by Columbo Wednesday, Jun 6, 07 @ 6:33 pm
Hey blago can my babysittet get a no show sate job so I dont have to pay her. You seem to be an expert on this just asking?

Comment by Fed up Wednesday, Jun 6, 07 @ 6:39 pm
Judge Kelley is also the judge who spanked Blago and company over playing fast and loose with administrative rulemaking requirements in the case involving Mongo the prize bull a few years ago

If you remember Blago improperly accused the young girl who owned Mongo of cheating and his Agriculture department stripped her of her prize and attempted to invoke an unpromulgated administrative policy as the justification for their action

Judge Kelley ordered the reversal of that decision

Comment by Just the Facts Wednesday, Jun 6, 07 @ 6:57 pm
Six Degrees - please don’t use the word “shred”, no matter what the meaning, when you are discussing anything related to Blago. We wouldn’t want to give him any ideas.

Comment by Little Egypt Wednesday, Jun 6, 07 @ 7:05 pm
Does anybody have an accounting of all the law suits that have been lost by the state?

Comment by Huh? Wednesday, Jun 6, 07 @ 7:05 pm
Hey anyone know who “Illinois’s Patron Saint of Corruption and Liars” is?

Comment by Ethics Test Wednesday, Jun 6, 07 @ 7:12 pm
I hope the CMS 2 press on with the attack and continue the lawsuits. They are clearly in the right here. It’s pretty clear what a degree from perp-a-dine, er, I mean, Pepperdine, is worth, too. This case is a demonstration of everything Blagojevich, in microcosm: ineptitude, arrogance, denial, ego, hubris, heck, I need a new thesaurus to cover it all. I hope the judge nails these crooks to the wall, and specifies where the fines and penalties must come from, so Rod does’;t rob the poor and frail again, as he did in paying for the videogames lawsuit debacle.

Comment by Can we give Rod just 60 more days to leave? Wednesday, Jun 6, 07 @ 7:16 pm
I know it’s the principle of the thing they are fighting about… but after all this grief, I have to wonder if they would WANT their old jobs back… at least until some kind of “regime change” occurs.

Comment by Lainer Wednesday, Jun 6, 07 @ 7:20 pm
Meanwhile, Rod rolls for initiative on 2 D-6’s and fails, while trying to squeeze into Boots of Escaping that have lifts in the heels.

Mage Madigan rolls two eights and prepares for the final attack, while in the senate all that can be heard is Emil the Ebullient shouting “Leeeeroooyyyyy JENnnnKIinnnnssss!!!!”

Watson and Cross look at them, then each other and yell: “Nerds!!!”

Yes, the state government is now being run using Dungeons and Dragons rules. They got your bag of holding, but no one can cast a lightning bolt because the rates are too high.

Comment by Nerd Wednesday, Jun 6, 07 @ 7:24 pm
Say…Columbo…have we met before? Anyway, what do you suppose a good outcome from this situation would be? How would the judge be wrong in this instance?

Comment by Gorem Wednesday, Jun 6, 07 @ 7:30 pm
I new a guy that in the 80s won his job back in Administrative Services in Chicago. The court order returning him to the job stipulated that under NO circumstances could he be fired or in any other way penalized. He retired at 65, a very happy guy.

Comment by A Citizen Wednesday, Jun 6, 07 @ 7:32 pm
Six…

I think for the vast majority of folks in this state who haven’t been following the a case a ‘technicality’ explanation will spin just fine.

Comment by OneManBlog Wednesday, Jun 6, 07 @ 8:18 pm
Cassandra Jr. - The taxpayers got screwed the minute Blago took the oath of office. Despite your trivialization of the matter, DeFraties and Casey have and will continue to suffer significant financial and pyschological damage from this travesty. Presuming that Kelly ultimately rules that they can get their jobs back, they will be forced to wait for several more months to return to work as this farce is played out in the appellate and supreme courts. Then they’ll have to file for backpay from the bureaucracy at CMS (which ironically was administered at one time by DeFraties) - waiting months before getting any money. When they get the money back most if not all will go toward their legal bills. Legal bills that are not reimbursable by the State. Yea right. This is no big deal for them.

Comment by Norseman Wednesday, Jun 6, 07 @ 8:19 pm
- OneManBlog - In a way you may have a point - the citizens have little good to say about state employees. But on the other hand they have even less good and a whole lot of vitriole for this administration and the GA at this point. And this is just one of many (?how many subpoenas are there?) cases they will be losing. Hopefully Kelly will also award attorney fees at the least and perhaps a good measure of punitive damages. The taxpayers may take it on the chin but the blame will rest on this administration. I just wish I had stock in Winston and Strawn - they’re going to be minting money soon - Friends of Blago will become a “RICO based criminal enterprise” and then the taxpayers will have to pick up the tab. The trail of illegalities is long and very deep. Rezko, Ata, Patti B, Obama, Monk, Kelley and on and on.

Comment by A Citizen Wednesday, Jun 6, 07 @ 8:45 pm
One Man-

I see where you’re going with it. But judging from the press and reader comments I’ve seen develop from this case so far across the state, even when the AJ recommended a 2 week suspension, it hasn’t gotten a lot of traction for the administration’s “clean as a hound’s tooth”, “corruption busting” reputation, if you can call it that.

Comment by Six Degrees of Separation Wednesday, Jun 6, 07 @ 9:04 pm
One, two, three strikes you’re out at the old ball game! Too bad for Blago. He put the story of these two people as an example on this year’s ethics test. Will he have to retract that as well? Maybe we should take down the “I’m ethical, are you?” posters with his name on them. When even “Bill” doesn’t rush to your defense, you know you’re having a bad day. Ha!!

Comment by Peoria Pete Wednesday, Jun 6, 07 @ 9:06 pm
This will drag on for some time. Not only did the insiders at CMS screw up, but the same thing (violations of rutan, vets preference, etc.) is going on at DCFS, IDOT, Natural Resources, DCEO, etc,. Thats why the gov and Filan want shared services. To cover up the problems. Problem is shared services won’t work.

Comment by Blue Dog Wednesday, Jun 6, 07 @ 10:55 pm
What are the chances that Patrick Fitzgerald and staff monitor this blog? I sure hope someone in his office does because they could sure get a lot of info here.

Comment by Little Egypt Wednesday, Jun 6, 07 @ 11:39 pm
Oh, Shared Services will work, allright, just not in the way you might expect. It will work at siphoning funds from departments that actually DO THINGS into the CMS coffers. It’s kind of like privatizing a bunch of the state’s infrastucture, except the money is all controlled by the gov in CMS.

Comment by Shaved Services Thursday, Jun 7, 07 @ 12:10 am
The commission missed the deadline. It is over. Every act someone does not like is now a crime. 1984 is alive and well.

Comment by Loyal Whig Thursday, Jun 7, 07 @ 1:49 am
Again I ask, can anybody come up with a better exit strategy and way to spin this whole mess for Blago then to say there was no merit to the claims of the discharged employees, but the Commission screwed up and we can no longer pursue vidication. He stands by his initial position on the case, the taxpayers get stuck with the bill and these two get put in some windowless room with no phone and no portfolio, shunned by all the other workers. I smell a rat and believe this was intentional and not a careless oversight.

Comment by The Observer Thursday, Jun 7, 07 @ 11:34 am
They’re going to kave a REAL good time with DCFS. Heck, the union should be having a good time with them. Just count the contractors not paying dues and making waaaay more than full timers that should be in those positions.

Comment by More fun Thursday, Jun 7, 07 @ 1:23 pm