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DeFraties and Casey reinstated * Updated x1 *

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The long wait is finally over for the “CMS 2”

A Sangamon County judge has ordered the reinstatement with back pay and benefits of fired state workers Dawn DeFraties and Michael Casey.

Circuit Judge Patrick Kelley ruled the state Civil Service Commission lost jurisdiction in the case when it failed to rule on the case within 60 days after it had received transcripts of proceedings.

*** UPDATE *** From the AP…

Circuit Judge Patrick Kelley ruled Wednesday that the Illinois Civil Service Commission mishandled the case, so Dawn DeFraties and Michael Casey can return to work. Kelley calls the facts in the case “bizarre.”

DeFraties and Casey were accused of manipulating job applications to help people with political connections. Governor Rod Blagojevich cited their case as a key example of his ability to fight corruption.

posted by Rich Miller
Wednesday, Aug 8, 07 @ 3:14 pm

Comments

Another blow to the Blagojevich administration. When will it end?

Comment by downhereforyears Wednesday, Aug 8, 07 @ 3:16 pm
I am very happy for DeFraties and Casey. Talk about a long wait for justice!

Comment by Leigh Wednesday, Aug 8, 07 @ 3:24 pm
Blago should pay their legal fees as well. He could get it from just using a portion of all that money his daughter has received as “birthday gifts” from persons who have received state jobs from him. Rather appropriate since the victims here worked for the personal section of CMS.

Comment by KenoMan Wednesday, Aug 8, 07 @ 3:27 pm
Good job Dawn and Mike- took a long time but you did it!!! I couldn’t be happier- both great people and almost had to pay a price for what OTHER people obviously instructed them to do. Hey- Blago- how about paying us now!!!! Hynes and you are having this little contest- you know the union will win!!!!!!!!

Comment by IRISH Wednesday, Aug 8, 07 @ 3:30 pm
Now can they get a loan for the back pay from a credit union?

;-)

Comment by OneMan Wednesday, Aug 8, 07 @ 3:33 pm
I am glad this nightmare is over for the defendants–I dont know why in the name of Jesus they’d want to go back to their state jobs–I hope they go back if only to find a different job outside State gov’t Their legal fees should be paid by Blago’s campaign fund–

Comment by Loop Lady Wednesday, Aug 8, 07 @ 3:42 pm
I have known Dawn for many years and have worked with her off on through my LONG state career. She has always been a stickler for following the rules and is a meticulous record keeper. She is and continues to be a valuable asset to the state. The guv picked the wrong girl to hang his dirty laundry on! CONGRATS Dawn and welcome back!

Comment by Sweet Polly Purebred Wednesday, Aug 8, 07 @ 3:47 pm
score one for the little people…

Comment by Siyotanka Wednesday, Aug 8, 07 @ 3:49 pm
I’d like to think there is a lesson to be learned here by Blago. I’m betting he will find a way to drag his feet in reinstating Dawn & Michael. They were truly scapegoats and in my opinion should both be Grand Marshals of the Illinois State Fair Parade with Blago physically pulling the float they ride upon.

Comment by Little Egypt Wednesday, Aug 8, 07 @ 3:52 pm
Anyone who knows these two could tell you this was trumped up from the beginning. The governor’s people should have picked somebody else to target.

Comment by Jim and Judy Wednesday, Aug 8, 07 @ 3:55 pm
Just one more “happy ending”. Blago’s Bizaarro Mean Machine tactics have not helped this administration’s credibility during this fiasco.
Too bad it took so long…I hope Blago’s team is held accountable for all legal fees, unfortunately this means another drawn out lawsuit for these two employees.

Comment by curious george Wednesday, Aug 8, 07 @ 3:59 pm
Indeed downhereforyears, another prime example of this administration’s complete disregard for the law. Be it flu vaccines or the state constitution, they simply do not care.

How about a Blago spin contest; Besides immediately appealing, who’s the administration going to fault for this judicial decision?

The moral to this story: Try enough people in the court of public opinion and they’ll start trying you back.

Comment by Bird Man Wednesday, Aug 8, 07 @ 4:04 pm
I am so happy for them. But, what did this cost the state? Blago had to know he wouldn’t win this. Also, I know there is another lawsuit out there for a bunch of IDOT workers that were laid off about 3 years ago and it still hasn’t come to trial. That one is definitely a loser for the administration, but these people have had to go 3 years without an income. Some having to take much lower paying jobs as they can’t seem to get hired at any other state job available even though they are qualified. Wonder why that is? I hope this one is soon resolved but it will cost the state plenty….Another great way to spend taxpayer money.

Comment by Hard Working Taxpayer Wednesday, Aug 8, 07 @ 4:08 pm
Remember 2002 when all those Ryan appointees resigned then then took their same jobs back so they could stay employed, and Blago fired them? Well, some of them came back, and in one case, she went from a big office with big responsibilities to a cubicle with essentially nothing to do, obviously as a way to drive her back out. It wouldn’t surprise me in the least if that’s what happens to the CMS2. I hope the Blago administration shows a bit more civility and, shall I say it? “maturity” and “professionalism” than to do that, but I’m not holding my breath.

Congrats to them on winning their case.

Comment by What planet is he from again? Wednesday, Aug 8, 07 @ 4:08 pm
Congratulations to Mike and Dawn. These are two fine people and I am absolutely delighted to see them win. It will be wonderful to see them back at their work. Governor, you are a loser ….again…..and again!!

Comment by Justice Wednesday, Aug 8, 07 @ 4:16 pm
Oh, to be a fly on the wall tomorrow morning when Mike Casey and Rebecca Rausch run into each other dropping their kids off at daycare.

Comment by AC Wednesday, Aug 8, 07 @ 4:18 pm
Accusing Rod’s flaks of mishandling the Defraties case is like accusing Exxon of mishandling The Valdez.

Still, I’m sure it won’t be long until Blagojevich finds a way to retaliate — transfering her to Alexander County or something.

Anyone know if there’s any protections? Defraties is probably best off if her lawyer calls the Inspector General’s office, she blows the whistle, and then she is entitled to Whistleblower portections.

Comment by Yellow Dog Democrat Wednesday, Aug 8, 07 @ 4:22 pm
Free Dawn & Mike. Way to go you two! Judge Kelley called the state’s action in this case “bizarre” and “Kafkaesque”! Mongo…Dawn & Mike…Pat Kelley’s rulings are just a small taste of what is to come for the Blagos. Free Dawn & Mike!

Comment by Abby Spout-n-off Wednesday, Aug 8, 07 @ 4:25 pm
I’m sure the governor will spin this thing to say that it just goes to show that even the judges downstate are ingrained in the old way of doing business, and how this just reinforces the need to clean up Springfield.

Comment by Jim and Judy Wednesday, Aug 8, 07 @ 4:29 pm
Oh and the float should be plastered with posters saying “What Was HE Thinking?”

Comment by Little Egypt Wednesday, Aug 8, 07 @ 4:29 pm
As an ex-state employee who got screwed out of their job by the Blagojevich administration. I’m ecstatic for Dawn and Mike.
Hooray for the little guys!

Comment by Toto Wednesday, Aug 8, 07 @ 4:30 pm
No real protection. Some job offer will come up, at CMS or another agency, at another location.

Comment by Blue Dog Wednesday, Aug 8, 07 @ 4:34 pm
I believe Circuit Judges are elected, and, if so, Blagojevich will have to be very, very careful about blaming the corrupt system in Springfield. Once again, the constitution and the legal process stand in the way of rewarding incompetence.

Comment by dc Wednesday, Aug 8, 07 @ 4:37 pm
Hurry someone throw Rod Blagojevich a rope.

Comment by Drowning in Quicksand Wednesday, Aug 8, 07 @ 4:38 pm
Congrats to Dawn & Mike! It is overwhelmingly refreshing to see the little guy bloody the big bad bully’s nose. I hope they are both allowed to return to their jobs in peace, but it would also make me laugh if they walked in on Monday and resigned. I look forward to hearing how the Governor’s pickled minions are going to spin this one into a victory for Blagojevich. That should be good for another laugh.

Comment by bkstg76 Wednesday, Aug 8, 07 @ 4:42 pm
Hey, Maynard. Do you still have a case pending?

Comment by PPHS Wednesday, Aug 8, 07 @ 4:46 pm
Disgraceful….shame on Blago and his minions.

Comment by Esteban Wednesday, Aug 8, 07 @ 5:02 pm
Congratulations to them today is a good day for the people.

However, the governor can simply wrestle the case to the Dem controlled 7th Circuit Court of Appeals… Appeal the ruling & request a stay of the order.

IF he gets a favorable (read rubber stamp) opinion and then 2 or 3 years, $100,000 spent & twelve press releases later …well they may or may not get their jobs.

This is exactly what happened when Blago Terminated the first 25 employees……er I mean “Corrupt Ryan Henchmen” as the Gov was quoted.

Good luck the the CMS2 …..

Comment by Larry Mullholland Wednesday, Aug 8, 07 @ 5:02 pm
This may end up costing about what the flu shot debacle did. But since there is no budget, They can’t get their back pay. Bet the conversation went something like this. Dawn… Mike…, I have some good news and some bad news…

Comment by Fake Bill Wednesday, Aug 8, 07 @ 5:10 pm
Congratulations Dawn and Mike.

YDD - there are no protections at state agencies for whistle blowers. The Inspector General’s Office is nothing but a dog and pony show. Trust me on this one.

Congratulations to Dawn and Mike.

Comment by A Whistle Blower Wednesday, Aug 8, 07 @ 5:48 pm
Amateur night at the mansion tonight staring Billy “the kid” Quinlan and Shiela “should be” Nixed! A round of applause for both.

Comment by milROD Wednesday, Aug 8, 07 @ 5:57 pm
J & J had it right. The Governor didn’t file appeals in time because he knew it was a loser. Under this scenario, he can blame a Republican judge for keeping the status quo.

Comment by 4% Wednesday, Aug 8, 07 @ 6:00 pm
Many of you make it sound like these two were complete innocent victims. They were victims for sure, but up until they got thrown under the bus, they were happily doing esactly what they were told to do by the gov’s people, moving favored applications to the head of the line, etc. Hardly innocent. Try to keep things in perspective, please!

Comment by Stop the Dramatics, Please Wednesday, Aug 8, 07 @ 6:08 pm
So, 6:08,

If they were only doing what they were told to do why weren’t the bosses that gave them the orders strung up also?

Oh, that’s right. Holdover employees from republican administrations are singularly responsible for patronage hiring under the democrats. Yeah, sure.

Blagojevich 101:
The buck stops, oh I don’t know, I guess somewhere over there.

Comment by Keeping Things in Perspective Wednesday, Aug 8, 07 @ 6:45 pm
Has anyone stop to think that vast majority of state employees are regular people who don’t have any clout to begin with. They got jobs because they were qualified. But Blago treats everyone that he didn’t give a job too like vermin.

Comment by District 3 Wednesday, Aug 8, 07 @ 6:54 pm
So many on this blog do not know the true story. What was reported in the news was not accurate by any stretch of the imagination. The Blago admin just didn’t prosecute the case correctly. They were guilty of what they were charged with. The reason the higher ups never fell is that the trial ended, coincidentally, right before Mike and Dawn were to testify. The true cost to the state of Illinois is that these two have shown that it is possible to do illegal things and get away with it. They are not heroes; they are beneficiaries of poor prosecution.

Comment by Perspective Two Wednesday, Aug 8, 07 @ 7:00 pm
Nothing but best and brightest for Blago.

Comment by Flounder Wednesday, Aug 8, 07 @ 7:03 pm
CMS workers are dancing tonite like the ewoks at the end of that Star Wars movie. This story will be one of the main things the reporters will be asking Blago about at the state fair parade and ribbon cut, bet on it. I hope Bernie can dig up the final cost to the taxpayers for this misadventure.

Comment by Palpatine Wednesday, Aug 8, 07 @ 7:21 pm
Blago’s going surround himself with women and children at the state fair. The press won’t be able to get near him.

Comment by Stupid is as stupid does. Wednesday, Aug 8, 07 @ 7:29 pm
Congratulations to Dawn and Mike. This is the right decsion. As has been previously mentioned on this post; watch out for what comes next. The administration may try to move/ostracize them to a same class position elsewhere when the intention of the courts was to restore them to their former positions with same job duties and repsonsibilities. I know from first hand experience they will try this.

The other previous observation is also appropriate. This decision is just at the Circuit Court level. The Apppellate Court may issue a stay and reverse. I can’t explain just how frustrating this can be when you first file for, and receive unemployement, then return the unemployment money and receive your back pay, then have it all jeopordized by the appellate court. It makes filing your tax returns a real nightmare. Not that Rod cares about any of this so long as he gets a headline and a scapegoat.

Comment by one of the 35 Wednesday, Aug 8, 07 @ 7:52 pm
Blago and his underlings weren’t smart enough to assume power, watch and study how the GOPers did it for 25 plus years then make their moves. When the GOPers shuffled and shunted state workers the waters boiled underneath but the surface was as smooth as glass. When he assumed the throne their were GOPers in every agency at every level just waiting and watching as the Blagoes churned the employee sea from top to bottom. Added to this mix has been a litany Of ” Blago bungles ” which will surely make him one of the worst governors in Illinois history. The irony : Rank and file Dems who busted their backsides to get Blago in the first time were shut out of state jobs and for the most part the GOPers still dominate the workforce !

Comment by bluedog demo Wednesday, Aug 8, 07 @ 7:55 pm
To Bluedog Demo: Excellent post. You are right on the money. The Republican’s had 25 years to perfect their system. They learned from the Rutan case and figured out all of the loopholes. The problem with Democrats is that they are a lot slower in the intellect category. Give them 50 years in power and they might figure it out.

Comment by southern man Wednesday, Aug 8, 07 @ 8:30 pm
Perspective Two should go to the Civil Service Commission and read the record. Witnesses for the state were the ones who admitted that the charges were false. One witness lied repeatedly as the commission judge found.
The commission’s own judge found that the charges were not proven except for a minor infraction that he recommended should result in a short suspension only. Even that would have been reversed by the courts.
The report noted that DeFraties was trying to change the system before she was transferred.
If someone claims to have the “truth” he or she should read the real facts first.
These 2 proved they were scapegoats and the gov spent millions of tax dollars on false and unfair attacks on state workers over the years and no one has held him accpuntable yet.

Comment by Political Observer Wednesday, Aug 8, 07 @ 8:51 pm
Congratulations to these two victims. However, they can expect Blago’s people to appeal all the way to the Supreme Court. But, contrary to one of the posts, they don’t get their choice of which district to file their appeal. Since the decision was made in the fourth district, the appeal has to be made in that district. Also, their attorney’s fees will continue to increase. Fees that will not be reimbursed, but should be, by Blago. They will get back pay after waiting for months and then hope its enough to cover their legal bills. The best thing they can take from this is that they beat Blago and did not accept being the sacraficial lambs.

Comment by Norseman Wednesday, Aug 8, 07 @ 8:51 pm
It will take 50 years just for them to figure out the mess they created. Ryan was good to many democrats. When this admininstration came to power they wanted their democrats in play, not the ones Ryan put in. So you had democrats fighting with democrats. Many people at CMS take marching orders from the Gov’s office. Actually, CMS is just an extention of the Gov’s office. I don’t see many GOPers in any top or even mid management positions now.

Comment by Blue Dog Wednesday, Aug 8, 07 @ 9:05 pm
Don’t forget from where this originated. It was the OEIG that “made” this case. If anything, this ruling should cause some people to open their eyes at what it is that office is actually investigating and to begin re-evaluating whether its worth the $8million per year to fund such a charade. One of my biggest concerns is the OEIG hung its hat on this case, investing much time and money and perceived it to be a just cause. Maybe its time someone evaluate the OEIG decision making processes prior to their reckless chase for ethical justice.

Comment by No Spin Wednesday, Aug 8, 07 @ 9:31 pm
Political Observer: Which witness lied repeatedly? Just because a court rules a certain way doesn’t always mean they got it right. Does the name O.J. ring a bell? The OIG had the case right; the lawyers put in charge, after it was determined there was enough evidence to go forward, were the ones who bungled it. They were guilty and they were scape-goated. What they did was wrong, plain and simple. Whether they were simply “following orders” is irrelevant. They helped people move ahead of others. Look into a couple of guys named Nevins and Banal. They are the tip of the iceberg.

Comment by Perspective Two Wednesday, Aug 8, 07 @ 9:56 pm
Mike and Dawn,
No sale of violent video games
1.2 Million in vaccine that was wasted
Trying to get rid of Health Alliance HMO
A reading book for every child
Patties wild flowers that never bloomed at 1.5 million dollar’s
Buying illegal drugs from Canada that nobody wants
A failed plan for healthcare that nobody wants but him
A failed Kid First program
Numerous audits ridiculed by the Auditor General
Missed paydays for State workers
A Federal Investigation
Misuse of State Aircraft (PS and it is a State owned Aircraft)
A call for a re-call
Trying to sell the State lottery
Trying to sell the James Thompson Center
Failure after Failure Enough said.

Comment by Sprinflield Watcher Wednesday, Aug 8, 07 @ 10:02 pm
Congrats to Dawn, Mike, and their attorney, Carl Draper. I know Carl, and he is a great guy. I know attorneys get a bad rap, but Carl deserves some credit here. He isn’t political, he just wants to do the right thing. I am glad they called Blago on this and won. Another embarassing day for the Blago administration.

Comment by Holdingontomywallet Wednesday, Aug 8, 07 @ 10:40 pm
Norsemon,

State of Illinois vs Nelson et all

This is the case that resulted from the first set terminations ie Executive Order Number One.

I believe the state (via Winston & Strawn) appealed the decision to the 7th Circuit which issued a stay and subsequent reversal of the Civil Service Commission.

Perhaps it was the Civil Service commission that was appealed as opposed the Judge Kelly decision?

But rest assured the two sides battled over which Court would hear an appeal and it was indeed the D controlled, 7th Circuit Court of Appeals that issued a stay, and later reversed the earlier decision (reinstatement w/back pay) .

Their opinion was a near match to brief filed by Winston& Strawn.One might even say plagiarism
;-)
The state workers never had a chance in that court….

Comment by Larry Mullholland Wednesday, Aug 8, 07 @ 10:42 pm
Perspective Two, you have no idea what you’re talking about. Truly.

Comment by Rich Miller Wednesday, Aug 8, 07 @ 11:16 pm
Adding… The Blagojevich patronage office ordered DeFraties to move people ahead. She did some of it, but not most of it. They got caught with their hand in the cookie jar and tried to make her take the fall. Wrong person. Her basement was full of boxes of e-mails, memos and faxes. Hardly the actions of a guilty person.

Notice I say “was full.” The feds have that stuff now.

But nice try.

Comment by Rich Miller Wednesday, Aug 8, 07 @ 11:19 pm
Looks like it might be time to update Blago’s Wikipedia entry… seen it lately?

Comment by Gregor Samsa Wednesday, Aug 8, 07 @ 11:53 pm
wonder how BlunderBoyBlaggo will blame the Madigan’s for this one?
Word on the Street is that a case of the sniffles ia being developed at BlunderBoy’s estate and he will rush home to tend to the illness — and sadly miss the parade.

Comment by Mr. W.T. Rush Thursday, Aug 9, 07 @ 6:48 am
Rich,
I don’t dispute that they were simply following orders. Of course they were. They wanted to keep their jobs. But that still doesn’t absolve them of the fact that they did exactly what they were charged with. They were not trying to fix the system. They simply tapped into a system that had already been in place.

Comment by Perspective Two Thursday, Aug 9, 07 @ 6:59 am
“Governor Rod Blagojevich cited their case as a key example of his ability to fight corruption.”

See? The Governor gets it right now and then! This is a key example of his ability, isn’t it?

Comment by VanillaMan Thursday, Aug 9, 07 @ 8:40 am