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* The state has filed an appeal in its case to get out from under the oversight of the Shakman Decree. From the Cook County Record…
In the new filing, Pritzker’s lawyers argue the federal courts have overstepped their bounds in refusing to lift a court decree subjecting the state’s hiring practices to court scrutiny.
Pritzker’s lawyers said a federal judge erred in refusing to accept Pritzker’s assertions that the state governor has “demonstrated commitment to compliance with federal law,” which forbids political patronage hiring practices, like those for which cities, counties and state agencies in Illinois have gained notoriety through the years.
Pritzker claimed the federal court’s continued “decades-long supervision … of the day-to-day operations of state and local governments” in Illinois “exemplify” concerns that Seventh Circuit judges have expressed over federalism, a principle of U.S. government which limits the reach of the federal government into state affairs.
And the governor asserted court-appointed hiring overseers – known by the title “special masters” – have yet to identify any “ongoing violations” of federal law in Illinois government hiring practices.
“Ongoing federal oversight of a State’s operations can be justified only by evidence of ongoing violations of federal law—but neither the plaintiffs, the special master, nor the district court have identified any ongoing violations …, much less the kind of systemwide violations necessary to warrant continued statewide oversight,” Pritzker’s lawyers wrote in their brief. […]
Pritzker’s lawyers asserted the decrees should be tossed, in part, because Shakman and Lurie lack standing under the law as plaintiffs in these matters.
The judges, Pritzker argued, have improperly simply replaced Shakman and his co-plaintiffs with “the proper plaintiffs – state employees,” whose First Amendment rights would be violated by allowing state agencies to hire, fire or refuse to promote workers based on their political beliefs and allegiances.
The appellate brief is here.
What do you think?
posted by Rich Miller
Wednesday, Jul 14, 21 @ 11:06 am
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High time, and kudos to Pritzker and team to have the guts to do this. The special masters are grifters taking in millions of public dollars and producing no results. Get rid of them.
Comment by Excitable Boy Wednesday, Jul 14, 21 @ 11:21 am
Grifters is about the most polite word to use. They add nothing to the process.
Comment by Annon3 Wednesday, Jul 14, 21 @ 11:41 am
Time for them to go and they have hindered hiring of staff, since the Rauner administration
Comment by JMJ Wednesday, Jul 14, 21 @ 11:53 am
The way they inserted themselves into the exempt position process - along with the OEIG (though with the administration’s blessing) - led to them breaking something that did not need fixing. No wonder State hiring is now as bogged down as ever.
Comment by Original Rambler Wednesday, Jul 14, 21 @ 12:00 pm
Appreciate the concerns people expressed about the Shakman Decree.
I voted for Pritzker, but increasing just don’t trust him to run government fairly.
The cannabis licensing and the article today about the problems the BGA is having concerning a FOIA request among other things lead me to believe taxpayers need oversight in the hiring area given the way Team Pritzker operates.
Comment by Back to the Future Wednesday, Jul 14, 21 @ 12:03 pm
== BGA is having concerning a FOIA request ==
Yeah God forbid the Friends of Bruce Rauner have to show some patience with state employees who have to waste time (meaning taxpayer dollars) scanning hundreds or sometimes thousands of old records. The lucrative cottage industry that goo-goo’s have built here in Illinois isn’t going to collapse anytime soon.
Comment by Lester Holt’s Mustache Wednesday, Jul 14, 21 @ 12:42 pm
To Original Rambler 7/14 “No wonder State hiring is now bogged down as ever”.
Shakman has little to nothing to do with the delay; it’s a cumbersome, slow, and defective hiring process in its own right. State insiders report hiring taking several months for even low-level non-exempt positions under normal circumstance, not because of the decree.
Comment by thisjustinagain Wednesday, Jul 14, 21 @ 12:45 pm
Good work, JB!!! time to get this nonsense out of state government. we can’t operate with a 1 year hiring process. The personnel departments have used the Special Master as their excuse for everything. This is an a-political common sense change (fingers crossed).
Comment by Merica Wednesday, Jul 14, 21 @ 12:49 pm
If the feds took a look at tollway hiring lately they would have a case to stay on
Comment by Drake Mallard Wednesday, Jul 14, 21 @ 12:54 pm
Insiders may see the obvious flaws in the process and cheer Pritzker. But this is a bad look from the standpoint of recent newsworthy issues with Illinois government staffing and hiring, where “getting out from under” something and “tossing decrees” may appear somewhat skeevy to some.
Comment by Responsa Wednesday, Jul 14, 21 @ 1:31 pm
Of course the hiring process appears slow
They have to follow rules
It’s quick and easy to hand out jobs like candy
Comment by Nick Wednesday, Jul 14, 21 @ 1:36 pm
===But this is a bad look===
Your perception is not necessarily reality. Try focusing on reality.
Comment by Rich Miller Wednesday, Jul 14, 21 @ 1:39 pm
If anything, between a global pandemic, an insurrection, the upheaval of all things 2020…
… if one’s vote hinges on Shackman…
Bless you.
To the post,
There’s enough noise out there to allow Pritzker to take this as far as he wants. So, why not press it.
Comment by Oswego Willy Wednesday, Jul 14, 21 @ 1:43 pm
Agree with OW that no one is going to base his or her vote on the Shakman Case (unless, of course, that person is Shakman).
The Court Order is about 50 years old and a lot has changed in 50 years, but thinking some federal oversight in hiring is still a good idea.
While we all might not like the idea of an oversight program, it appears to have worked well enough that the hiring problems have been addressed and we haven’t had the kind of problems we had in the past.
Comment by Back to the Future Wednesday, Jul 14, 21 @ 3:01 pm
While we all might not like the idea of an oversight program, it appears to have worked well enough that the hiring problems have been addressed and we haven’t had the kind of problems we had in the past.
Chapa LaVia stands out.
Comment by Miso Wednesday, Jul 14, 21 @ 4:20 pm
Back to the future, there’s hiring monitoring outside of the consent decree: https://www2.illinois.gov/oeig/HEM/Pages/default.aspx
The previous comments are right, this issue will not move voters and I appreciate having a governor who doesn’t always focus on the perception of an issue and does what’s in the best interest of the state. Miso, what does Chapa LaVia have to do with this discussion? If there’s anybody who wouldn’t fall under this it’s an Agency director.
Comment by MyTwoCents Wednesday, Jul 14, 21 @ 4:49 pm
- Chapa LaVia stands out. -
That has nothing to do with this. Governors can hire whomever they want for exempt positions. This is not a difficult concept.
Comment by Excitable Boy Wednesday, Jul 14, 21 @ 6:34 pm
The Special Master and Michael Shakman have billed Illinois taxpayers enough. Governor Pritzker is right to call for an end to the racket.
Comment by Chuck Button Wednesday, Jul 14, 21 @ 7:12 pm
===That has nothing to do with this===
Exactly. If you can’t tell the difference between a civil service hire and a director nomination, you really should go back to Facebook.
Comment by Rich Miller Wednesday, Jul 14, 21 @ 8:03 pm