Illinois Public Media News
(With additional reporting from Illinois Public Media)
Illinois' Supreme Court has ruled that a statewide construction program is constitutional. This reverses an appellate court ruling that threw the $31 billion plan into doubt.
The case involves a plan lawmakers approved in 2009. They decided to pay for the construction by raising taxes on liquor and candy, as well as legalizing video gambling at bars and truck stops.
The projects have created construction jobs across Illinois.
In the much anticipated final ruling on the legislation, all seven justices sided with Gov. Pat Quinn and the bipartisan leadership in the legislature, which endorsed the plan.
Justice Anne Burke wrote that "capital projects" - including those for roads, schools and bridges - is a "legitimate single subject." Burke added that the rest of the bill - including new taxes and expanded video gambling to pay for the projects - have a "natural and logical connection to that subject."
Governor Pat Quinn expressed his gratitude for the ruling.
"It was enacted by the legislature, signed by the Governor - the executive branch, upheld by the judicial branch," Quinn said. "Now we have a law now that's a model for building in our state, and in every other state."
Union officials, like AFL-CIO President Michael Carrigan, say Illinois workers should welcome a court ruling.
Carrigan said the court's decision protects a program that puts Illinois "solidly at the forefront'' in job creation by keeping construction workers, manufacturers, and suppliers doing the kind of work that moves a community forward.
"When you sit down with the various communities, the regions, their economic development arm, practically every one of those councils as part of what they need for their community to go forward is some kind of infrastructure improvement," Carrigan said. "Whether it's widening two lanes to four lanes, whether it's a bypass, a bridge."
James Sweeney of the International Union of Operating Engineers said the ruling removes "a black cloud'' hanging over jobs that support hundreds of thousands of people.
The lawsuit was brought by Chicago Blackhawks owner Rocky Wirtz, who also owns a liquor distributorship. He argued the law was unconstitutional that it increased the tax on liquor by more than $4 a gallon while the new tax on beer went up less than five cents. Wirtz's attorneys also alleged the package violated a requirement that laws stick to a single subject.
The Illinois Supreme Court's decision may have an impact on how legislators draft future bills, according to University of Illinois political science professor Jim Nowlan.
The court unanimously decided that the package of different tax increases and gambling expansion to pay for the program did not violate a rule that bills only cover one subject, but Nowlan said the argument over just what constitutes a single subject is not over.
"The revenue increases, which were of various types, were all necessary and pertinent to support the capital construction," Nowlan said. "I think the single subject requirement of the constitution will be revisited in the future as suggested by this trail of litigation."
Nowlan said the courts are still refining the definition of a "single subject," and legislators may try again to wrap future topics together under one overarching objective like capital construction.
(With additional reporting by Illinois Public Media)
A major state employee union has filed a federal lawsuit over Illinois Governor Pat Quinn's decision to cancel raises for thousands of workers.
The American Federation of State, County and Municipal Employees filed the suit Friday in Springfield, arguing that the Governor's action is a violation of provisions against the impairment of contracts found in the U.S. and Illinois Constitutions. The union says by violating the union's collective bargaining agreement, it amounts to a breach of contract under the Illinois Public Labor Relations Act.
AFSCME Council 31 Executive Director Henry Bayer says its members "deserve to know that their employer, the governor, will keep his word and honor his commitments under the law."
The union's suit asks a federal judge to rescind a pay freeze recently announced by Quinn.
On Thursday, the union announced it had sought an arbitrator's ruling on Quinn's decision last week to ditch $75 million in raises for 30,000 workers to help deal with the state's budget crisis.
The head of a group representing Illinois regional superintendents says the state's regional education offices will remain open despite Gov. Pat Quinn's veto of funding for salaries.
Bob Daiber is president of the Illinois Association of Regional Superintendents of Schools. He said Friday regional superintendents will fulfill their duties, which include inspecting schools and checking employee backgrounds.
He says the group met with Quinn's staff about how to pay superintendents and their assistants. He says there will be future meetings to work out details.
Quinn used his veto power to eliminate $11.3 million for the superintendents before he signed the budget last week.
The state's budget director has said the 44 superintendents may go without pay for several months until a deal can be worked out with lawmakers.
The state's largest public employees union is asking an arbitrator to decide if Governor Pat Quinn can cancel members' promised pay raises.
About 30,00 AFSCME members may not get their two percent raise this year. Quinn has cancelled some state workers' scheduled pay increases, but not if AFSCME has its way. The group has called on the same arbitrator who mediated the last time Quinn and AFSCME fought, after the governor's 2010 attempt to layoff employees. That agreement ended with Quinn promising no layoffs in exchange for AFSCME members taking voluntary furloughs and deferring their raises.
Now AFSCME wants that arbitrator to decide if by rescinding those raises, Quinn is violating the union's contract. AFSCME spokesman Anders Lindall said the union could still also take the governor to state or federal court.
"We're reviewing all of our, all of our options," Lindall said. "We've always said that we'll pursue every avenue."
Each side has to have briefs filed by July 16th. The union is also going to picket on Tuesday.
Quinn said it is not a breach of contract because state expenditures are subject to appropriations. The budget legislators crafted and he signed does not have the necessary $75 million to pay for the wage hikes.
AFSCME had supported Quinn, a Democrat, in November's election. Just prior to that endorsement, the union agreed to defer raises while Quinn guaranteed two years without layoffs.
Legislation that was initiated in Champaign County is expected to expand and diversify Illinois' jury pools.
University of Illinois Law Professor Steve Beckett has tracked the makeup of jury pools for the past seven years. He says county officials have made some effort to increase participation in juries by shortening the jury term from two weeks to one week.
Courts have been relying on lists of registered voters and those with their driver's license to make up jury pools. But Beckett says the National Center for State Courts recommended to a Champaign County Committee that unemployment lists be tapped as well.
"Arguably, you would you miss someone who was not registered to vote, doesn't have a driver's license, but could be receiving unemployment benefits," he said. "And so that's the idea, I think, is that the broader the pool, the greater we enhance the chances of diversity in our juries."
Jennifer Putman with Champaign County's Citizens Advisory Committee on Jury Service says the Secretary of State's office often has dated contact information.
"The courts spend a lot of money mailing out jury qualification questionnaires and summonses to addresses where the respondent has moved," she said. "And because the Illinois Department of Employment Security has up-to-date information, we're expecting more accurate results when we mail to that group of individuals."
The bill was signed by Governor Pat Quinn last week. House Democrat and sponsor Naomi Jakobsson of Urbana says it makes sense to include another block of people with solid contact information. Putman's committee plans to analyze jury pool numbers by this time next year, to ensure the legislation is working. The panel is also working to increase the daily 10-dollar stipend that jurors receive, but Putman says that's a pipe dream right now, given Illinois' financial state.
Most University of Illinois employees should soon get their first standard raises in three years.
U of I president Michael Hogan emailed faculty and staff Tuesday, saying the current budget allows for a 3% increase in the salary pool. Most employees had gone without raises since 2008 - and many effectively lost pay through furloughs last year.
In March, Hogan told a Senate committee that employee pay was a top concern:
"We have not had a general salary program since August of 2008, and of course we had furlough days last year," Hogan said. "And so addressing this problem and retaining our very best faculty has got to be one of my top priorities in the coming year."
Giving raises could help to alleviate the number of faculty leaving the U of I system for other, better-paying jobs.
University spokesman Jan Dennis said state lawmakers were more sympathetic to higher education this year, approving only a one-percent overall reduction in this year's budget.
"We also have implemented cost containment measures on our own that have saved more than $14 million in the first year," Dennis said. "That combination, along with fundraising and other initiatives on campus, enabled us to come up with the pot of money to provide raises for employees this year."
Dennis said the U of I will also honor union contracts that call for changes in their negotiated pay-raise schedules based on university-wide wage programs.
He said the average hike should be about 3%, but individual units will be able to adjust the raises based on merit.
Read Michael Hogan's E-Mail About the Raises:
We've faced many challenges in recent years and I deeply appreciate how hard you've all been working throughout these difficult times. I've stated all year that one of my top priorities has been to avoid furlough days and strive to find enough cost savings to restore merit-based compensation programs.
I'm pleased to announce that our cost-savings measures and careful planning on all our campuses has helped us in this regard. We've been able to identify funding to enable the first campus salary program for our faculty and academic professionals in nearly three years. This program authorizes the chancellors on each campus to use 3.0% of the salary pool for merit-based compensation adjustments. The same program will be implemented for the University Administration. This modest allocation is well-deserved for our hardworking employees who have faced salary freezes for consecutive years, as well as effective compensation losses in FY 2010 as a result of furlough days.
Many of our collective bargaining units have contractual language that provides for pay adjustments based on the campus wage program, if the campus wage program is greater than previously negotiated pay adjustments for the same period. I will, of course, honor those agreements. For any negotiated groups that do not have such considerations in their contracts, the University will be willing to explore similar arrangements for this time period.
I couldn't be more proud of our great University, which is made possible by our outstanding faculty and staff, who have worked hard to continue to make this university the best it can be. We still have challenges ahead, but I know that by working together, continuing to streamline our administration and cut costs, we will continue to become stronger than ever.
Once more, I thank you for your commitment to the University and your ongoing support for our efforts to streamline operations and save costs, while also improving our programs.
Michael J. Hogan President University of Illinois
The organization overseeing Provena's hospitals in Urbana and Danville has agreed to a merger to create the state's largest Catholic hospital system.
Exploratory talks with Chicago-based Resurrection Health Care have gone on since February. The union with Mokena-based Provena Health still requires the approval of the state, which could happen this fall. Provena spokeswoman Lisa Lagger said as the merger was explored, areas provided by one hospital system seemed to better serve in where the other wasn't as strong, including behavioral health and home care agencies.
"So you can see a very comprehensive array of services and offerings. and it's all very complimentary in its nature in that we don't compete with other Resurrection hospitals, for example in our markets," Lagger said. "And it's from a complimentary geographical base."
Outside of Urbana and Danville, Provena primarily serves Illinois' so-called collar counties, which includes cities like Joliet and Aurora, while Resurrection primarily operates in Chicago. Resurrection spokesman Brian Crawford said one focus of building a patient- family center care environment is to better care for someone long after their hospital stay.
"We really the ability here to build, I think, what could be a very unique system that treats people in the hospital when they need to be in the hospital, but then also does follow-up care through our non-acute facilities," he said. "It keeps track of patients to make sure they don't end up back in the hospital, which is also very costly to the patient themselves."
Crawford said there should also be cost savings incurred by closing down information systems and a corporate office for one of the hospital systems. The combined system would provide more than 100 sites, including 12 hospitals, 28 long-term care and senior residential centers, and more than 50 clinics.
Lagger said the Illinois Health Facilities Services Review Board could approve the merger by October.
Illinois Gov. Pat Quinn said Tuesday he was prepared to go to court against the unions to defend his decision to cancel pay raises for nearly 30,000 state workers and he repeatedly blamed lawmakers for leaving him no choice by not setting aside the money.
"It's very clear that the money wasn't available for the raises and therefore there's really nothing I could do to clear it up," Quinn said after a Chicago press conference where he touted a $10 million program to give teens and young people internships and jobs in state parks, park districts and nature centers.
Quinn made the surprise announcement Friday that workers wouldn't be getting the 2 percent increase they were expecting that day. The state's largest employee union, the American Federation of State, County and Municipal Employees, said it had no idea Quinn was considering such action.
The raises will save the state about $75 million as it continues to cope with a budget crisis. The state still faces a shortfall of at least $6 billion and possibly more than $9 billion despite cutting costs and raising the state income tax.
Quinn brushed off suggestions that his action came as a surprise. "Anyone with a rudimentary knowledge of the budget would know this," he said.
Quinn's budget spokeswoman Kelly Kraft said the governor began thinking about cancelling the raises after lawmakers approved the budget on May 30. He did not tell workers they were losing the money until July 1.
Quinn insisted he's following the law because he can't spend money the General Assembly doesn't appropriate but AFSCME has condemned Quinn's actions.
"The General Assembly neither did nor can compel the government to violate a legally binding collective bargaining agreement," said Anders Lindall, a spokesman for AFSCME Council 31.
Lindall said the union was considering its legal options and believes it has a "very strong case in a court of law."
Quinn wasn't concerned about what could potentially be a long and costly legal battle. "If they decide to sue that's their right and we'll be happy to meet them in court," he said.
While Quinn said repeatedly that lawmakers did not set aside money in the budget to pay the raises, that's not entirely accurate.
It's true that lawmakers cut spending for salaries despite the scheduled raises. The Corrections Department, for instance, saw personnel money drop by 7 percent. But budgets don't distinguish between regular salaries and raises; they simply give the governor a certain amount of money for employees. The governor decides how to spend the money.
So, potentially, Quinn could have cut some jobs and used the limited money available to pay the full raises to remaining employees. Or he could have paid everyone the higher salaries and come back to lawmakers in October and requested more money. He also had the option of vetoing the budget and telling legislators they failed to include enough money for personnel.
House Speaker Michael Madigan's spokesman said it's up to Quinn's administration and state agencies to decide how to spend the money lawmakers appropriate.
"We don't get involved in that level of detail," Madigan spokesman Steve Brown said.
Senate President John Cullerton's spokeswoman Rikeesha Phelon said Quinn's decision to end the raises will be added "to the list of items in the current year's budget that need to be addressed in the coming weeks and months."
(AP Photo/Seth Perlman, File)
With about 50 jobs eliminated in Champaign as part of a round of budget cuts over the last few years, AFSCME local 31 says some of those positions should be saved - especially as city department heads and the city manager are poised to receive a two percent pay hike.
One area impacted by recent budget cuts is the Champaign Police Department, which could lose a few positions that would keep the front desk from staying open overnight. At a time when administrator salaries are going up, AFSCME spokesperson Michael Wilmore said the city should do more to keep the front desk open 24 hours a day.
"We are trying to draw attention to the fact that they're giving themselves raises," Wilmore said. "It is really insulting to the workers and to the citizens of Champaign."
The Champaign City Council considered a liquor tax in June to restore funding for three of the department's front desk positions and one of its record services positions, but that measure failed to get enough support.
There are currently two out of three three positions at the police department's front desk that are vacant. No changes in the status of these jobs will occur until the Champaign City Council provides more direction, which means for now, the two vacated positions will not be filled and the third position will not be eliminated. The city council is expected to discuss potential new sources of revenue and the future of those jobs during its July 12th meeting.
Champaign Mayor Don Gerard said he is hopeful that the city will find a way to keep the front desk staffed all the time.
"Those positions are vital to the support of the police staff," Gerard said. "I voted against not giving the city manager a raise not because I didn't think he deserved it, but because from a leadership standpoint in these budgetary times, we need to have shared responsibility."
City Manager Steve Carter, whose salary will go up by two percent, defended the pay increases for non-union employees. Carter has not received a pay raise for the last couple of years. He noted many of the other non-union workers who are expected to make more money this year also did not get a raise last year.
"If there has been a group of employees that have scarified - if you will - recognizing the budget condition, it has been the non-union employees," Carter said. "All the union employees, including AFSCME, have received salary increases all along based on contracts, some in existence and some negotiated."
Union workers from the Fraternal Order of Police and the Plumbers and Pipefitters saw their salaries go up last year, and continue to rise this year. However, no future pay raises have been budgeted for AFSCME workers since contract negations with the city are ongoing.
The Regional Superintendent of Schools for Champaign and Ford Counties says it is too early to speculate on the long-term impact of Gov. Pat Quinn's cuts to her office and others like it.
The Democratic governor signed a budget Thursday night that would cut salaries for Jane Quinlan and her assistant. The Quinn administration suggests local school districts should pick up those salaries. He has also cut out funds for professional development and training at regional superintendents' offices across the state.
But Quinlan said state lawmakers would have to decide whether to challenge those changes in the fall. For the time being, Quinlan is starting a new four-year term, and she said legislators appear to back that.
"It was put back in both the House budget and the Senate budget," Quinlan said. "The governor had vetoed it again, which would take it back to what his original proposal was. There are some comments in the newspapers that indicate that he thinks it might be paid from other sources, or from county sources. But I haven't really seen a plan for that."
Quinlan said she hopes to learn more about the governor's plan next week. Champaign Unit 4 School Board President Sue Grey said she intends to contact legislators to express her concerns about the budget cuts.
Like Quinlan, Peoria's Regional Superintendent of Schools was sworn in Friday to another term in office. Gerry Brookhart said the Illinois Association of School Superintendents will likely file an injunction to block Quinn's action.
"Myself and our staff will continue to work and the legal entanglement that this will create will probable take some time," Brookhart said. "Ultimately, it will be sorted out and the public will get what we think they really want and deserve which is good quality education delivered in a very effective and meaningful fashion."
The Executive Director of the IARS, Michael McCreery, said he is 'baffled and miffed' by the governor's decision to cut funding for regional school superintendents. Brookhart said the Peoria office brought in $16 million in revenue last year. He said Regional Offices statewide are responsible for more than $100 million in annual revenue. Brookhart said that makes it hard to understand why the governor would cut $11 million and jeopardize ten times that in revenue.
Meanwhile, Mary Fergus with Illinois Association of School Boards said her office has not had a chance to analyze the governor's plan.
There are 46 Regional Offices of Education in the state. Their duties include certifying teachers, overseeing school inspections, and running GED exams.
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