Judge to Rule Friday on Lawsuit by Regional School Superintendents

A Sangamon County judge says he will announce his decision on Friday in the salary dispute between Gov. Pat Quinn and regional school superintendents who aren't getting paid.

The state's 44 regional superintendents kept working this summer, even after Gov. Quinn vetoed their salaries out of the state budget. Quinn has said the state can't afford to continue paying them, but the superintendents are suing to force the state to pay up.

"We don't dispute that the constitution gives the governor the authority to engage in item vetoes, but we're saying its without consequence in this case," said Charles Schmadeke, the superintendents' attorney.

Schmadeke argues Quinn's budget veto isn't the end all be all it normally would be, because there is a state law explicitly creating superintendent's positions and their salaries.

"The General Assembly has the ability to create offices and it also has the ability to eliminate offices," Schmadeke said. "Our point of view is that is a legislative function, not one of the executive. And especially when the General Assembly has been so specifically clear about what people should do and how they should be paid."

The state contends the salaries cannot be paid without an appropriation in the budget.

Sangamon County Judge John Schmidt said he is "aghast" at the state's position the veto isn't creating hardship. But he nonetheless is wary of how far the judiciary can interfere with the executive branch.

Regional superintendents perform a variety of duties, from inspecting school buildings to running GED programs.