Thursday, June 27

LDC future still in limbo

[JUNE 27, 2002]  Appellate court judges heard arguments yesterday about the injunction that is keeping Lincoln Developmental Center open, but after debating legal points with attorneys from both sides the court recessed without giving any indication of what its decision will be.

The state of Illinois, representing the Department of Human Services, which operates LDC, would like to have the case dismissed and be able to begin moving residents from the Lincoln campus. They would like to have the facility empty by Sept. 1 of this year.

 

The plaintiffs are seeking ways to keep the beleaguered facility open. They would like to keep the injunction in force at least until a public hearing by the Illinois Health Facilities Planning Board in mid-August.

The injunction handed down last March by Logan County Associate Circuit Judge Don Behle prevents DHS from moving any more of the facility’s residents.

At the time of Judge Behle’s ruling, DHS planned to move all but 100 residents from the Lincoln campus. Later Gov. George Ryan announced a complete closure of LDC and vetoed its $35 million budget for next year. About $5 million remains to operate the center until it can be closed. Only the court actions are standing in the way of emptying the 125-year-old facility of about 242 residents and putting more than 500 employees out of work.

 

In question before the appellate court are several legal issues, including whether the plaintiffs in fact have the legal standing to pursue the case. Steven Puiszis, the attorney representing the DHS, argued that the plaintiffs have no right to bring a legal action against DHS because the only party authorized to pursue such action is the attorney general’s office.

Plaintiffs are American Federation of State, County and Municipal Employees, which represents most of the workers at LDC; Norlan and Eleanor Newmister, parents of an LDC resident; state Sen. Larry Bomke; and Don Todd, president of AFSCME Local 425.

Puiszis argued that none of the plaintiffs, not even the parents of a resident, have legal standing to bring an action, even though in trial court Judge Behle decided they did have that right.

The attorneys representing the defendants, which include Gov. Ryan, Secretary of the Department of Human Services Linda Renee Baker and other state officers, are from the attorney general’s office, as required by law. If, as the state contends, only the attorney general’s office can bring action against DHS, then the same office that is defending the case would also be the agency prosecuting it. Puiszis told the court there have been cases when the attorney general’s office represented more than one state agency, citing the Environmental Protection Agency vs. Pollution Control Board.

 

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One of the panel of three appellate judges, Bob Steigmann, questioned the attorney for the plaintiffs, Steve Yokich, closely on the question of standing.

"What authority have lawmakers given to you under this act to pursue the right of legal action?" Steigmann asked. He said only one sentence in the act appears to give private parties the right to sue.

Yokich argued that the act does not rule out private action, and if the General Assembly had meant to limit the rights of citizens to take legal action they would have stated that plainly.

Puiszis also told the court that the legislature has not budgeted funds to keep LDC open for the coming fiscal year, which starts July 1.

Steigmann questioned Yokich on hosw the facility would be funded if kept open. "Neither the planning board nor this court nor any court can order the General Assembly to fund it if they don’t want to," he said.

 

Yokich quoted Gov. Ryan as saying he was not closing LDC for budgetary reasons, so the funding decision was "not irreversible." Gov. Ryan has maintained that he is closing LDC for the health and safety of the residents, not to help the state’s budget.

The other two judges on the appellate panel are Sue Meyerscaugh and Thomas Appleton.

Another question yet to be resolved is whether DHS must have a permit from the Illinois Health Facilities Planning Board in hand before it can begin moving residents, or whether the agency can move people as soon as they apply for a permit. Although the state contended it did not need permits to move residents out of LDC when it was to be downsized, Puiszis did agree that the law says a permit is required to close LDC and said DHS has already applied for it.

 

Before granting the permit, the IHFPB must hold a public hearing, scheduled for Aug. 15. Yokich said he has filed another motion with Behle that DHS must actually obtain the permit before people can be moved. He said he had no date yet for the hearing in Logan County Circuit Court.

Don Todd said DHS is ready to move about 70 people as soon as the injunction is dissolved. He said DHS has already held meetings with other facilities, mostly state-operated facilities, which have beds and can accommodate LDC residents.

[Joan Crabb]

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Gov. Ryan signs early retirement bill

[JUNE 27, 2002]  CHICAGO — Gov. George Ryan signed House Bill 2671 on Tuesday, allowing eligible state employees to purchase up to five years of service in order to qualify for early retirement.

“Creating this opportunity for early retirement was just one of the components that helped us put together a balanced budget for Fiscal Year 2003,” said Gov. Ryan. “We estimate that in the next fiscal year alone, this provision could save the General Revenue Fund approximately $64.5 million.”

For early retirement, state employees must be active in payroll status in June 2002, on layoff status with the right to reemployment/recall, or on disability leave for not more than two years. They must have eight years of participation in the State Employees Retirement System. Members may not have received any retirement annuity beginning earlier than Aug. 1, 2002.

 

Before Dec. 31, eligible employees must submit a written application requesting early retirement effective no later than Dec. 31. Eight years of State Employees Retirement Service must be accumulated without the use of the five-year benefit provided by HB 2671.

 

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The eligibility requirements of the early retirement incentive enhancement are:

•  13 years of service (including five years of early retirement incentive service) at age 60.

•  25 years of service at age 55 (reduction in benefits between ages 55 and 60 is waived under the early retirement incentive).

•  Rule of 85 (age plus years of service credit equals 85 years).

The State Finance Act has also been amended by HB 2671 to prohibit state employees who take advantage of the early retirement incentive from being hired back on a contractual basis.

According to the State Employees Retirement System, over 20,000 state employees will be eligible for early retirement, and an estimated 7,365 employees will participate. One-half of the vacated positions will not be filled, providing an estimated savings of $64.5 million in the General Revenue Fund during FY 2003 and $184.3 million for FY 2004.

[Illinois Government News Network
press release]

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