[MARCH 27, 2002]  Mayor Beth Davis is urging everyone to support the bill introduced by state Reps. Bill Mitchell, R-Forsythe, and Jonathan Wright, R-Hartsburg, for funding to keep 240 residents at the Lincoln Developmental Center instead of the 100 proposed by Gov. George Ryan. On Tuesday she gave members of the Lincoln City Council a memo noting the most important legislators to contact to help support the bill. The memo follows:

Per our press conference this morning [March 25] with Representative Bill Mitchell and Representative Jonathan Wright, everyone on the City Council, the Logan County Board, friends, family, LDC staff and LDC parents are being requested to contact all of our Illinois Representatives and Senators to support House Bill 5976, which will change the minimum resident levels from 100 up to 240 and the minimum staffing levels from 200 up to 480 employees. This proposed bill is most definitely an improvement to Governor George Ryan’s directive.

The first three most important Illinois Representatives to contact to move the proposed HB5976 out of the Illinois House’s Rules Committee are:

Please make these telephone calls or fax letters to the senators and representatives throughout Illinois in this of a few last-ditch efforts to save LDC!

Thanks,

Beth Davis

[MARCH 27, 2002]  A call from the attorney representing a firm that builds Community Integrated Living Arrangements, or CILAs, has the city of Lincoln doing a quick re-examination of its R-1 zoning ordinance to avoid facing a federal lawsuit.

City Attorney Bill Bates told the council at its Tuesday work session that he had received a call from David Krchak, attorney for the Charleston Transitional Facilities, telling him that on April 16 the firm will be applying to the city for a building permit for a group home on a lot zoned R-1.

At present the city’s zoning ordinance prohibits group homes in areas zoned R-1. On March 4, Krchak attended the council meeting and said he believed the city’s ordinance was illegal because it violated the federal Fair Housing Act, passed in 1988. He said his firm has plans to build eight group homes in the Lincoln area to house 64 residents who are to be moved out of Lincoln Developmental Center under Gov. George Ryan’s downsizing plan. Each home would house eight residents.

He said the firm wants to have two of the homes built and operating by July 1, the date by which Gov. Ryan hopes to have cut the LDC population to 100 residents. Krchak said then that at least one of the sites his firm was considering is in a developing subdivision and is zoned R-1 and that the firm wanted to begin construction on that site by April 1.

At a meeting March 12, Bates told the council that he had been researching the issue of illegal zoning but was not yet able to tell the council the city’s zoning ordinance is illegal. The city took no steps to change the ordinance, and Bates said then he would continue looking into the issue.

On Tuesday Bates said he believed the zoning ordinance "does have some flaws," and conceded that he had no experience in the area of the law that deals with discrimination in housing. He suggested retaining an attorney who has experience in that field to tell the city how they should draft a new zoning ordinance.

"I can’t do it by April 16, nor do I think anybody locally can," Bates said. He suggested a lawyer in Springfield who has been working with fair housing issues for 10 years. "I would consider him an expert in that area," he added.

"If we deny that permit, are we looking at a lawsuit?" Alderman Pat Madigan asked.

"I would anticipate a federal lawsuit," Bates replied. He quoted the Charleston firm’s attorney as saying he is "100 percent certain he can win a lawsuit against the city."

The Springfield attorney’s fee is $165 per hour, Bates said.

"This is money that needs to be spent," Madigan replied. "Rather than bending to pressure, we need to get this situation right so it doesn’t come back to bite us."

[to top of second column in this article]

Bates said he would get a copy of the city’s ordinance to the attorney and find out what it will cost the city to get expert advice. However, he added, "The cold-hearted reality is we can’t have a new ordinance in place by April 16."

Even if the expert attorney responds quickly, the city must still hold a public hearing before making a change in the ordinance, and it cannot hold the hearing until 15 days after a notice of the hearing has been published, he pointed out.

"Would the Charleston group be willing to delay the application for the building permit?" Madigan asked.

Bates replied that he had been told the firm was closing on the property on or before April 16 and expected to request a building permit when they closed.

Zoning officer Les Last is required to issue a building permit in a residential area no more than 10 days after the application, according to the city code. However, Last pointed out, if the code is not changed, he cannot issue a permit for a group home.

Lincoln Daily News spoke with Krchak Wednesday morning. He said he had talked to Bates before the March 26 meeting.

"Mr. Bates and I were both in agreement that the present zoning ordinance is highly suspect. I believe Mr. Bates and I were both certain the present ordinance is in violation [of the Fair Housing Act]."

However, he added, "If the city is moving forward to setting up a public hearing and putting procedures in place to amend its zoning ordinance, we would be willing to work with them."

He said the Charleston company still plans to apply for a building permit for the R-1 lot, which is located in the Stonebridge subdivision, and will move forward to construct that particular group home.

He confirmed that eight group homes were in the company’s long-term plan, and that the short-term plan called for having two up and running by July 1. The second group home in the short-term plan is in an area zoned R-2, he said. Under the city’s present code, group homes are permitted in R-2.

Krchak said some of the group homes might be constructed in Mason County.

[Joan Crabb]

Related articles:

•  "New CILAs proposed to house LDC residents," posted in LDN on March 5

•  "City not ready to change R-1 zoning for CILAs," posted in LDN on March 13

[MARCH 27, 2002]  SPRINGFIELD — Gov. George Ryan announced today that lawyers for the state have asked a Kane County Circuit Court to compel the largest state employee union to fully comply with their collective bargaining agreement because the union has previously disregarded provisions that allow the state to manage its work force.

The governor also announced that the state has charged the American Federation of State, County and Municipal Employees with unfair labor practices before the Illinois State Labor Relations Board. The union has ignored contract provisions that spell out the procedures AFSCME must follow when it disagrees with state management decisions.

Ryan said both actions are necessary to make sure AFSCME does not prevent the state from taking appropriate steps to balance the state budget, such as permanent layoffs.

"It’s very unfortunate that we have to take these steps, but AFSCME has shown a willingness to ignore our contract in order to prevent us from doing what we need to do to balance the budget," the governor said. "Instead of following the grievance procedures in the contract they signed, twice now they have bypassed their own agreement and gone straight to a judge to block my efforts to balance the state budget."

Ryan said two of his proposals to help balance the state budget have been stymied by AFSCME’s tactics. A one-day unpaid furlough for 65,000 state employees and the privatization of all prison food services were derailed when AFSCME sought a temporary restraining order against the state. Both initiatives would have saved the state around $28 million. As a result of AFSCME’s tactics, the state has realized only about $2 million in savings.

State government is facing a revenue shortfall of more than $1 billion. State tax collections have declined because of a national recession and the terrorist attacks of Sept. 11.

The governor added that the state employee layoffs initiated this week are a "last resort" to the state’s worsening financial picture. Massive layoffs of thousands of employees are necessary because AFSCME will not renegotiate its contract and because the union has blocked cost-cutting measures.

[to top of second column in this article]

"AFSCME leaders keep saying that they want us to stick to the contract. Yet they have shown a willingness to ignore that contract if it doesn’t suit their purposes," the governor said.

Under the terms of the AFSCME contract, the state has the "exclusive right to manage its operations," including personnel decisions. If AFSCME does not agree with a management decision, they are required to follow the grievance procedure set forth in Article V of the contract. When dealing with personnel decisions that affect entire agencies, the grievance procedure includes appeals to agency directors and binding arbitration. The contract does not give AFSCME the option of seeking a court order to stop a personnel decision by management.

Last year, state lawyers and AFSCME adjudicated more than 1,100 employee grievances through the procedures set up in the union contract.

On March 25, a special assistant attorney general filed "a motion to compel arbitration" against AFSCME in Kane County Circuit Court. A hearing has been scheduled for April 3 in that matter. If successful, this action would prevent AFSCME from seeking any court order to stop employee layoffs.

Also on March 25, the Department of Central Management Services filed an "unfair labor practice" charge against AFSCME with the Illinois State Labor Relations Board. This charge mirrors the court complaint. If the board finds merit in the charge, it would direct AFSCME to "cease and desist from pursuing court action" with regard to the one-day furlough plan.

[Illinois Government News Network press release]

[MARCH 27, 2002]  Clinton Lake has reopened six months after being closed to the public. Exelon owns the lake and the adjacent nuclear power plant. Exelon closed the lake in September, citing safety and security concerns following the Sept. 11 terrorist attacks.

Nuclear power plants were considered possible targets. It was not the power plants themselves that were so much concern as the possible destruction of the dams.

"Clinton Lake is a great place for people and their families, and I am pleased to see it open to the public once again" said state Rep. Bill Mitchell, R-Forsyth.

"This is a great day for Clinton and DeWitt County," he added. "This will significantly increase tourism in the area and provide a boost to the economy."

[News release]

[Photos provided by Jack Burke]

[MARCH 26, 2002]  SPRINGFIELD — Gov. George Ryan today ordered the permanent layoff of 1,000 state employees in order to help bring the state’s budget into balance, having exhausted other alternatives to reduce spending.

The governor’s actions follow one final personal plea to the leaders of AFSCME, the largest state employee union, to renegotiate its labor contract as a way to prevent the permanent layoff of its members. Henry Bayer, executive director of AFSCME Council 31, refused the governor’s request.

"I always have said that layoffs are the final option in balancing the budget. We’ve been stymied in what we’ve tried to do to prevent layoffs. AFSCME has gone to court to stop our furlough program and our efforts to privatize food services at state prisons," the governor said. "I do not have the unilateral authority to raise taxes, as AFSCME has asked. I do not have the authority to spend state bond money on government operations or to transfer money from one government account to another."

Following procedures spelled out in the AFSCME contract, state agencies will begin the process today of laying off employees within the Department of Corrections and the Department of Human Services. The layoffs will take effect in April and May.

The round of layoffs initiated this week is intended to help balance the state’s current budget. Additional layoffs likely will be needed to balance the FY 2003 budget.

Late last year the governor ordered a one-day unpaid furlough for all 65,000 state employees under his control to save $8 million. While the governor, his cabinet, staff, many legislators and non-AFSCME state employees have taken a furlough day, AFSCME went to court for a temporary restraining order to stop the furloughs for its 45,000 members. That action negated any cost savings from the furlough plan.

[to top of second column in this article]

In an attempt to save about $20 million, the governor ordered the corrections department to turn over food service operations in all state prisons to private contractors. Private companies have operated food services in some of the state’s maximum-security prisons for about 20 years. AFSCME again went to court to stop this proposal, wiping out any savings.

Over the last year, the Illinois economy has been weakened by a national recession that grew worse following the terrorist attacks of Sept. 11. State tax revenues declined sharply as a result. The governor and General Assembly must deal with a revenue shortfall of more than $1 billion in order to balance the budget.

More than 40 other states have had to cut their budgets since Sept. 11 because the recession and the terrorist attacks significantly reduced tax collections.

In October, the governor cut $460 million in order to keep the state budget in balance. In February, the governor proposed another $680 million in reductions. However, state tax collections continue to miss projections, and the short-term impact of the new federal economic stimulus package will require further changes in the budget.

"Involuntary layoffs of thousands of AFSCME members could be avoided if the union leadership would listen to rank-and-file members and negotiate reasonable changes in the current contract," Ryan added. "AFSCME leaders in Iowa, faced with similar budget problems, negotiated a wage freeze this year that saved 800 jobs."

[Illinois Government News Network press release]

[MARCH 26, 2002]  The United Pentecostal Church was broken into early Monday morning. When the police arrived they were able to follow the footprints left in the snow to a storage shed. Inside they found two males, a 16-year-old and a 17-year-old, both from Lincoln, with the keyboard and amplifier that they had taken from the church.

[Bob Frank]

[MARCH 25, 2002]  State Reps. Bill Mitchell, R-Forsythe, and Jonathan Wright, R-Hartsburg, are filing an amendment that would keep Lincoln Developmental Center operating with 240 residents and 480 employees.

The two state legislators made the announcement today (Monday, March 25) at a 10 a.m. meeting in the office of Lincoln Mayor Beth Davis. About 30 parents, LDC employees and members of the American Federation of State, County and Municipal Employees union were on hand to hear the proposal.

"It will be an uphill fight. I don’t want to lead you on, but it’s the right thing to do and it’s the fair thing to do," Mitchell told the audience.

Mitchell will represent the new 87th Legislative District, drawn this year by the reapportionment committee, which takes in about three-fourths of Logan County, while Wright represents the present 90th District.

The proposed amendment would increase the funding proposed for LDC in the 2003 fiscal year from $11,028,400 to $27,816,000. Gov. George Ryan, citing abuse and neglect at the 125-year-old facility, in February of this year ordered LDC downsized from a high of nearly 400 residents to 100, and from a high of about 700 employees to 210. Employees, parents, and members of the Lincoln/Logan County community have protested the downsizing and continued to seek ways to keep LDC operating.

Mitchell, who has not represented Logan County in the past, said he was impressed by the level of civic participation on the LDC issue. "You are all pulling together, working as a team," he told the crowd.

The proposal is an amendment to House Bill 5976 and specifies the amount of funding for various services at LDC for the coming fiscal year, which begins July 1. Funding for personal services, for example, would go up from the Department of Human Services’ proposed $7,844,700 to $19,786,000.

The amendment will be filed today and must first go to the rules committee, made up of two Democrats and one Republican. Once it gets out of the rules committee, it goes to the appropriations committee for the Department of Human Services, which operates the 11 facilities for the developmentally disabled in the state. If it survives the DHS appropriations committee, it will go to the House floor.

Noting "it will not be an easy go" to increase funding for LDC, Mitchell said, coincidentally or not, the downsizing comes "at a time when the state is hemorrhaging red ink." He also pointed out that other representatives in other parts of the state have facilities in their districts being cut, as well.

The recent economic downturn has put the state of Illinois in a financial crisis that has forced cuts in programs for the poor and threats of layoffs to balance the budget.

[to top of second column in this article]

City Alderman Joe Stone asked if Mitchell thought the amendment had a realistic chance of success. Repeating again that it would be an uphill fight, Mitchell urged everyone present to contact other legislators, especially those on the DHS appropriations committee, and ask them to support the LDC plan. "We are not asking for favoritism for this county, just what is right," he said.

A chart provided by Mitchell’s office showed that LDC is the only facility for the developmentally disabled that is taking a major cut: 66.5 percent of its budget last year of $35,305,100. Only one other facility, Singer, has a funding cut, and that is only 4.1 percent. Other state facilities, some of which are accepting former LDC residents, have slight budget increases, according to the chart.

In a prepared statement, Mitchell said, "I was very disappointed by the actions of the Department of Human Services. They have proposed cuts to LDC that severely diminish the services they provide and put hundreds of people out of work. My goal is to find some common ground and keep 240 residents and 480 employees at LDC. There was absolutely no basis for these dramatic cuts."

Mitchell noted that many parents and family members of LDC residents have spoken out in favor of keeping the facility open, saying they provide excellent care. He also pointed out that a recent editorial in the State Journal-Register states that the singling out of LDC was unfair and that moving residents could be harmful to them.

"In his State of the State and Budget Address last month, Governor Ryan invited members of the General Assembly to discuss any ideas that we have. I would like to take him up on that offer and discuss how we can increase the funding at LDC," he said.

"We’re both going to be working hard this week to be in contact with members of the Human Services appropriations committee," Wright added.

In another attempt to save LDC, AFSCME, parents of an LDC resident and state Sen. Larry Bomke of Springfield have filed a lawsuit asking that no more LDC residents be moved from the facility until the end of the fiscal year. Circuit Court Judge Don Behle has not yet announced his ruling on the suit.

[Joan Crabb]

State Rep. Bill Mitchell will introduce the following bill to the state legislature. The first column is the budget proposed by the Department of Human Services. The second column represents Mitchell’s proposal increasing the funding for LDC.

Proposed amendment to HB 5986 (Daniels) to provide funding increases to the Lincoln Developmental Center in FY 2003

[MARCH 23, 2002]  SPRINGFIELD — Under legislation advanced this week by the Illinois Senate, Illinois residents would have more information about contamination of their drinking water, and the victims of Sept. 11 terrorist attacks would be remembered with a commemorative holiday in Illinois, according to state Sen. Claude Stone.

The measures were all advanced to third reading — the point in the legislative process when lawmakers vote on the bills.

Stone says citizens have every right to know when their drinking water is not safe. Senate Bill 2072 requires the Illinois Department of Public Health to notify the public by radio, television or newspapers about contaminated water. It will also require notice to the appropriate local governments to encourage further citizen notification.

Senate Bill 1531 designates Sept. 11 as a commemorative holiday and a school study day. The bill allows the secretary of state to sell special Sept. 11 license plates, the proceeds of which will aid victims of terrorism and local governments in preparing and preventing future acts of terrorism.

Other bills advanced to third reading this week by the Senate include:

School speed zones (SB 1808) — Expands school zone speed limits to include roadways on school property.

Children (SB 2118) — Clarifies that a Children’s Advocacy Center may be funded through grants, contracts or other sources instead of a tax levy authorized by referendum.

Consumer fraud (SB 2160) — Prohibits the mailing of postcards or letters that ask the recipients to call a telephone number, unless the postcards or letters tell the recipients that the phone call will be a sales pitch.

Handicapped parking (SB 1530) — Clarifies that a handicapped parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view.

[to top of second column in this article]

Liquor distributors (SB 2052) — Repeals a controversial 1999 law that prohibited a wine or liquor supplier, other than an Illinois winery or a winery that sells less than 10,000 cases per year in Illinois, from terminating or failing to renew a distributorship agreement without good cause. In January 2002, a federal court ruled the law unconstitutional because it applies retroactively and gives special consideration to winemakers in the state.

Airport improvements (SB 1556) — Allows 26 regional airports in Illinois to use up to 3 percent of their property tax levy for capital improvements.

Energy savings (SB 1565) — Allows the Illinois Development Finance Authority to administer a low-interest loan program for the purchase of high-efficiency energy equipment or appliances, energy monitoring devices or clean small-scale energy production devices.

Theft (SB 1577) — Creates a new felony criminal offense intended to stop the theft of credit card information via use of a scanning device, a small decoder that takes information from a credit card for use in making a false credit card.

National Guard (SB 1583) — Extends all the civil protections offered by the federal Soldiers’ and Sailors’ Civil Relief Act of 1940 to members of the Illinois National Guard on state active duty. Among the many civil protections are measures that prohibit guard members from being evicted, having their insurance canceled or having their property seized because of nonpayment of bills as a result of their active guard service.

Fire sprinklers (SB 1622) — Requires state licensing for contractors who install, maintain or repair fire sprinkler systems, with some exceptions.

[News release provided by  Sen. Claude Stone]

[MARCH 22, 2002]  Gov. George Ryan’s proposed cuts in the fiscal year 2003 budget could mean more reductions in the services offered by the Logan-Mason Rehabilitation Center as well as more layoffs in LMRC’s work force, according to director Gene Frioli.

"As many as 40 disabled individuals may no longer be entitled to receive services provided by the rehabilitation center under the governor’s latest budget cuts and eligibility requirements being made by the Department of Human Services," Frioli said. DHS is one of LMRC’s primary funding sources.

The loss of 40 more clients would require another reduction in LMRC’s work force, although the number of cuts has not yet been determined, he added.

Since last October, when Gov. Ryan began downsizing the Lincoln Developmental Center, LMRC has lost about 35 clients and had to eliminate 11 full-time positions, Frioli said.

The LDC downsizing plan has moved approximately 135 individuals to other state-operated facilities since October. Gov. Ryan is proposing to cut the number of residents to 100, from a high of nearly 400, by July 1 of this year, and the number of employees to 210.

The LDC downsizing has already cut $350,000 from LMRC’s existing budget, and the governor’s proposed budget cuts for fiscal year 2003, which begins July 1, 2002, would mean the loss an additional $150,000 or more, he said.

Frioli is meeting with participants in the program who may be at risk for losing their eligibility at the end of the current fiscal year, along with their parents and guardians, to explain the proposed funding reductions and the "restrictive and stringent eligibility requirements" being made by the Illinois Department of Human Services.

Under the proposed cuts, in order to be eligible for state funding to the LMRC programs, an individual will have to be Medicaid eligible and demonstrate a need for the center’s services. The requirements for service needs will be higher than they have been in past years, he said.

Frioli is also urging everyone concerned about the cuts in services to the developmentally disabled to contact their local legislators and urge them to restore the funding.

[to top of second column in this article]

The 40 clients who would no longer qualify for services live in their own homes, either with parents or independently, and many have jobs in the community.

"Over 20 LMRC program participants have jobs at Lincoln College and Lincoln Christian College, in food and janitorial services. They are supported by the job-coaching services we provide.

"Without our involvement with these people, it is questionable whether they could continue their employment," Frioli said. "Some probably might not be able to retain their jobs without our help."

LMRC, a division of Mental Health Centers of Central Illinois, has been operating in the Logan-Mason community for 21 years. It currently serves about 275 clients in various day programs. These programs include community-based employment; sheltered employment work programs at the center; and developmental training services, classroom education and training programs that assist people to gain independent living skills. The center has a staff of about 85 full-time employees at present.

"The proposed reduction in state funding, along with the steady decline of Lincoln Developmental Center program enrollment resulting from the downsizing efforts, is placing our existing service system in serious jeopardy," Frioli stated.

He said that in the 25 years he has been working with such community service programs he has "never witnessed such a significant and impending threat to a community-based service provider than what we are presently faced with."

He also noted that Illinois is close to the bottom in the per capita expenditure for individuals with developmental disabilities, ranking one of the lowest in the nation in state funding.

[Joan Crabb]

[MARCH 22, 2002]  April 1 is the deadline to order a commemorative engraved brick for installation in the plaza around the newly restored Indian Mother statue on the Logan County Courthouse lawn. Bricks are $25 each and include engraving of up to three lines of 20 characters.

In addition to the bricks, the plaza will include benches, a plaque telling the story of the statue, and landscaping. The project is expected to be finished this summer.

Bricks may be ordered at the Main Street Lincoln office, 303 S. Kickapoo St. For more information, call the Main Street office at 732-2929.

[News release]

[MARCH 21, 2002]  Legal hearings resumed Wednesday afternoon into the lawsuit initiated by Lincoln Developmental Center employees union AFSCME Council 31; Norlan and Eleanor Newmister, parents of an LDC resident; state Sen. Larry Bomke of Springfield; and Don Todd, LDC habilitation program coordinator.

Defendants in the suit are Gov. Ryan; Linda Renee Baker, Illinois Department of Human Services director; Judy Baar Topinka, state treasurer; and Daniel Hynes, state comptroller. Individuals were named in the suit because the state has immunity.

Lawyers in the case are Stephen A.Yokich, presenting for LDC plaintiffs, and Karen McNaught, from the attorney general’s office, representing the state defendants. Associate Judge Don Behle of the Logan County Circuit Court is hearing the case.

The lawsuit filed in January was intended to delay closure of Lincoln Developmental Center by Gov. Ryan, based on the fact that legislative funds had been allocated until the end of the fiscal year, June 30. On Feb. 25 Judge Behle dismissed Count I of the suit because the governor decided not to "close" the facility; therefore, Count I is no longer a valid point.

In addition, the suit also cited that the state moved (and plans to move) a large number of residents without a permit from the governing body, the Illinois Health Facilities Planning Board, that protects LDC and other state health care facilities.

Count II of the suit is now being argued and calls for the court to issue an injunction that will:

1. Stop the transferring of residents without a permit to do so

2. Stop the layoff of any employees due to the transfer of residents.

Complaints supporting the request for the injunction are as follows:

1. LDC, as a "healthcare facility," is protected by the Illinois Health Facilities Planning Act.

2. The decision to substantially reduce the operation at LDC constitutes a modification and discontinuation of a health care facility.

3. The decision to reduce the number of residents at LDC by more than 10 percent constitutes a modification of a health care facility.

4. Defendants Ryan and Baker have not obtained a permit from the Illinois Health Facilities Planning Board to modify their operation at LDC.

5. Defendants’ failure to obtain a permit from the Illinois Health Facilities Planning Board violates state law.

6. Defendants Ryan and Baker will continue their violation of state law unless restrained by the court.

Still at issue Wednesday were the necessity for a permit to move significant numbers of residents, the effects of such a move within the law, and whether those making the decisions are and were within their right to make those orders in light of the harm that has been and will be done.

Yokich and McNaught continued arguing terms of the lawsuit, citing statutes and case law. The lawyers debated whether LDC is really under the authority of the Illinois Health Facilities Planning Board and additionally made frequent references to a deposition taken from Melissa Wright, director of disabilities of the Department of Human Services. Judge Behle moderated the 1½-hour-long debate.

McNaught reiterated her statement from the last hearing, saying that when transferring residents, the Department of Human Services relied on the legal department of the Illinois Health Facilities Planning Board for the opinion that no permit was required. She continued to question the official terminology as used in the suit identifying LDC as a "healthcare facility," suggesting that LDC may not be subject to requirements of the Illinois Health Facilities Planning Board. Copies of a recently decided court decision about the term "healthcare facility" were then provided to Judge Behle and Yokich from McNaught.

Yokich argued that moving 75 percent of the population to other facilities would harm the health and welfare of LDC residents and economically impact employees and the community.

McNaught argued that qualified state health care officials should be able to move "an individual" if it is in the best interest of the resident. She suggested that the state needs to have the authority to move a resident if it is appropriate and further projected that to not be free to do so might impose on the rights of family members who might want their resident moved.

"If someone wants to transfer, they have that right," Yokich responded. Residents can request it for themselves or their family members can ask that the resident be transferred to a facility that they think is better for that resident.

McNaught elaborated on the fact that this lawsuit names individuals rather than the state. According to the Illinois Health Facilities Planning Act, individuals acting on behalf of the state are subject to either civil or criminal charges. Civil charges are brought by the Illinois Health Facilities Planning Board, and criminal charges can be brought only by a state’s attorney and the Illinois attorney general. In matters of the state and their job, it must be proven that the individuals have not acted outside of their authority. She contended that the governor was not outside his authority, pointing out that there is no relief that does not allow for downsizing and building cottages.

[to top of second column in this article]

She also added that there has been no elimination of "category of service," meaning that residents will still have state-supplied homes even if they are being transferred or moved to a different type of setting.

Additionally, she pointed out that in reference to getting permits before moves, "‘Notice must be given’ does not say when notice must be given."

Yokich agreed that civil and criminal penalties are provided under that statute. He added that in the law of Illinois, if you have people being harmed by the violation of that statute, then they have the right to come to court.

Using a court-accepted definition of harm as "distinctive palpable harm," he said harm will be done to employees with layoffs and to residents by moves. He pointed out that the system relied on the State Health Facilities Planning Board to regulate and protect residents from individuals in authority and out of authority by requiring them to get permission through the board. Now they are relying on the judiciary to grant permission before they do anything.

He pointed out that many of the residents at LDC are the type of patients that this is the last stopping place for them. They either have such extreme medical needs or some are aggressive males who have not succeeded anywhere else, and moving them to another facility without permission will infringe on the rule intended to protect just the likes of them. He proposed that public interest is best served when what is best for these people with special needs is pursued.

He also suggested that many of the residents are not suited to CILAs and, if moved, will not receive the active treatment plans that they get at LDC.

Yokich pointed out that if a resident or his family wanted the resident moved from the facility, they have that choice at this time. That is not affecting the scope of operation.

McNaught argued the state’s rights of immunity, suggesting it would be wrong if LDC cannot meet the needs of an individual but cannot transfer a resident to any other facility, or if a parent wanted to have a family member transferred and cannot. She said they should be able to do it without getting permission from the health board. Those who are knowledgeable and in authority, such as a facility director, should be able to look to the needs of the residents and recommend an individual transfer without permission, she said.

Yokich pointed out that when McNaught conceded that if the DHS was going to close LDC, they would have to get a permit, she was also saying that they are under the authority of the Illinois Health Facilities Planning Board.

Yokich said the Health Facilities Planning Act is being violated because the governor’s plan is fundamentally changing the scope and operation of LDC. He said that as he interprets the statute, permits are required if the facility cuts more than 10 beds or more than 10 percent of its beds.

McNaught had filed a paper this past week that neither Judge Behle nor the plaintiff had received until Tuesday. The content of the paper remained unknown to all others in attendance at the hearing. It was not discussed, since neither the judge nor Yokich had had time to assess it.

Yokich said he did not think there could be anything in the document that would change the judge’s decision but that he would like to have the opportunity to respond and file, and then the court could rule.

McNaught requested seven days to file a memorandum that would explain the document better. And Yokich requested 14 days to respond to that. Judge Behle granted both requests.

Yokich pointed out that time is crucial since transfers and layoffs are projected to begin by mid-April. Judge Behle then concluded the hearing, stating, "I am not going to take long," and that he will consider all the parties involved.

Don Todd commented after the hearing. "I felt fairly good about today," he said. "I think Judge Behle is going to make a competent decision. I think he sees the impact that this has on individuals and the irreparable harm at risk here. He’ll take a good look at it. It is not as simple as the state is making it sound."

[Jan Youngquist]

Related articles:

"No decision yet on LDC lawsuit," posted in LDN on Feb. 21

"Judge will hear arguments on AFSCME suit," posted in LDN on Feb. 25

[MARCH 21, 2002]  Detective John Bunner of the Lincoln Police Department is encouraging motorists to lock their cars and know where their keys are at all times. There have been a record number of vehicles that have been stolen in the area recently — four in the last week. The vehicles have been left unattended and unlocked with keys in them.

It was just such a vehicle that was used in the Clark station robbery Sunday morning. A black male entered the station located at 548 Woodlawn Road at 12:27 a.m. He had brown-tone, pantyhose-like mesh over his head and was wearing a hooded black sweat suit. Armed with a green box knife, he spoke roughly to the employees and used the knife on the cash drawer. He escaped the store and fled on foot, heading west on Woodlawn Road.

A short while later a paramedic heard tires repeatedly spinning over at Seventh Street and Walnut in back of the hospital. When he looked out he saw a man fleeing a pickup truck that had caught fire (the bad luck). The paramedic immediately called in to report it. His description matched that of the Clark station robbery suspect.

[to top of second column in this article]

When police arrived at the abandoned truck they found it had two flat tires. A search of the area found a box knife, dropped near the truck, matching the description of the one used at the Clark station. K-9 Jack was brought to the scene but was unable to pick up the trail of the suspect (the good luck).

The owner of the vehicle did not know it had been stolen until police contacted her.

No further information is available at this time, as the case is under investigation.

[Jan Youngquist]

[MARCH 21, 2002]  Logan County revenues from sales and income taxes for the first three months of the fiscal year are down and expenses exceed income by 2.79 percent, according to reports presented at the county board meeting Wednesday night.

Finance committee spokesperson Roger Bock said revenues from the income tax and 1 percent and one-fourth percent sales taxes are $65,000 below where they ought to be at the end of the first quarter. Not all revenue sources are down, and interest income is holding steady. However, he said, sales tax is a better indicator of overall trends than other revenue sources like inheritance tax because it is less susceptible to fluctuation.

If the present trend continues, Bock projected a year-end revenue deficit in the neighborhood of $250,000. "It does bear watching," he warned. "This time last year we weren’t this low."

Dale Voyles, who tracks expenditures for the finance committee, said expenses are being kept in line. Most officials are staying within their budgets, he explained, with none going more than 1.5 percent over. Still, expenses exceeded revenues by 2.79 percent for the three-month period from Dec. 1 to Feb. 28.

In another matter, Peter B. Ruedi, vice president of marketing for Health Alliance, spoke in response to questions raised at the March 14 board meeting about the weak Weiss rating of his company, which provides health insurance for county employees. He emphasized that Health Alliance is owned by Carle Clinic, which would be financially responsible should the 23-year-old company be unable to meet claims.

Ruedi contended that the Weiss rating does not adequately reflect financial viability for a company in the managed health care and HMO business. For one thing, it does not audit a company fully but uses information filed with the Illinois Department of Insurance. He said a better indicator is that Health Alliance is regulated by the department and meets state risk-based capital requirements.

Although Ruedi claimed that industry ratings are of little relevance to his company, he did suggest that Health Alliance would seek a rating from A.M. Best, which performs an on-site audit, to respond to concerns such as those expressed by the Logan County Board.

[to top of second column in this article]

The county policy with Health Alliance is in its first year, with the previous insurer being Blue Cross/Blue Shield. A renewal decision must be made by May 1.

In other business the county board took action on issues introduced in the board-of-the-whole meeting on March 14. On a unanimous vote it agreed to pay $528,693 from the motor fuel tax fund for maintenance of city and state highways within the county. A second resolution for materials was also unanimously approved by the 12 board members present, with Paul Gleason being absent. Together, the two votes approved expenses for highway contractors and materials for the year.

Janet Dahmm was hired to clean the Dr. John Logan Building for $75 per week, or an annual salary of $3,900. Board members Jim Griffin and Doug Dutz opposed the measure.

Rosanne Brosamer, supervisor of assessments since 1994, was reappointed for a third four-year term, to end in 2006. Griffin voted against the appointment.

Hanson Engineers of Springfield was made airport consulting engineer for another five years. Bock said Hanson, chosen from a field of about 20 firms, has given good service for the variety of airport needs.

A special meeting to hear information on the industrial park being proposed by the Economic Development Council was scheduled for 6 p.m., March 26. Mark Smith is director of the EDC.

The Lincoln Area Music Society was granted use of Latham Park for four summer Sunday concerts.

Consideration of the proposed revision to the Logan County Airport rules and regulations was postponed until April. State’s Attorney Tim Huyett has not yet reviewed the document.

[Lynn Shearer Spellman]

Military addresses sought

It is a year like no other. Since Sept. 11 we are a changed nation. Individually, our daily sensitivity toward whom and what we have in our lives has been heightened. We are more conscious and appreciative, first about those we love and see everyday. Next, we have a newfound appreciation for those who risk their lives every day as rescue workers and protectors of life and property in our communities. We also now think more about our military men and women who are committed to serve and protect our country. Many are away engaged in battle, some are in waiting to go, all are ready to lay their lives on the line in defense of our freedom.

Lincoln Daily News is seeking the names and addresses, including e-mail addresses, of friends and relatives who are serving in the armed forces. They need not be from here in Logan County. If you know someone serving, please send the information to ldneditor@lincolndailynews.com. A complete list will be made available and kept updated through the site so we might all hold them in our thoughts, prayers and well wishes.

[Click here for names available now.]

Name of person in military:

Branch of service:

Current location of service:

Postal address:

E-mail address:

Relationship to LDN reader sending information (optional):

[LDN]

It’s on the radio, TV, in all the media. You hear it in the office, on the street and maybe at home — threats of terrorism. America is on high alert. Here in central Illinois, away from any supposed practical target areas, perhaps we feel a little less threatened, but we are still concerned. So how concerned should we be, and how prepared are we for the types of situations that could occur?

Whether the threat is domestic or foreign, violent, biological or chemical, our public health and rescue agencies have been preparing to respond to the situations. Lincoln Daily News has been at meetings where all the agencies gather together as the Logan County Emergency Planning Committee to strategize for just such a time. Our reports have not even provided every detail that every agency has reported; i.e., a number of representatives from differing agencies such as the health and fire departments, CILCO and ESDA went to a bioterrorism and hazmat (hazardous materials) seminar this past August.

Here are some of the articles that LDN has posted pre- and post-Tuesday, Sept. 11. Hopefully you will see in them that WE ARE WELL PREPARED. At least as much as any area can be. Every agency has been planning, training, submitting for grants to buy equipment long before Sept. 11. We can be thankful for all of the dedicated, insightful leaders we have in this community.

[to top of second column in this section]

• LEPC hears plans for annual exercise

• U.S. under terrorist attack
  How is Logan County affected?

• The day after ‘Attack on America’
  Area leaders respond to national tragedy

• ESDA and LEPC conduct successful hazardous materials exercise at water treatment plant 

• Logan County ready for action if terrorist event occurs - Part 1

• Logan County ready for action if terrorist event occurs – Part 2

• Clinton nuclear power plant safety measures in place

• Logan County agencies meet to discuss protocol for suspicious mail

As promised, the United States led an attack on Afghanistan. The attack began Sunday, Oct. 7. American and British military forces made 30 hits on air defenses, military airfields and terrorist training camps, destroying aircraft and radar systems. The strike was made targeting only terrorists.

More than 40 countries in Africa, Asia, Europe and the Middle East have pledged their cooperation and support the U.S. initiative.

Online news links

Other countries

Afghanistan

http://www.afghandaily.com/ 

http://www.myafghan.com/  

http://www.afghan-web.com/aop/ 

China

http://english.peopledaily.com.cn/

http://www1.chinadaily.com.cn/

Germany

http://www.faz.com/

India

http://www.dailypioneer.com/ 

http://www.hindustantimes.com/ 

http://www.timesofindia.com/ 

Israel

http://www.jpost.com/ 

http://www.haaretzdaily.com/ 

England

http://www.thetimes.co.uk/ 

http://www.guardian.co.uk/ 

http://www.telegraph.co.uk/

http://www.thisislondon.co.uk/

Pakistan

http://www.dawn.com/

http://frontierpost.com.pk/ 

Russia

http://english.pravda.ru/

http://www.sptimesrussia.com/ 

Saudi Arabia

http://www.arabnews.com/ 

[to top of second column in this section]

United States

Illinois

http://www.suntimes.com/index/ 

http://www.chicagotribune.com/ 

http://www.pantagraph.com/ 

http://www.qconline.com/ 

http://www.pjstar.com/

http://www.sj-r.com/ 

http://www.herald-review.com/

http://www.southernillinoisan.com/ 

New York

http://www.nypost.com/

http://www.nytimes.com/

Stars and Stripes
(serving the U.S. military community)

http://www.estripes.com/ 

Washington, D.C.

Announcements

Back to top