Judge sides with Quinn in regional superintendents' pay dispute

[August 27, 2011]  SPRINGFIELD (AP) -- A central Illinois judge refused to intervene Friday in a dispute between regional school superintendents and Gov. Pat Quinn, who cut off their pay in July.

Sangamon County Circuit Judge John Schmidt noted the "extreme hardship" to 44 regional superintendents and their assistants who have been working without pay since July 1. But he said the governor "is vested with broad power."

"The Illinois Constitution states very plainly that the governor may veto an item of appropriation," Schmidt wrote in a lawsuit the superintendents took to court. "To hold otherwise would thrust the court into the appropriation process."

The Democratic governor vetoed about $10 million in salaries for the superintendents, saying the state could not afford what he called unnecessary bureaucrats at a time when the budget is so tight that lawmakers cut $150 million out of school spending.

Quinn spokeswoman Kelly Kraft said the court acted correctly and said the governor's staff continues to work with regional offices of education to find a short-term funding solution until the Legislature returns in October.

Regional superintendents, some representing up to seven counties, perform a list of duties -- many required by the state -- such as certifying teachers, doing background checks and running truancy programs.

Their lawyer, Charles Schmadeke, argued before Schmidt that state law specifically requires the post of regional superintendent and specifically sets out a formula for how they should be paid. It's different, he said, than a new program created by the Legislature and cut by the governor.

"State law clearly calls for us to be paid for the good work we continue to do, but our fight continues," read a statement from Bob Daiber, president of the Illinois Association of Regional Superintendents of Schools. "Today's outcome doesn't change that we believe this situation is totally unfair and against what this state stands for."

But Schmidt sided with the state's argument that a 1924 court case establishes sweeping executive power, which he refused to supersede as a member of the judiciary, a separate branch of government.

"Taken to the absurd, the governor has the power to veto appropriations to pay the salaries of all state officials and suspend the operation of all the state's departments," Schmidt wrote.

Daiber, who is also Madison County regional superintendent, said the group would meet this afternoon to discuss further legal action.

"Clearly, the pain continues for many superintendents and their families during this very difficult time, and the hardships are growing every day," Daiber said.

Kraft said the governor continues to work to find salary payment options, but she would not elaborate.

When lawmakers return to Springfield, Quinn hopes to convince them to shift the pay for the superintendents to the personal property replacement tax, Kraft said. It is money that corporations and partnerships pay instead of property tax, and it funds other operations of local governments.

[Associated Press]

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