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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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this article]
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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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“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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article]
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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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