 A St. Clair County Court judge ruled Feb. 16 against Illinois Attorney General
Lisa Madigan’s request to stop state worker pay during the budget impasse.
Madigan took Illinois by surprise Jan. 26 when she filed a petition seeking
court approval to stop paying state employees.
But as with other matters rife with political implications in Illinois, there
will be a lot more to come. The court’s decision doesn’t settle the matter.
Madigan can appeal all the way to the Illinois Supreme Court.
The legal background
In 2015, the American Federation of State, County and Municipal Employees sought
a court order to ensure state employees would keep getting paid during the
budget impasse. St. Clair County Circuit Court Judge Robert LeChien complied,
and since then, state employees have been paid under that court order.
But in the meantime, the Illinois Supreme Court issued a decision holding that
the state could not pay AFSCME workers raises promised by former Gov. Pat
Quinn’s administration because the General Assembly had not appropriated funding
for this. The court specifically tied its decision to pay promised to state
workers through collective bargaining.
Madigan pointed to that Supreme Court decision and asked LeChien to reverse
course in the AFSCME case. She argued that because the General Assembly has not
appropriated funds for state worker pay, the state can’t pay.
Madigan’s
petition created an unlikely situation in which AFSCME and Gov. Bruce Rauner are
arguing on the same side. Both opposed Madigan’s petition and vowed to fight
against an order stopping state worker pay.
It also created an interesting schism between Madigan and AFSCME, two parties
that traditionally are allies in state worker matters.
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 What’s next
Madigan can accept Judge LeChien’s decision and drop her petition or
she can appeal the decision all the way to the Illinois Supreme
Court. And with one decision already on the books denying state
worker pay that has not been appropriated, the court may side with
the attorney general. On other hand, Madigan is asking the court to
deny pay to all state workers, which arguably goes beyond the scope
of the Supreme Court’s original decision. That decision focused on
collectively bargaining, but not all state workers are covered by
collective bargaining agreements.
In the meantime, the General Assembly doesn’t need to rush into a
bad budget deal to avoid a government shutdown. Lawmakers can pass
an appropriations measure to fund state worker pay without a full
budget.
In response to Madigan’s petition, at least two state
representatives – Avery Bourne, R-Raymond, and Sue Scherer,
D-Decatur – introduced bills that would ensure state workers get
paid even during the budget impasse. Both bills – House Bill 1787
and House Bill 1798 – remain pending in the Illinois House of
Representatives.
A continuing appropriations measure for state worker pay would not
be unprecedented. In 2015 and 2016, the General Assembly passed an
education appropriations measure that would keep K-12 schools open
and operating during the budget impasse. In 2015, Rauner expressed
support for a continuing appropriations measure for state worker
pay.
Throughout Illinois’ budget gridlock, politicians have been immune
to worries about their pay. In 2014, the General Assembly passed a
law ensuring that legislator salaries are funded.
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