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State Employees Caught In Political Crossfire; Options After Judge Rules "No Budget, No Pay"

lawbook and gavel

A Cook County judge's ruling Tuesday that state employees won't receive their salaries during a budget impasse adds a new wrinkle as the Republican Governor and Democratic-led legislature struggle to reach an agreement.

State workers have good reason to worry about their checking accounts. A judge says only employees deemed "essential" can get paid during the impasse, and then only at $7.25 an hour, the federal minimum wage. With no imminent resolution between Republican Gov. Bruce Rauner and Democratic legislators, there's no telling how long paychecks will be on hold. But there are options.

For one: the comptroller and the AFSCME union say they'll appeal the court decision. AFSCME also has filed a separate court case downstate, alleging that not payings its members is a breach of contract.

Two: The Illinois House this week is set to try passing a one-month budget, which could keep some workers' pay coming; however, Rauner's against that.

Option three: Rauner, who has butted heads with unions and accused state employees of making too much money, now says he wants to make sure they'll be paid, on time and in full. He says he'd support a so-called "continuing appropriation" law that would permanently guarantee workers' salaries with or without a budget. He says it's a matter of fairness, as a similar law that makes sure legislators and other politicians get paid. That law passed after a court ruled that former Gov. Pat Quinn's withholding of lamwakers' pay was unconstitutional.

Spokespeople for the General Assembly's Democratic leaders say would consider the idea should the governor officially introduce it.

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In the meanwhile, state workers and their paychecks are getting caught in political crossfire. Democrats say Rauner, who has said state employees make too much money, is being hypocritical by casting himself as workers' ally and savior. They say he chose the shutdown route by vetoing the budget, including workers' salaries. Republicans, including Rauner's office, have likewise framed the legal question over what bills can be paid or not during an impasse, in political terms.

Rauner has accused Attorney General Lisa Madigan, a Democrat and daughter of House Speaker Michael Madigan, of trying to "block" employees from getting paid.

And Republican Rep. Raymond Poe, whose district covers Springfield, the seat of state government, says he's wary of the Cook County judge's decision. Poe goes back to 2007, when Illinois had a Democratic governor and Illinois was without a budget. A court then allowed all state employees to be paid.

"Seems like we got a different governor, so seems like we don't want to do that for him," Poe says. "I hate to say it, but almost sounds like politics, doesn't it?"

Attorney General Madigan a Democrat, says that was different; at that time, Illinois was on the precipice of a deal, not far from one as appears to be the case now. She says he wants workers to be paid, she just has to follow the law.

The Illinois House will meet again Wednesday, July 8, to begin trying to pass the temporary budget, which that could keep some, but not all, workers' paychecks coming through July. A final vote is expected Thursday.

The Illinois Senate approved a July budget last week, but when the House tried, it but came up four votes short. No Republicans went along with that plan, and the governor's office has been set against it.

Rep. Poe, voted against the proposal last time and says he's still not for a short-term plan. “We ought to just settle the budget," he said. "This here band-aiding it. What do we do then? In another month, get to pass another month, temporary. And who knows what's going on? My thing is let's stay in town straight through 'til we get her done."

Democrats say a short-term plan would keep important services going. But they, too, are pushing for a full year's deal -- which gets to the heart of the impasse.

Gov. Rauner says he won't consider new revenue until his long-term, pro-business agenda gets approved; Democrats say Rauner needs to push aside those "non-budget" items and focus the budget.

Illinois is about a week into its new fiscal year.

Amanda Vinicky moved to Chicago Tonight on WTTW-TV PBS in 2017.
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