Illinois Gov. JB Pritzker is contending a federal decree, which has been in place 48 years and authorizes oversight of state employment practices, is no longer needed because the state has "reformed" itself and made patronage a thing of the past.
"After nearly half a century, it is time for the 1972 decree to sunset," Pritzker said in a July 14 court document, drawn up by Illinois Assistant Attorney General Brent Stratton.
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to the Shakman Decrees, federal court orders which bar Illinois government from letting politics improperly control government jobs and allows for federal oversight of hiring practices in Cook County and Springfield.
Noelle Brennan, a lawyer appointed as a monitor under the decree, filed a report Feb. 6 in which she noted work had started toward a comprehensive employment plan for state government. However, Brennan said Pritzker's office had begun restricting communication between her team and state agencies. In October, Brennan reported the state had failed to put together rules and guidelines to "address certain current systemic practices that are vulnerable to manipulation" or which could violate the Shakman decree.
As an example, Brennan said some employees are given temporary or interim promotions, which sidesteps oversight and the competitive process. Brennan asked District Judge Edmond Chang to broaden the scope of her watchdog activities.
In a responding court motion, Pritzker not only said Brennan's request should be denied, but that "the time has come" to abolish Shakman altogether.
"The State has reformed its employment practices to unquestionably pass constitutional muster. The State has instituted a durable solution to prevent future patronage employment practices," Pritzker said.
As evidence, the governor pointed to a list of state jobs exempt from oversight, the list having passed muster in federal court, which a judge had said was key to establishing a framework for supervision.
In addition, an "independent oversight structure" has been created in the Office of Executive Inspector General, which has a 10-person staff with expertise in keeping an eye on state jobs, according to Pritzker.
Further, Pritzker said Brennan has scrutinized state employment for six years, finding "significant progress" and no signs of patronage to "justify continued systemic intervention."
Pritzker also argued there are constitutional grounds to trash Shakman.
"During the protracted life of the decree, this case has become unmoored from the Constitution. Plaintiffs are two private lawyers who, regardless of how they came to be litigants in 1969, now in no respects satisfy this constitutional minimum. They simply are not affected, let alone injured, by the State’s employment policies — they are not State employees and have no desire to become State employees," Pritzker said.
Pritzker continued, saying, "A half century ago, Plaintiffs obtained a foothold to standing and to a federal forum by complaining of a specific patronage scheme. The factual and legal predicates upon which the federal court originally entered the 1972 decree therefore no longer exist. There remains no case-and-controversy and no federal interest in this case to justify the extraordinary intrusion of a federal court into sovereign State affairs."
A status hearing is July 30.
Shakman and Lurie's interests are represented by the Chicago firm of Locke Lord, and Shakman's firm of Miller, Shakman, Levine & Feldman.
Lurie is with the Chicago firm of Schiff Hardin.