A federal judge has not only refused to grant Illinois Gov. JB Pritzker's wish to end federal oversight of state employment and hiring practices, but has also granted a modest expansion of that watchdog duty.
"The message is not getting across to employment decision-makers" that overseers "will root out the problems and that there is a price to pay," said Judge Edmond Chang.
On March 31, Chang, of U.S. District Court for the Northern District of Illinois, denied motions by Pritzker to kill off the so-called Shakman Decrees, court orders requiring federal court oversight of hiring practices in a host of government agencies in Chicago and Springfield.
Michael L. Shakman
| millershakman.com
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to consent decrees beginning in 1972, which are federal court orders barring Illinois government officials from letting politics improperly control government jobs and promotions.
For certain state jobs, political affiliation is an appropriate consideration because they involve policymaking. These jobs are consequently exempt from oversight.
Last year, Pritzker told Judge Chang he believed the decrees were no longer needed, because the state had corrected the patronage hiring and employment problems targeted by Shakman. The Office of the Executive Inspector General (OEIG) is in charge of ensuring compliance with the Shakman Decrees.
Shakman argued Pritzker, rather than proving violations no longer occur and a "durable remedy" is in place, relies on systems and processes, some of which have not yet been implemented, much less reviewed in court. Shakman wanted oversight increased.
Chang acknowledged the state has made "significant" progress in its employment practices, and he might be receptive to another request late this year to terminate oversight. Chang noted that if the Cook County sheriff, the Cook County Forest Preserve District, the city of Chicago and Cook County have been able to satisfy Shakman, then "so can the State." These governmental bodies are no longer under federal monitoring.
Nonetheless, Chang found the "devil is not just in the details, but in the implementation."
Adding that implementation is "complex," Chang noted there is "evidence of ongoing noncompliance." He particularly noted problems with Pritzker's attempt to persuade the court to place trust in the Inspector General's office. The judge pointed to an "apparent lack of sanctions for disregarding recommendations" made by the OEIG.
"The message is not getting across to employment decision-makers that the OEIG will root out the problems and that there is a price to pay," Chang said.
Chang further observed: "On the front end, partisan decision-makers naturally will make every effort to conceal the political bases of an employment decision. On the back end, current employees naturally fear retaliation for challenging or reporting potential violations. This is not an easy problem to solve. It just is not easy to durably protect State employees from partisan decision-making in employment."
In Chang's eyes, another concern is the OEIG's lack of transparency, as the Inspector General's files are confidential. Chang admitted there are "sound" reasons for confidentiality, but nevertheless such confidentiality does not "eliminate doubts" about OEIG's effectiveness.
Chang agreed to the request from the court-appointed special master to let her office assess, and if need be, investigate the implementation and enforcement of the state's Comprehensive Employment Plan. The state introduced the plan in 2019 to facilitate its exit from Shakman monitoring.
Shakman and Lurie, who are licensed lawyers in Illinois, 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.
Pritzker has been represented by Illinois Attorney General Kwame Raoul.