A state hiring watchdog is contending he has not conceded, as "misconstrued" by Illinois Gov. JB Pritzker, that two dozen allegedly unqualified temporary lab techs hired to help the state process COVID tests, are outside the watchdog's federal mandate just because they were hired off the street rather than promoted from within the state government.
Chicago lawyers Michael Shakman and Paul Lurie sued the Cook County Democratic Party in 1969 to fight patronage. That suit led to the 1972 Shakman Decree, which is a federal court order, still in place, barring politics from improperly controlling Illinois government jobs and allowing federal oversight of hiring. A Comprehensive Employment Plan (CEP) for state government is in place, which the state is to follow to ensure compliance with the decree.
The federal court has appointed a "special master" to review certain state hiring decisions, to ensure they are in compliance with federal law and the court decrees.
Michael Shakman
Earlier this year, the Illinois Executive Inspector General's office reported the Illiinois Department of Public Health, under Pritkzer's leadership, hired 29 temporary lab technicians in the spring of 2020 to process COVID-19 tests at the IDPH's Chicago facility. Of those techs, 23 did not have relevant experience or education. Some had only ever worked retail jobs, and one listed their experience as a "Laser Tag Marshall." Others were related to other state workers, according to the Inspector General's report.
Out of 316 applicants, there were 64 who met or exceeded the minimum qualifications, but were not tapped for the jobs, the Inspector General said.
After the Pritzker administration allegedly ignored requests for a more detailed explanation about those hires, special master Noelle C. Brennan asked a federal judge to order the Pritzker administration to provide the information to her team for review.
Pritzker responded by moving to block such an investigation, arguing in April 1 court papers the Shakman Decree does not cover external hirings, only promotions and transfers from within, and doesn't cover temporary posts.
Pritzker also claimed the Shakman plaintiffs had acknowledged in oral arguments on a different matter before the U.S. Court of Appeals for the Seventh Circuit, that this was the case.
"Plaintiffs (Shakman) clearly stated to the Seventh Circuit that external hiring is not covered by the decree, and all of the hires at issue are external hires. And these hires were made outside of the CEP and through the Covid-19 emergency hiring plan," Scott Lerner, one of Pritzker's lawyers, said in a March email, which is included in court documents.
In an April 14 filing, Shakman himself weighed in on the controversy, saying Pritzker "misconstrued" their statements to the appellate panel, and denied ever holding forth that the decree is restricted to internal job movements.
"The 1972 Decree covers filling any position that is open to internal candidates, even if external candidates are also allowed to apply for the position. That has been Plaintiffs’ position consistently, including during oral argument in the Court of Appeals," Shakman asserted.
To back up this assertion, Shakman included, in his filing, emails exchanged in March between Shakman's attorneys and Pritzker's attorneys and state officials. According to Shakman, the emails lay out what has always been his view of the decree's scope.
Shakman also noted, "The State chose to adopt the same procedures for positions that are open to external candidates as it did for positions also open to current employees. Accordingly, evaluating the State’s success in implementing the CEP logically extends to both jobs for which only external candidates apply and those for which both external and internal candidate[s] apply."
Shakman has been represented by Edward Feldman, Julia K. Schwartz, Kay L. Nelson and Mary Eileen Wells, of his firm of Miller, Shakman, Levine & Feldman, of Chicago. He has also been represented by Brian Hays and Ernesto Palomo, of the Chicago firm of Locke Lord. In addition, John T. Moran Jr. of Moran Law Group, of Chicago, has taken part in Shakman's representation.
Scott Lerner, counsel to the governor's office, has defended Pritzker, as has Brent Stratton and Christopher Fletcher of the Illinois Attorney General's Office.