Cook County Public Defenders Blog

We have received many inquiries from assistant public defenders about the real number of layoffs that our Office is facing.  In response to those inquiries, we have explained that the final number is uncertain right now, and that we do not want to give out inaccurate information on such an important matter. 

Despite a Suntimes claim several days ago that the accurate number of layoffs in our Office is 10, the fact is that no one knows the final number at this point- not the Union, not Mr. Burnette, and not the Commissioners.  This is because the budget process in not over.  In fact, the Tribune reported the following today: “The new numbers are not final because some figures, such as those for the public defender’s office, still must be fully reconciled, budget officials said.” 

As soon as we have a reliable and accurate number, we will report that number here.  As we have throughout this process, we will continue to fight for every position possible for assistant public defenders.

We realize that many assistant public defenders are waiting to hear the final status of the public defender budget resulting from the hearing process last night.  As of today, we cannot tell you how many proposed layoffs are still in the budget for our Office.  We had representatives at the hearing throughout the night on Thursday and into Friday morning, and we can tell you that the public defender budget and number of proposed layoffs was in flux all night as we continued to lobby Commissioners.  We can also tell you that even as the Finance Committee was readying to vote, the picture for our Office was not clear. 

On behalf of those assistant public defenders that may be effected by the budget process, we called Commissioners’ offices this morning and asked the very question that assistant public defenders want the answer to- what is the definitive number of proposed layoffs in our Office as a result of the hearing last night?  They told us that the number of layoffs in our Office may not be known until next week.  If we receive something more definitive before the end of the day, we will post the information here.

 We can state that the layoff notices that were received by some assistant public defenders this week are not indicative of the possible layoffs in the Office.  Those notices can be disregarded for now.  It is our understanding that if layoffs result from the budget process, assistant public defenders will be separately notified in the future.

We are aware that some assistant public defenders have received layoff notices.  We have been aware since late last week that these notices were a possibility.  Here is what we can tell you at this time:  

The Alternative Budget proposed by a broad coalition of Commissioners last week calls for the retention of all front-line assistant public defenders.  This is the budet plan we support as the best way to address the current county budget crisis.

 When we first learned of possible layoff notices last week, we began communicating with the Commissioners who drafted and support the Alternative Budget.  It is the expressed desire of these Commissioners to retain all front-line assistant public defenders.  We continue to stay in communication with Commissioners this week as the budget process nears conclusion.

While some layoffs are a real possibility as a result of this budget battle, receiving a layoff notice now does not necessarily mean that layoffs will occur.  The budget process in ongoing.  While layoff notices are distressing, the budget battle will continue, and we will contiue to seek support from Commissioners for a fully-staffed public defenders office.  None of us knows what the final budget will look like until after the Commissioners vote on the budget.

For those assistant public defenders who received layoff notices, feel free to call Brendan Max or Bob Galhotra with any further questions.  We will post another update here when we have for information for publication.

The local filed a grievance today officially taking the county to task on the recent letters sent by Human Resources Bureau Chief Kim Gilmore.  The Union alleges that the letters violate at least three different provisions of the collective bargaining agreement and seeks to have the letters that were sent to members retracted, rescinded or repudiated.

While some who received the letters were in the bottom 20 of seniority, a couple were in the sixties.  Why this has occurred is unknown and the union is still trying to determine who received the letters from Mr. Gilmore. 

One thing is clear:  the budget battle continues and the hearing that is scheduled for tommorrow, February 22, 2007 will be decisive.  We need to make sure that we are present and hold all commissioners accountable.  We must ensure that the twelve commissioners who supported the Claypool amendment stay strong and hold on and we need to convince the other five to go in the right direction-and restore core services and frontline jobs.

The last grievance, filed when we received notice of the furloughs, was withdrawn after the County agreed to rescind the notice and the notion of a four or three day work week. 

We wont stop fighting because the battle is not over.

We are aware that some assistant public defenders have received layoff notices.  We have been aware since late last week that these notices were a possibility.  Here is what we can tell you at this time:  The Alternative Budget proposed by a broad coalition of Commissioners last week calls for the retention of all front-line assistant public defenders.  This is the budet plan we support as the best way to address the current county budget crisis.  When we first learned of possible layoff notices last week, we began communicating with the Commissioners who drafted and support the Alternative Budget.  It is the expressed desire of these Commissioners to retain all front-line assistant public defenders.  We continue to stay in communication with Commissioners this week as the budget process nears conclusion. While some layoffs are a real possibility as a result of this budget battle, receiving a layoff notice now does not necessarily mean that layoffs will occur.  The budget process in ongoing.  While layoff notices are distressing, the budget battle will continue, and we will contiue to seek support from Commissioners for a fully-staffed public defenders office.  This battle will continue, and none of us knows what the final budget will look like until after the Commissioners vote on the budget. For those assistant public defenders who received layoff notices, feel free to call Brendan Max or Bob Galhotra with any further questions.  We will post another update here when we have for information for publication.

Today, a broad coalition of County Commissioners presented an alternative budget for our Office that fully funds our mission, and restores all the jobs of assistant public defenders. This budget proposal rejects the 4-day work weeks, 10-day furloughs, salary reductions, and layoffs that were originally proposed by Todd Stroger. We are hopeful that when Commissioners finally vote on these proposals, the new alternative budget will carry the day.Alternative Budget Summary

At a press conference at the County Building today, the Commissioners stood with representatives of AFSCME and our Office, and announced this alternative budget, which will restore the jobs of front-line employees who provide real services to the citizens of Cook County.

We will soon be planning any further action that we think will be helpful in getting this alternative budget passed, and we will let you know of the plan. In the meantime, you should call your commissioners, thank them for all the hard work on the alternative Public Defender budget, and let them know that we support their efforts.

While the fight for our jobs and our Office is far from over, this alternative budget is great news.

In an article entitled “Stroger finds $25 mil. as Union Sues,” Stroger announced that $8 million dollars will be restored to our budget to avoid the proposed 4-day work weeks and salary reductions.  This is great news.  Read this article at  http://www.suntimes.com/news/metro/256198,cst-nws-county14.article. 

At this time, this budget restoration does not address the layoffs that are still proposed for our office.  We will communicate with Commissioners about this, and provide further news on this matter soon.

Today, lawyers for AFSCME filed a Complaint for Injunctive Relief in Cook County Chancery Court, seeking to stop the planned staffing and pay cuts to the Office of the Public Defender.  As you all are aware, Todd Stroger plans on laying off dozens of assistant public defenders, and has more recently notified us of his intent to impose 3-day and 4-day work weeks along with salary reductions.  The Stroger plan amounts to a 30% work force reduction and a 25% salary reduction in 2007.  Our lawsuit asserts that salaries and hours of employment are set by contract, the Collective Bargaining Agreement, and cannot be unilaterally changed by either party.  The lawsuit has been assigned to Judge Maki, and further information will be posted here as the litigation progresses. Complaint 

Also today, the Executive Board published an open letter to the legal community in the Chicago Daily Law Bulletin. Open Letter  The Executive Board is calling on the legal community to take notice of the crisis in this Office, and support our cause to maintain this County’s commitment to the requirements of the Sixth Amendment to the United States Constitution.  Should you have any ideas about further action to garner support, contact Brendan Max or Bob Galhotra.

Finally, we continue to work with County Commissioners to try to inform them of the devastating effects of the proposed budget cuts, and work to get assistant public defender jobs put back in the budget.  Members of the Executive Board met face-to-face with Commissioners in the last 2 weeks, and representatives of AFSCME Council 31 have been conducting ongoing meetings as well.  As the budget amendment period gets underway, we will keep you informed of amendments that affect our Office.

The Union was informed by Management that they have finally obtained accredited provider status from the MCLE Board. This means that the Office is qualified to provide training that will count towards our 20-hour requirement. While we have attempted to obtain a promise from Management that the Office will use its accreditation to provide enough free in-house MCLE so that APDs do not have to pay for MCLE elsewhere, the Office has refused to make this promise to APDs. We are nonetheless hopeful that the Office will begin to provide such training soon. All attorneys should be aware of the new MCLE requirement, and should look for training opportunities posted in the Office.

Below are some Frequently Asked Questions regarding the current budget crisis and its effects on the Public Defender Office:

Q: Does the Public Defender budget proposal currently include 4-day work weeks and 10-day furloughs?
A: Yes.

Q: Has the Union been provided with an official layoff list yet?
A: No. We demanded one from Management, and they claim not to have one at this time.

Q: Will APDs designated for layoff have meetings with AFSCME?
A: Yes. AFSCME will arrange meetings with the Human Resource Division of Cook County to go over any possible job openings for which APDs have priority.

Q: What is a APD start date for purposes of layoffs?
A: The day you started as an assistant public defender with the office, minus any unpaid leave.

Q: Can supervisors re-enter the bargaining unit?
A: See the applicable CBA provision.

Q: Does an APD on layoff have to continue paying union dues in order to preserve callback rights?
A: No.

Q: Are there any AFSCME programs to assist APDs who are laid off?
A: No. Anyone designated for layoff will be eligible for unemployment compensation as well as COBRA medical insurance benefits. If you have further questions about the effects of layoff on life insurance, pensions, and other benefits, please call AFSCME Council 31 at (312)641-6060.

Q: If an APD is in transition from Grade I to Grade II at the time of the layoff, at which level will they receive unemployment benefits?
A: Unemployment benefits are calculated on an employee’s final paycheck before layoff, so the Grade I rate will apply unless you have already begun to receive Grade II pay. Also, if you are recalled from layoff and had not received Grade II pay yet, you will be re-instated at Grade I pay.

In addition, please familiarize yourself with our CBA, which can be downloaded from the “Stewards and Grievances” page of this website.