Cook County Public Defenders Blog

Wake and Funeral Mass Arrangements for Martha Fitzsimmons

 Wake:  Thursday Evening    February 25^th, 2010 McDonough Hall  (Gleason Building)  2^nd floor 1101 Columbian Avenue Oak Park, Illinois  60302

Visiting hours: 6 pm through 9 pm At 7:30 pm, there will be a special service with prayer, sharing memories, and music. Everyone who wishes to share a “Martha story” is asked to write up a reflection and bring it on Thursday evening to share with family and friends. All stories are being collected to create a memory book for Rafa.  

Memorial Mass:  11 AM  - Saturday , February 27^th, 2010  St. Giles Church  (Columbian and Greenfield) Oak Park, Il. 60302

 Reception:  McDonough Hall immediately after the service.

Some thoughts on Martha from Larry Spivack, President of the Illinois Labor History Society and Regional Director, AFSCME Council 31 and an AFSCME organizer who helped start this Local.

About 25 years ago Martha Fitzsimmons joined a zealous group of advocates. They were Cook County Public Defenders, but they were more than that. They were a band of activists who sought to bring a Union to the Public Defenders Office. In doing so they were able to bring a much greater sense of dignity to the job, not just in material terms, but also in creating a sense of community that had been lacking for some time. By September of 1987 a ground breaking Agreement between the Public Defender and AFSCME’s newest affiliate, the Cook County Public Defender’s Association had created something almost unimaginable: It was a contract between the parties that made a pathway for a financially durable career as a Public Defender and made an organization that lives to this day with one of the best contracts for attorneys who are sometimes referred to around the country as the Peoples’ Lawyers. Public sector lawyers around the country can, in part, thank Martha Fitzsimmons if they have competitive wages and benefits.

This Agreement would not have been reached or lasted as long without Martha Fitzsimmons. Martha was a hard bargainer, known to never mince words or to compromise without cause. Despite her strong opinions and ideas, Martha was one of the few who walked the walk and lived by her own words. Martha stayed active in the Union for the entirety of her career. If not out front on a bargaining committee or on the leadership team of the local union, Martha was a steward the entire time AFSCME represented our office. She was always a resource for younger attorneys who realized the idea of union representation was a natural role for an Assistant Public Defender but had no idea how to get there. Martha’s actions in helping build the union into a vibrant institution is not unique, but nevertheless unusual when it comes to Attorneys. Martha was one of the few who made the connection between unionization and social justice for the indigent and less fortunate. For Martha, defending the Constitution and defending her union contract were one in the same. And it wasn’t just about making more money. The connection to good working conditions and an office that promoted career service and the best criminal defense attorneys anywhere is not a simple concept to conjure. But Martha understood this quite well.

It may seem a bit hyperbolic to compare Martha to some of our early heroines in labor history. Mother Jones who fought to end child labor and the dehumanization and  degradation of coal miners; Elizabeth Gurley Flynn who helped bring justice to textile workers; Delores Huerta who struggled for farm worker’s rights or even Jane Adams who marched in nearly every worker’s cause. But we would be remiss if we didn’t think of Martha Fitzsimmons when we think of some of the women today who have advanced the cause of workers in general and women and children in particular.

I am sure that Martha will be remembered by many of her clients for how she helped them. It is my hope that any PD who has benefited from Martha’s lifetime of service to the office and her union will realize that their standard of living today, their ability to provide a extraordinary service to “the people” is in a large part, due to a women named Martha Fitzsimmons.

Here is how it looks currently for the 2009 budget for the Office of the Public Defender. Edwin Burnette submitted an initial budget proposal for 2009 to Todd Stroger for $60.7 million, about $9 million more than our 2008 budget appropriation. Todd Stroger cut Ed’s initial proposal to about $54 million. In the meantime, Stroger required Ed to present 3 alternative budgets, which included cuts of 4%, 5%, and 6%. Ed decided to structure each of these alternative budgets so that the entire amount of cuts to the office came from attorney salaries- for instance, for the alternative 4% budget, all 4% of Ed’s proposed cuts come from a reduction of the number of attorney positions in the Office.

Last week, the Finance Committee of the Cook County Board rejected Stroger’s bond proposal, and instead agreed on a budget with 4% cuts. To the Public Defender budget, that means a cut from Stroger’s proposed 2009 budget of about $54 million, to a budget of about $51.8 million. This triggers Ed’s alternative budget submission with cuts to attorney positions.

The Union has urged Ed to alter his plan for how to cut $2.1 million (4%) from the budget of the Office and prevent the loss of attorney positions. The following cuts in the Public Defender budget for 2009 should occur before any Assistant Public Defenders lose their jobs: $150,000 for vehicle purchases, and $750,000 for office equipment. Further, all vacant positions can be kept open and not eliminated by funding them at the $1 level. We believe that when you combine these savings, with savings in other areas the Union has suggested to Ed, our Office can limp through this budget season without layoffs.

The annual, local sponsored Holiday Party, is scheduled for 12/12/08, Friday night, at Moretti’s on Jackson.   There will be four hours of open bar, food and music.  Our D.J. for the evening is Tom Pazen who has spun at many clubs throughout Chicago including SmartBar and Crobar.   You must RSVP by 12/4/08 in order to attend.  Unlike previous years, you will only be allowed to bring one guest to the party.  You will not be allowed to bring more than one guest as you were able to in past years for a charge.  And, you must attend the party with your guest; if your guest comes alone, they must wait for you to arrive before we will allow entry.To RSVP, send an email with your name, your guest’s name (if you have one) and work location to unionparty08@gmail.com .  Do it now or you will be sorry.For additional information, consult event chair, Kim Mines at 26th Street. 

AND THANKS FOR VOTING EARLY TO THOSE WHO DID AND TO THOSE WHO VOLUNTEERED ON CAMPAIGNS THIS ELECTION SEASON AND GOT INVOLVED IN THE POLITICAL PROCESS.

Dear brothers and sisters, please keep in mind the limited amount of tickets available for the 9/3/08 Astros at Cubs game with a special pre-party in the upper deck.  Remember, the money we raise (above and beyond the cash laid out for tickets and party) goes to fund the three $2000 scholarships we give to law students who clerk for us  each year.  Get the  cubs/astros game flyer here.

We have been patiently waiting for the County to provide us with copies of our current collective bargaining agreement so we can distribute it to the membership.  The contract was ratified in June of 2006 and expires in November of this year.  But the language regarding contract printing in the signed contract doesn’t have any teeth:

Section 14.11. Contract Printing:The County agrees to arrange for the printing of this Agreement in such numbers so as to provide a copy for every attorney currently in the office and those likely to be hired with while this Agreement is in effect.

Needless to say, it doesn’t say when itneeds to be printed.

In the meantime, we are providing the “redlined” version here for our members to review.  Just click this link : 2004-2008 contract

Here is the text of the complaint filed by Council 31 in the Burnette v. Stroger matter:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31

vs.

TODD STROGER

COMPLAINT

Plaintiff complains against Defendant as follows:

1. The Plaintiff in this action is Council 31 of the American Federation of State County and Municipal Employees (“AFSCME Council 31″). Council 31 is a statewide labor organization representing over 70,000 members in the State of Illinois. Council 31 represents several hundred employees in the Office of the Cook County Public Defender (“the Public Defender”), including those in the classifications of Assistant Public Defender I, II, III and IV. Council 31 also represents investigators and other support staff employees of the Public Defender whose services are essential for the Office to implement its statutory mission.

2. The employees represented by AFSCME have designated Council 31 to be their exclusive bargaining representative with respect to the wages, hours and other terms and conditions of employment. AFSCME Council 31 therefore has standing to bring this lawsuit on their behalf.

3. The Assistant Public Defenders represented by Plaintiff AFSCME are responsible for representing indigent defendants who have been accused of crimes and in certain civil matters. Accordingly, the Assistant Public Defenders represented by Plaintiff AFSCME who work for the Public Defender handled approximately three hundred thousand felony and misdemeanor cases for poor defendants last year. The Assistant Public Defenders represented by AFSCME are organized into approximately 15 different divisions and work out offices in Chicago, Markham, Bridgeview, Skokie, Maywood, and Rolling Meadows. Similarly the investigators employed by the Public Defender and represented by AFSCME handled over 150,000 assignments last year.

4. The Office of the Public Defender is an independent agency within Cook County government. It is currently headed by Edwin A. Burnette. The powers and obligations of the Office and of the Public Defender are defined in 55 Illinois Compiled Laws, Section 5/3-4000 et. seq. In particular, 55 ILCS 5/3-4008.1 provides that the “compensation of and the appropriate number of assistants, clerks and employees [in the Office of the Public Defender] shall be fixed by the County Board and paid out of the County Treasury.”

5. The Defendant in this action is Todd Stroger. Stroger is the President of the Cook County Board of Commissioners. As President he has the responsibility to implement the annual budget enacted by the Board of Commissioners and to properly administer several departments in Cook County, including the Office of the Public Defender.

6. The 2007 budget enacted by the County Board of Commissioners appropriated funds for 465 Assistant Public Defender I, II, III and IV positions in the Office of the Public Defender.

7. Immediately after the appropriation measure was enacted, Defendant Stroger withheld funding for 34 positions within the Office of the Public Defender. These positions included 13 Assistant Public Defenders represented by AFSCME, 4 Assistant Public Defenders who were supervisors and/or managers and 17 support staff. This refusal to honor the appropriation ordinance caused the layoff of 13 Assistant Public Defenders and 13 support staff. These layoffs were illegal because they contravened the budget appropriations measure enacted by the Cook County Board of Commissioners. These layoffs were implemented in April 2007.

8. In addition to causing the layoffs set forth in the preceding paragraph, Defendant Stroger has refused to allow the Public Defender to fill vacant positions. The result has been that the total number of attorneys in the office has decreased by 42 positions since the end of 2006. This number includes 32 lawyers who are in the classifications represented by AFSCME and 10 supervisor/managers. Defendant Stroger’s refusal to allow the filling of vacant positions has also resulted in a decrease in the number of investigators and support staff.

9. The impact of the decrease in the number of attorneys has been to increase the caseloads of the remaining Assistant Public Defenders. Consequently, the caseloads of the Assistant Public Defenders now greatly exceed the recommended caseloads for Public Defenders as established by recognized standard setting agencies such as the American Bar Association. The Assistant Public Defenders assigned to felony courtrooms now have caseloads which average 60% more than the caseloads recommended by national standards. The Assistant Public Defenders assigned to misdemeanor courtrooms now have caseloads which average more than 400% than the caseloads recommended by national standards.

Count I

(Relief for Illegal Layoffs)

This Count is brought by AFSCME on behalf the Assistant Public Defenders and the support staff employees of the Public Defender for their unlawful layoff. AFSCME realleges and incorporates by reference Paragraphs 1 to 9 above as Paragraphs 1-9 of this Count. It seeks reinstatement and damages for the support staff employees who are still laid off from the Public Defender and damages in the form of back pay for the support staff and the Assistant Public Defenders who have now been recalled to work.

10. The decision of Defendant Stroger to withhold the money appropriated by the County Board for the Office of the Public Defender caused the layoffs of 13 Assistant Public Defenders and 13 support staff employees. The actions of Defendant Stroger contravened the appropriations measure passed by the Cook County Board of Commissioners and state law.

11. All of the Assistant Public Defenders represented by AFSCME and all but 2 of the support staff represented by AFSCME who have been laid off have now been recalled to work. Wherefore, AFSCME seeks the following relief on behalf of its members and requests the Court to take the following action:

a) declare that the layoffs ordered by Defendant Stroger violated the appropriations measure and state law;

b) order the reinstatement of the employees who are still laid off;

c) order the payment of back pay to employees for the period they were illegally laid off; and

d) order any other relief the Court deems equitable and just.

Count II

This Count is brought by AFSCME obtain an order to require Defendant Stroger to promptly take action to allow the Public Defender to fill vacancies in his Office. AFSCME realleges and incorporates by reference Paragraphs 1 to 9 above as Paragraphs 1-9 of this Count.

10. Defendant Stroger has a legal duty to honor the appropriation for the Public Defender by the Cook County Board of Commissioners under state law.

11. Since the beginning of the 2007 budget year, Defendant Stroger has prevented the Public Defender from filling vacancies in his office for positions for which funds were appropriated by the Cook County Board of Commissioners in the 2007 budget ordinance. The actions of Defendant Stroger have therefore violated his legal duty under state law to honor the appropriations of the Board for the Public Defender.

12. These actions of Defendant Stroger will continue unless halted by this Court.

13. These actions by Defendant Stroger have caused the caseloads of the Assistant Public Defenders represented by AFSCME to increase substantially.

14. This increase in caseloads has undermined the ability of the Assistant Public Defenders represented by AFSCME to carry out their constitutional, statutory and ethical obligation to effectively represent their clients. It has also made their jobs more difficult and time consuming without any concomitant increase in compensation.

15. Sufficient funds exist in the Treasury of the County of Cook to honor the appropriations ordinance enacted by the Cook County Board of Commissioners for the Public Defender.

Wherefore, Plaintiff requests that this court order the following relief:

a) declare that Defendant Stroger has violated his obligation to honor the appropriations of the Cook County Board of Commissioners and that he has a duty to allow the Public Defender to promptly fill vacancies that occur in his Office;

b) order Defendant Stroger to allow the Public Defender to promptly fill vacancies in budgeted positions and to cease actions that interfere with the efforts of the Public Defender to fill such positions; and

c) any other relief the Court deems equitable and just.

FIRST DEFENSE LEGAL AID

Cordially invites you to join us
in honoring our
2008 First Defender
LOCKE BOWMAN
Clinical Associate Professor of Law
Northwestern University School of Law
Director, MacArthur Justice Center

Thursday, May 29, 2008
generously hosted by
Jenner & Block LLC
330 North Wabash Avenue
40 South Lounge
Chicago, Illinois
5:30 p.m. – 7:30 p.m.
Refreshments and hors d’oeuvres will be served

Sponsorship Levels
$5,000 • Platinum
$3,000 • Gold
$1,000 • Silver
$ 500 • Bronze
$ 250 • Supporter
Individual Donation
$50
Student / Public Interest Donation
$25

Do not hesitate to pass along this invitation to other supporters!

Please make checks payable to “First Defense Legal Aid” and send to:

First Defense Legal Aid | 6400 South Kedzie Ave.| Chicago, IL 60629 (773) 434-4162 | Email: fdlegalaid@gmail.com

Or go to our website and donate using your credit/debit card:

http://www.first-defense.org/AboutUs.htm

About First Defense Legal Aid

First Defense Legal Aid (“FDLA”) is an innovative program that protects civil rights by offering free 24-hour legal representation and advice to any individual taken into Chicago Police Department custody. The Program’s services cover the initial and most critical stage of police detention: immediately after arrest until the time when a public defender has been assigned by the court system. Volunteers are trained to handle emergency calls by determining the nature of the call and whether a station visit is necessary to represent the individual in police custody. If a station visit is necessary, FDLA volunteers will interview the arrestee, inform the arrestee of his/her constitutional rights, provide the arrestee with bond information, and serve as a link between the arrestee and his/her family.

Our History

First Defense Legal Aid began in 1995, as a program of the Chicago Commons Association. It was originally named the “Police Custody Hotline Program”, but the name was quickly changed to First Defense Legal Aid at the request of community residents. FDLA became an independent corporation in 2002, and a 501(c)(3) organization in 2003.

Board of Directors                  Advisory Board                      Honorary Board

Sulaiman M. Qazi                       Jeff Brown                                Locke Bowman

Chairman                                  Patricia Smith                            Carol A. Brook

Michael Wilson              Richard Dvorak              Edwin A. Brunette

Treasurer                                   Craig Futterman             Kenneth L. Cunniff

Carolyn Gold Aberman    Scott Levy                                 John Fitzgerald

Secretary                                   John Lyke                                 Richard S. Kling

                                                Dev Parikh                                Andrea D. Lyon

Harriet McCullough                    Zenaida Alonzo               Terence F. MacCarthy

Sean P. MacCarthy                     Shaena Fazal                              R. Eugene Pincham

Scott T. Kamin              Theodore Woerthwein    Randolph N. Stone

Jonathan Peck                Wayne Novak                            Scott Turow

Kristine Neal                              Michael Finn

Jessica Hunter                Tony Hill

Nikol M. Miller                           Elfreda Dockery

Staff

John Hayes

Executive Director

Julia Sportolari

Development Director

Local 3315 will be having its annual golf outing on July 24, 2008 at Eaglewood in Itasca.   This was the place where we held our outing last year and were having an excellent time — until of course the tornado laden weather hit the area. This year we will be hoping for better weather.  The outing includes 18 holes of golf with a cart, dinner, drinks and a myriad of door prizes.  Our annual chair is Brother George Grezeca of the Homicide Task Force.   More details about tee times and costs for guests as these details become available.  Please mark your calendars (or correct them) for this annual gathering of members on the links.