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Judge orders reinstatement of 2 fired state workers

Posted August 07, 2007 11:00 pm

Chris Dettro

A Sangamon County judge Wednesday ordered the reinstatement of fired state workers Dawn DeFraties and Michael Casey.

Circuit Judge Patrick Kelley ruled the state Civil Service Commission lost jurisdiction in the case when it failed to rule within 60 days after receiving transcripts of proceedings.

Lawyers for the Civil Service Commission and the agencies that DeFraties and Casey last worked for argued that the commission's remand of the case to an administrative law judge for more testimony constituted a decision.

Springfield attorney Carl Draper said he expects his clients to be ready to go back to work on Monday. DeFraties and Casey also will receive back pay and benefits.

"We're very happy to have had our day in court," Draper said.

DeFraties and Casey were accused of manipulating job applications to help people with political connections, and Gov. Rod Blagojevich cited their case as an example of his corruption fighting.

Though working for other state agencies when they were fired in April 2006, DeFraties and Casey were alleged to have given favorable treatment to politically connected job applicants when they worked in personnel at the Department of Central Management Services.

After hearings, an administrative law judge for the Civil Service Commission recommended that most of the charges be thrown out. However, he also recommended two-week suspensions for minor infractions, including allowing some employment applications to be graded ahead of others.

But the commission voted May 17 to remand the case to the administrative law judge for more testimony, even though neither side had asked that the hearing be continued.

Kelly called the commission's remand for additional evidence "somewhat bizarre."

"The Civil Service Commission didn't say why it sought additional evidence or what evidence it sought," Kelley said. "These are the actions of a mysterious and calculating bureaucracy."

Assistant attorney general Matthew Bilinsky, representing the Civil Service Commission, argued in court that the commission did meet the 60-day requirement because it remanded the case.

State law calls for a decision within that time period, he said, but not necessarily a "final decision."

Joseph Gagliardo, a Chicago lawyer representing the state agencies, argued that the legislature didn't intend for the employees to be reinstated after the 60 days were up, because the law reads, "shall be considered to be reinstated."

Draper said he expects the state to appeal.

"But this time, the employees will be getting paid and it will be gone about the right way," he said. "The state will have incentive to get this done on time."

Chris Dettro can be reached at (217) 788-1510 or chris.dettro@sj-r.com.

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