Lawsuit: City rules allow Ald. Burke to turn Chicago Workers Comp office into patronage 'army'

Lawsuit: City rules allow Ald. Burke to turn Chicago Workers Comp office into patronage ‘army’
FILINGS

By Jonathan Bilyk | Jul 31, 2018

Saying the mayor’s refusal to wrest control of the city’s workers compensation division has allowed Chicago’s most powerful alderman to turn the office into a political patronage “army,” giving preferential treatment to loyal city workers, a lawsuit brought by a city worker who helped expose the Hired Trucks scandal has asked a federal judge to declare unconstitutional Ald. Ed Burke’s management of the office that handles Chicago city workers’ workers’ comp claims, and force Mayor Rahm Emanuel to oversee operations there, despite city rules delegating the task to Burke.

Saying the mayor’s refusal to wrest control of the city’s workers compensation division has allowed Chicago’s most powerful alderman to turn the office into a political patronage “army,” giving preferential treatment to loyal city workers, a lawsuit brought by a city worker who helped expose the Hired Trucks scandal has asked a federal judge to declare unconstitutional Ald. Ed Burke’s management of the office that handles Chicago city workers’ workers’ comp claims, and force Mayor Rahm Emanuel to oversee operations there, despite city rules delegating the task to Burke.

On July 30, plaintiff Patrick McDonough, who works in the city’s water department, filed suit in Chicago federal court on his own behalf, along with citizen activist Jay Stone, of Pleasant Prairie, Wis., alleging the arrangement created by Chicago city code, giving the chairman of the city’s Finance Committee control of the city’s workers comp division violates Illinois law, the Illinois state constitution and U.S. Constitution, by improperly giving control of an executive office function to a member of the legislative branch.

Specifically, the complaint alleges the city’s ordinance giving Burke, who represents the city’s 14th Ward and chairs the City Council’s Finance Committee, does not comply with Illinois state law, which gives Chicago’s mayor “the power and duty to appoint and remove all City of Chicago department and division heads.”

Further, the plaintiffs argue Burke’s oversight of the workers’ comp division violates state law prohibiting aldermen from serving as both alderman and an administrator of an executive office. In this case, the complaint asserts Burke should be barred from serving as alderman and “Chief Administrator for the Chicago Workers’ Compensation Division,” as the “dual roles” create “inherent conflicts of interest,” as he is able, as the City Council’s Finance Committee chairman, to access $1.4 billion in “water, sewer and vehicle tax funds,” and then spend that money through “workers compensation vouchers.” The complaint does not specify how much of the “water, sewer and vehicle tax funds” the city may spend on workers compensation claims.

14th Ward Alderman Ed Burke
However, for more than three decades, the lawsuit alleges Chicago’s mayors, including Mayor Rahm Emanuel, have allowed Burke to run the workers’ comp division. Further, the lawsuit alleges, this arrangement has permitted Burke to use the office to hire workers essentially off the books, sidestepping federal court decrees regulating the hiring of unqualified political patronage workers, and then using the workers’ comp office workers as political operatives to bolster Burke’s Democratic organization.

According to the complaint, McDonough took note of the alleged arrangement when the city allegedly mismanaged his workers’ comp claims. According to the complaint, the correspondence regarding that claim was sent by a Burke employee identified as Monica Somerville, a former top assistant Chicago city attorney whose name had appeared on so-called “City of Chicago Clout List,” uncovered by the FBI during its investigation of job-rigging in city departments.

Somerville had been fired by the city’s Law Department “for incompetence” less than 18 months after she was first hired, according to the complaint. She then attempted to sue the city for “racial discrimination and sexual harassment,” the complaint noted.

Yet, despite her problematic history, Somerville was hired by Burke, ostensibly as a legislative aide. Yet, in correspondence with McDonough, the complaint said she identified herself as “Director of Workers Compensation,” a title claim the complaint asserts is false.

The complaint alleges Burke has also used such hiring patterns to fill other staff positions at the workers comp, hiring “political appointees who lacked the requisite workers’ compensation education and experience,” including employees whose prior work experience was “as a dog groomer, dog walker, hairstylist, waitress, and other jobs unrelated to the administration of Workers’ Compensation.”

“Alderman Burke’s unprofessional recruitment and management of his workers’ compensation subordinates create a politicized environment that encourages workers’ compensation employees to make bias (sic), unfair decisions based on politics, not merit,” the complaint alleged.

If the hiring decisions were handled through the mayor’s office, the complaint asserts hiring would need to comply with standards spelled out in the so-called “Shakman Decree,” a federal court order directing city departments to evaluate candidates using merit- and qualification-based standards when filling job openings, to reduce political patronage hires.

However, positions classified as legislative are generally exempt from the Shakman rules. By classifying workers comp employees as “legislative” hires, Burke is able to sidestep the Shakman rules, the complaint alleges, giving him direct control of 65 political jobs.

Further, the complaint asserts the workers comp division jobs are not included in the formal budget requests Burke submits to the City Council for the Finance Committee, causing him to submit “annual budgets that were far less than the actual amount his Committee on Finance expended each year” and “deliberately” underreport “the number of employees working for him and the amount of their salaries from at least 2011 to present.”

The complaint asserts the mayor is willing to abide by the arrangement to help secure Burke’s support on the City Council for legislation and other initiatives supported by the mayor.

And, the complaint noted, Burke has opposed attempts to allow the city’s Inspector General’s Office to audit the workers’ comp division.

“Alderman Burke hires his Workers’ Compensation subordinates based on their ability to help him secure votes for himself and his favored candidates,” the complaint alleges.

“Alderman Burke provides preferential treatment, including disability pay, benefits and settlements to injured city workers when they are also precinct captains for political bosses throughout Chicago and Cook County,” the complaint further alleges. “During election seasons, the City workers – who received preferential workers’ compensation benefits from Ald. Burke – campaign and deliver votes for Alderman Burke and his favored candidates.”

The complaint asks a federal judge to declare the city rules giving Burke control of the workers comp division illegal and unconstitutional, and “to move the administration of (the city’s) Workers’ Compensation Division from the legislative branch of government to the executive branch of government for the purpose of having Mayor Emanuel and Ald. Burke comply with the U.S. Constitution, Illinois Constitution and (state laws.)”

And the complaint asks the judge to give the Inspector General “permission to conduct a … financial audit and claims review for the last seven years and allow OIG to release its findings to the public.”

McDonough, who works as a plumber in the city’s Water Department, was fired in 2005, ostensibly for violating city worker residency rules. Mr. McDonough won his job back after a legal battle won by John Loevy of Loevy and Loevy in Federal Court. However, McDonough had four years earlier complained to the city’s Inspector General of payments improperly made to politically-connected trucking firms, whose trucks were supposedly being used for city projects, yet were actually sitting idle. The resulting investigation of the so-called Hired Trucks scandal also led to a federal investigation of city job-rigging practices, together resulting in indictments and convictions of former city officials.

Chicago Department of Water Managment Employee assaulted June 5, 2011

Chicago-20110605-00306 assalt final.jpg June 5, 2011 was not a good day for City of Chicago Department of Water Management Plumber Patrick McDonough. Another employee took it upon himself to allegedly call Patrick McDonough a “fu*king Asshole.” Patrick McDonough takes pride in keeping his assigned vehicle clean and neat. Night crew workers have been sleeping all night in his truck, wearing out the air-conditioning, and taking parts to fix up their trucks. One of the laborers took some stolen parts back from another driver’s truck, and you guessed it, Patrick McDonough got blamed. This is the third alleged assault from this driver according to sources. This driver was caught smoking in the trucks before and a verbal reprimand was given. A boss blamed the leak desk when they were not able to get ahold of him. Another assault happened again while the Plumber was attempting to leave home. The Chicago Police were called and the driver admitted to the verbal assault. The police said this is an internal matter and left. They said the same thing when a State Senator Munoz’s brother also allegedly assaulted another city worker. Both workers were drug tested which makes no sense at all. The Violence in the Workplace rules were not followed and the Water Department has still not made provisions to assist the victim with needed paperwork followup. Supervisors were also interfering with attempting to settle the matter “off the books” on Wednesday. The Office of the Inspector General are still not providing answers. I will get back to you on this story as things progress. If we have zero tolerance, let’s have zero tolerance. The alleged offender had family fired from the Hired Truck Scandal from the Water Department, time to let the grudge go dude! The victim was kicked off his new truck and thrown into the oldest junk truck in the fleet. It is called retaliation. ]]> Continue reading “Chicago Department of Water Managment Employee assaulted June 5, 2011”

Another Cover-up for Daley's Hired Truck Royal Family. Water Department scams public!

Thursday April 27, 2011 was another great day for the Daley faithful at the City of Chicago, Department of Water Management. Thomas “Tom” Tadin enjoyed another party on the taxpayer’s dime. The morning party was described a “just a coffee” by the Commissioner’s office. I asked Tom LaPorte, the department’s spokesperson what happened on Thursday and he stated, “I have no idea what you are talking about”. These type answers calls for the termination of this joker. Will Rahm Emanuel keep folks like this on the payroll? Just a decade ago, the Jardine Plant was known as “Plato’s Retreat”. Wild City Workers enjoyed everything but an honest day’s work. Clouted City Workers usually turn in their I.D.s in the morning of their last day, turn around and go home. They just need to stick it to taxpayer’s one last time. Maybe Tom will tell us about Friday morning. On another note, insiders at the Water Department need to look closely at the picture in this story, do go too far when you retire, you will be back! Will Rahm Emanuel fire all these Level 51 party animals, or get seduced by the loose money and temptation? God only knows! NEXT TIME: post all notices of your parties, I will find out anyway! Photo by Patrick McDonough. ]]> Continue reading “Another Cover-up for Daley's Hired Truck Royal Family. Water Department scams public!”

City of Chicago Truck Drivers and 726 Members return back to duty

Almost all the laid off workers from the City of Chicago Motor Truck Drivers are back on duty. Next Monday should put the last stragglers back on Mayor Daley's payroll. Ever have the feeling an election is on the way? A lawsuit filed by Attorney Russ Stewart on behalf of these hard workers is inching along in court. I am proud of all the work I did to help this happen. It took hundreds of phone calls and meetings. I am still waiting for my honorary Local 726 hat. More lawsuits and grievances slated for Daley. Time to clean up the way Daley runs Chicago. This was kept quiet,eh? Patrick McDonough

Hired Truck Lawsuits continue, Mayor Daley needs to raise taxes, More lawsuits against Chicago

More Hired Trucks 1.jpg Most of this summer required me to watch Mayor Daley and his Administration continue to break the law of the land. Mayor Daley looked like a fool when the 726 Teamsters would not give into his insane demands. Daley was playing both side of the coin when he was telling the world Chicago had money, but he was cheating Chicago City Workers out of fair pay and work. Every Chicago City employee knows Daley laid off Chicago Teamsters and replaced them with Hired Trucks. Many of the Hired Truck Drivers are scabs and belong to phony minority and disadvantaged businesses. Mayor Daley may consider a black, a Mexican, and a women a disadvantaged human but I do not. I was contacted by several drivers from Midway Airport and several drivers from Local 726. I recommended a lawyer that would start and finish a lawsuit and not steal their money. I am very glad on October 13, 2009; Attorney Russ Stewart filed a lawsuit on behalf of what could become (200) two hundred Chicago City Workers. The lawsuit is against The Chicago Department of Aviation, The Chicago Department of Transportation, The Chicago Department of Streets and Sanitation, and my friends at the City of Chicago Department of Water Management. Want all those teamsters to know, I followed Hired Trucks and took pictures for free. The teamsters might have the last laugh yet! Here is the link https://w3.courtlink.lexisnexis.com/cookcounty/FindDock.asp?NCase=&SearchType=2&Database=3&case_no=&=&=&=&PLtype=1&sname=alonzo+anderson&CDate= Good luck everyone. Photo by Patrick McDonough

City of Chicago Department of Water Management Employee sentenced to eight years

Now the whole story regarding George Prado and the Department of Water Management; Many City of Chicago workers knew what was going down in the Department of Water Management in the North District. George drove a nice Mercedes Benz two door sports car and had prime parking right by the fence in the Wabansia yard. (3822 West Wabansia in Chicago) George had a really nice job of driving the compressor truck, a clout job. This was a job so nice, George was one of the best dressed in the department. Several of the workers were on heroin and everyone knew it. The department gave preferential treatment to these workers, they worked in the yard, the dock, or investigator shift. Some of these guys also move furniture and completed personal errands on city time for the bosses. One of the guys sported a huge chrome gun, showed it to everyone, and nothing was done. Anyone who knew the system knew who gave these guys great treatment. Imagine making full engineer's pay with a do nothing job. Maybe someday the investigators will question George Prado and get an answer on how he could be two places at once. This is a case of looking away from the people that were responsible during his employment with the City of Chicago. This is a case of bosses allowing corruption, Heroin deals, and payroll fraud. Same guys that got away with HIred Trucks. It went on for years at work and the old Inspector General knew nothing? George Prado was a dago wannabe, just another guy that knows more than he told. But, these were the guys that were taken care of, Chicago Style.

What did Anthony "Tony" Laurino know about Mayor Daley's Hired Truck Scandal

Anthony Laurino of Hired Truck Scandal Many people never will know all the people involved in the Hired Truck Scandal. Not every participant was interviewed by the Feds. Alexander Vroustouris, the Inspector General seemed to look over many of the facts and participants. Will the public ever know the extent of the criminal activity? When the Feds took over the investigation every indication led us to believe Anthony “Tony” Laurino, John Rottman, Michael Tierney, and John D’Amico never disclosed everything they knew. We have a TV show with witnesses putting Hired Truck Business run out of Alderman Margaret Laurino’s political office. Some of the Hired Truck participants died after the Scandal broke by the Chicago Sun-Times. It gives one pause as Christopher Kelly shows up a stiff before his additional court dates arrive. Anthony Laurino retired from the City of Chicago (now called Department of Water Management) after a buyout was formulated by the State of Illinois. In all fairness, not just Tony, a bunch of guys located closely to Hired Trucks. Anthony works for Koenig & Strey in Glenview, he reported to me the massive pension is offset by additional 600 dollars a retiree must pay towards the health insurance deductible. I remember when I was fired for alleged residency violations by the City of Chicago, Tony mailed me his Real Estate card; he is such a wise guy. When it comes to legal firepower, that man has Clout. Good Luck Tony, Photo by Patrick McDonough.