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Free the CMS 2 *** Updated x2 ***

Tuesday, Mar 20, 2007

[Updated - twice - with very important info and bumped to the top because I felt like it.]

How much more can the case against Dawn DeFraties and Michael Casey possibly fall apart? Every major witness has folded under cross-examination

[Mark] Dawson earlier testified [for the state] about more than two dozen applications. He indicated in writing on some that he had been instructed by DeFraties or Casey to grade them and put them directly on the electronic statewide system ahead of others _ giving them a better and quicker chance at the state payroll.

But under cross-examination Monday by lawyer Carl Draper _ the attorney for the fired employees _ Dawson said he had never spoken to DeFraties or Casey about any so-called “special applications” and that it was inaccurate to put those notes on the applications. […]

Dawson said Monday that he knew through his immediate supervisor, Cynthia Dixon, that the applications had come from Room 503 in Springfield’s Stratton Office Building _ DeFraties’ and Casey’s office _ and that such applications should be graded first.

But he said neither DeFraties nor Casey told him to grade them differently. In fact, he said he graded them the same way as any other application that came in through the mail and that no rules or law stipulate in what order applications are evaluated. […]

Dawson, however, then acknowledged that Dixon’s concerns merely were to ensure that applicants’ experience and education was evaluated fairly and uniformly.

If the state has some secret Ace up its sleeve it better play that card soon because right now this is looking like a total frame job to me.

DeFraties was advised by more than one acquaintance of mine before she ever took the CMS personnel chief job that she better keep a complete and comprehensive paper trail of everything she did because if something went wrong they’d toss her over the side. She did, it did, they did. And now her lawyer knows as much or more than the state does about its own case.

*** UPDATE *** Oh, for crying out loud

Later, an investigator for the state’s Office of the Executive Inspector General acknowledged that his case against DeFraties and Casey for allegedly manipulating state hiring rules was built on witness statements of “graders” such as Dawson that he never independently verified.

“I was relying upon the testimony and the interviews of the graders,” Richard Lantz said. “I believe the graders were telling the truth.” […]

Lantz, the inspector general’s investigator, said he did not research state hiring rules or interview CMS lawyers or other experts on how hiring is supposed to work. He said he didn’t check the accuracy of a log of applicants Casey allegedly kept, didn’t pursue whether the son of a Blagojevich aide was hired properly, and never looked into whether any false information was submitted on applications.

“That was something other than what our investigation was inquiring about,” Lantz said.

This is our vaunted Inspector General’s office? Their investigations look about as professional as their ethics exams. [Hat tip to a commenter.]

*** UPDATE 2 *** Yet another prosecution witness bites the dust

A witness in the case of two Illinois state workers fired for allegedly tinkering with the job application process said today some applications were handled differently because of tradition — not because of pressure. […]

[CMS job-evaluation supervisor Cynthia Dixon] said applications that came from DeFraties’ office from 2003 to 2005 were evaluated ahead of others.

But — under cross-examination — she said that process had gone on for years.
She said the process continued because it always had been done that way. She said DeFraties did not instruct her on handling them.

Could the state’s case really be this horribly pathetic? Sure looks that way. [Emphasis added]

- posted by Rich Miller


41 Comments
  1. - Yellow Dog Democrat - Monday, Mar 19, 07 @ 4:24 pm:

    Advice to Scapegoaters: “I think you’re going to need a bigger goat.” [for you JAWS fans out there.]


  2. - Rich Miller - Monday, Mar 19, 07 @ 4:25 pm:

    LOL


  3. - VanillaMan - Monday, Mar 19, 07 @ 4:39 pm:

    It looks like a frame job because it is a frame job. Pure and simple.

    Advice to Scapegoaters: “In the 21st Century, goats use computers, the Internet and E-Mail. Nothing is secret anymore.”


  4. - MIDSTATE - Monday, Mar 19, 07 @ 4:54 pm:

    It almost looks like that they fired these two, just so they could hold this Kangaroo court to say “look they were found to have done nothing wrong, so the Gov. did nothing wrong.”


  5. - Bubs - Monday, Mar 19, 07 @ 5:14 pm:

    But can/will the media get across to J.Q. Public the truth revealed in this case - that Blago’s scapegoats are NOT the origin of the “massive hiring fraud”, and the trail leads elsewhere?

    Let’s hope the Feds get it.


  6. - Rich Miller - Monday, Mar 19, 07 @ 5:23 pm:

    I don’t know if they get it, but I’m pretty sure they have it.


  7. - Anonymous - Monday, Mar 19, 07 @ 6:07 pm:

    Let’s hope the gov’s lawyers don’t fold up the tent before Draper (hopefully) puts Dawn on the stand. You have to think she’d be throwing some folks under a bigger bus, don’t you?


  8. - Little Egypt - Monday, Mar 19, 07 @ 6:21 pm:

    I can’t fathom what song and dance Blago & company will come up with to dismiss this whole thing and put these two employees back on the payroll. But you can bet it will be a doozey, a real dog and pony show, and will be done before Dawn and Michael have a chance to take the stand and start throwing some higher ups under the same bus that ran over them. Now that scenario would be for a governor who realizes he is on the Titanic. I don’t believe Blago is that smart, plus he’s doing another dog and pony show around the state for his new taxes. This whole CMS thing may not even be on his radar anymore, and that’s a pretty sad state of affairs.


  9. - Limerick - Monday, Mar 19, 07 @ 6:45 pm:

    After four years of barnyard stains
    We yearn for cleansing rains.
    But with the Feds going cold,
    Blago is bold.
    The snowdrifts are growing again.


  10. - Tony Rezko's mustache - Monday, Mar 19, 07 @ 9:40 pm:

    Think it’s safe to assume that Los Federales get it and have it, so to speak. Perhaps the biggest problem the CMS 2 have in this proceeding is NOT being able to bring out their best material, if you will, because the “G” has kindly requested that they save it for another venue.


  11. - Finally - Tuesday, Mar 20, 07 @ 5:54 am:

    Remember Mr. Campbell?
    He left suddenly recently, everything at CMS points to him.
    DD said “No” to him repeatedly about his misdeeds, he was in charge of Procurement from Day 1, he became Mr. Infomercial for the admin—using lots of PR and taxpayer dollars……I am sure he is not forgotten by those who are looking.


  12. - It just doesn't stop - Tuesday, Mar 20, 07 @ 6:20 am:

    Did anyone see the AP article about Dawson’s testimony that included the following: “Later, an investigator for the state’s Office of the Executive Inspector General acknowledged that his case against DeFraties and Casey for allegedly manipulating state hiring rules was built on witness statements of “graders” such as Dawson that he never independently verified.”?

    Wonder if the investigator has read that during the hearing Dawson said he made his “pressure” stories up, Longmeyer said he was told not to do things that he did, and every other person has backpedaled? This is just incredible. State employees, you should be very, very afraid. Being the subject of smoke room gossip has been taken by the OEIG to a whole new level.


  13. - Justice - Tuesday, Mar 20, 07 @ 7:54 am:

    The Inspector General’s office has turned out to be quite an embarrassment and disappointment to us all. They fail to follow up on good information and botch what they have. Add to that the fact that their remedy is kept secret. Not a good show for truth and justice. Should disband that office altogether.


  14. - Cassandra - Tuesday, Mar 20, 07 @ 8:12 am:

    Are Inspector General investigators political hires? If so, the entry bar into that classification is probably not, shall we say, competitive, meaning you don’t have to sit a competitive exam and don’t have to have to meet stringent education/experience qualifications to get these jobs.

    And, as is true in some many agencies under Blago, the taxpayer ultimately pays for the admission into state government of unqualified individuals of modest abilities at best. This has been an expensive process and the state should have settled it months ago.

    This also raises questions about the Inspector General. Is he or anyone else reviewing employees’ work? Requiring independent verification of testimony, especially in such a high-profile case, would seem to be a no-brainer.


  15. - Justice - Tuesday, Mar 20, 07 @ 8:29 am:

    The Inspector General is a “She.”


  16. - clean this up - Tuesday, Mar 20, 07 @ 9:12 am:

    Actually the current IG is a “he”. The original IG was a “she” (Z Scott) who apparently did a pretty good job picking the issues to go after.

    But the follow through and review later by offending agencies or those to whom cases were refferred was not the quality you should expect.


  17. - VanillaMan - Tuesday, Mar 20, 07 @ 9:54 am:

    OK - let me get this straight…

    The guys they want to fire have better documentation and better research than the professionals charged with documenting and researching?

    It sounds as if when this is all over DeFrates and Casey should be given charge of the IG office!


  18. - Objective Dem - Tuesday, Mar 20, 07 @ 10:11 am:

    I’ve said it before, the EOIG doesn’t know what they are doing. They don’t understand the civil service system and the concept of progessive discipline. They rely on hearsay and rumours instead of clear evidence.

    In regard to “Clean this Up” comment about agencies not following through. You should see the mess they handed off to departments.


  19. - Larry Mulholland - Tuesday, Mar 20, 07 @ 10:13 am:

    Rich, Thank you for calling it like it is. A “frame Job”! Much like many of the employees he has fired with the hoopla of press releases and press conferences.

    These two are in a long line of employees who have been framed or simply used to promote BLAGO as the reformer. Then the courts order order people back to work with back pay tehn all we have left is the legal fees.

    I would love to se the true numbers of the legal costs to defend all of these cases. Blago accused fired emoployees of being part & parcel to a conspiracy to commmit fraud only to be forced to later rehire & pay them back pay and it’s happening again.


  20. - clean this up - Tuesday, Mar 20, 07 @ 10:15 am:

    The “mess handed to Departments” could be then used by Department to invoke discipline that was inappropriate (DeFraties) or look the other way, cases where action should have been taken that was not.


  21. - He Makes Ryan look like a saint - Tuesday, Mar 20, 07 @ 10:21 am:

    Dawn and Mike did a good job for the department. They followed orders and kept great records, because even they could not trust their OWN Governor’s office. I hope Dawn drops the bomb on a whole bunch of them.


  22. - Crimefighter - Tuesday, Mar 20, 07 @ 10:48 am:

    CMS - Completely Mismanaged Screwballs is a house of cards on the brink of total collapse.


  23. - Anon. - Tuesday, Mar 20, 07 @ 11:37 am:

    The OEIG’s lack of proper investigation is very alarming. Not only is Dawn and Mike’s livlihood at stake here, but also their reputation. The OEIG’s office is charged with seeking the truth based on factual evidence. This is nothing but an expensive taxpayer dog and pony show.


  24. - Anonymous - Tuesday, Mar 20, 07 @ 12:32 pm:

    No wonder they set up the OEIG so that pretty much everything that goes on there is secret. Would not want the public to find out what a good job they are doing ‘investigating’ all these transgressions!


  25. - leigh - Tuesday, Mar 20, 07 @ 1:10 pm:

    Does anyone know how many other employees have been unfairly fired by this administration? I bet a lot more than these two folks.


  26. - Team Sleep - Tuesday, Mar 20, 07 @ 1:34 pm:

    Why should anyone be surprised by the administration’s antics? The OEIG acts in accordance to the wishes of top Blago aides. A lot of in-house inspectors are nothing more than an in-house complaint office that can tattle on the people who have a gripe (legitimate or not). Once someone is seen as a nuisance or even a threat, the brass can act as they see fit. From everything I’ve read and heard about some of Blago’s former assistants, such a method of “inspection” could be real.


  27. - One_Mcmad - Tuesday, Mar 20, 07 @ 2:46 pm:

    The Office of Executive Inspector General is the State.

    Since the state failed to properly investigate the allegations brought by whomever, “graders”, the state failed to properly and thoroghly investigate whether Defraities and Casey firing was retaliatory or whether there was some merit to their allegations.

    The States’ investigation was biased for the state……………………………………..


  28. - chalkline - Tuesday, Mar 20, 07 @ 3:02 pm:

    Just once I would like to hear from an elected official, Democrat or Republican ” I will hire who I damn well please. If you don’t like it then don’t vote for me”. That of course would be far too honest an approach for anyone running for office. The public would much rather hear lies and phony idealistic blather than real truth.


  29. - A Citizen - Tuesday, Mar 20, 07 @ 3:38 pm:

    Thank goodness we have a state Merit System for civil servants. Backed by a Personnel Code, Rules and a Pay Plan administered by a state agency with oversight by the Civil Service Commission! Plus a few union contracts. What could possibly go wrong in a system with such checks and balances under an honorable administration ? Where am I going wrong here ???


  30. - old timer - Tuesday, Mar 20, 07 @ 5:28 pm:

    I don’t understand why state agencies are just paying the extra expenses state agencies have to pay to CMS as surcharges. Also, a consultant, Deloitte, is drafting a Shared Services work element to combine contracting, obligating and invoicing for several state agencies. Are state employee’s going to be layed off because of the Shared Services? Probably, but they say no. I’m just frustrated because none of the right questions are ever asked.


  31. - Tellin the things they don't want you to know - Tuesday, Mar 20, 07 @ 5:37 pm:

    old timer, there is a document out there produced by Deloitte which says that the shared services will result in a workforce reduction of 1,100 people from accounting, hr and fiscal operation consolidations. That means chances for layoff are mighty good.


  32. - chalkline - Tuesday, Mar 20, 07 @ 5:48 pm:

    Had to take one more look. 80 or 90 percent of the comments say how terrible it is. It’s criminal or whatever. Same thought. Just someones idea of cleverness saying it differently. How many of these posters are Republicans angry because they or their friends can’t get hired under Blagojevich the way they were hired under Ryan, Edgar and Thopmpson?


  33. - Gregor - Tuesday, Mar 20, 07 @ 6:12 pm:

    “Impostor General”, more like.


  34. - Decatur Dave - Tuesday, Mar 20, 07 @ 6:15 pm:

    Many, many, many state workers are rooting (in silence)for these two brave souls to be reinstated and for Blago to have to eat his words. The Executive Inspector General is a joke, and a bad one at that.

    The next investigation should be into the qualifications of their staff, or the lack thereof. People who have interacted with them report behavior that appears to come from TV cop shows, e.g., the “good cop, bad cop” act, and of course, the yelling and swearing at witnesses. What a group of professionals!


  35. - just wondering - Tuesday, Mar 20, 07 @ 6:44 pm:

    If she is reinstated will it be to the job with CMS or to the last state job she held with Healthcare and Family Service.


  36. - Tellin the things they don't want you to know - Tuesday, Mar 20, 07 @ 6:51 pm:

    old timer, there is a report out there by Deloitte that says there will be a headcount reduction of 1,100 employees through their shared services hr, accounting and fiscal consolidation. Appears that there are definitely layoffs in the future. Where the heck else are they going to put 1,100 people and still claim that they saved the taxpayers $$? Wonder how long it will take or how many people need to lose their jobs just to pay for Deloitte?


  37. - A Citizen - Tuesday, Mar 20, 07 @ 6:52 pm:

    My information from employees who have come in contact with the “inspectors” yields a description of their behavior much closer to Underworld Enforcers with no indication of professionalism nor respect for the “target”. Just crude unprofessional political hacks. Their favorite act is to “perp-walk” the victim out of the workplace in front of all of their friends and co-workers. Mob connections? I hardly think so - not very polished or competent in their performance. I think GOONS is the operative descriptor. I never saw this crap in the Thompson, Edgar, nor Ryan administrations . . . why NOW ??? INTIMIDATION ! Silence the employees with fear of being the next victim. This inspector general caper of Blago’s is pathetic and I’m certain not legal. Clean it up guv, it’s ugly and non professional . . but then what should we expect?


  38. - To Chalkline - Tuesday, Mar 20, 07 @ 7:38 pm:

    I am a Democrat and have worked in state government for 10 years. This has nothing to do with loyalty to Republicans or Democrats or any other party. If you had an ounce of objectivity and were informed, you would know that for whatever reason, Blagojevich blew his chance at really cleaning up the crap that has been going on in government since I have been around (and long before). I can tell you from experience he has made things 10 times worse. The facts are these: (1) The OEIG is in fact a joke. There is no evidence that they do what the Gov says they were set up to do. I know from personal experience b/c I have filed 2 complaints with them, with evidence, that were clear violations of ethics laws and/or rules. The outcome . . . nothing; (2) This administration ignores rules and laws. I don’t know why. When they came in they were offered advice and told certain things were not legal or did not mesh with the rules. Their response was literally “so what.” Their job, they said, was “change” and no “laws or rules” were going to prevent them from doing things. Now, they could have changed the laws or rules but they chose not to.


  39. - NIEVA - Tuesday, Mar 20, 07 @ 9:02 pm:

    You know that it is easy to stand on the other side and say how much you are going to do to clean up a mess,then when you are actually in the mess and get as dirty as the ones you are supposed to be cleaning up,well sometimes it’s just easier to wallow with the pigs!!


  40. - Six Degrees of Separation - Tuesday, Mar 20, 07 @ 10:49 pm:

    The state’s prosecutors would be wise to cut a deal and run, before the likely civil suit to follow winds up taking a few “0″’s on the end of the settlement.


  41. - Animous - Wednesday, Mar 21, 07 @ 8:03 am:

    Here’s an idea: Every time the Gov makes a “polictical” issue out of firing employees (that in turn get reinstated because they did nothing to warrant the firing in the first place) make the settlement money come out of his campaign fund.

    Its looking more and more like they knowingly fired two employees for following orders (orders that someone in the “front office” knew about) and that the gov’s office knowingly made “examples” out of these two for nothing more than political gain (press conferences, press releases, etc–all on the state’s dime).

    These two are POLITICAL pawns in this game, not OPERATIONAL ones: Make the political entity pay NOT the operational one (taxpayers)…


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