Judge will rule Friday on superintendents’ pay

SPRINGFIELD — A Sangamon County judge said Thursday that he’s “aghast” at the hardship caused by Gov. Pat Quinn’s decision to cancel salaries for the state’s regional school superintendents.

But Circuit Judge John Schmidt also questioned the school officials’ attorney closely Thursday about whether he has the authority to interfere with the executive branch of government.

Schmidt said he’ll announce his decision in the case at noon on Friday.

“There are no easy answers and this case involves significant ramifications of constitutional law for the courts, the executive, and the legislative branches,” Schmidt said after hearing arguments in court.

Quinn used his veto powers to halt paychecks for 44 regional superintendents and their assistants. He says they’re unneeded bureaucrats and the state shouldn’t have to pay them while the state is in a budget crisis.

The superintendents are asking for a temporary restraining order that would force the governor to resume paying their salaries until the merits of the issue could be decided. They’ve been working for nearly two months without pay. Their attorney, Charles Schmadeke, said he was not yet asking the judge to order back pay.

Schmadeke took issue with state lawyers playing down the hardship caused by the lack of pay. When he said he was “aghast” at the situation, Schmidt agreed.

Schmadeke is not questioning a governor’s veto power. But he said in this case, the position of regional superintendent is spelled out specifically in state law, with a specific formula for the amount of salary they should receive.

“There is a clear right, to a public official, to the salary attached to the office,” Schmadeke said. “No law says otherwise.”

Schmidt asked Terence Corrigan, an assistant attorney general representing Quinn, whether a governor can “do away with a statutorily created office simply by refusing to pay.”

Corrigan answered yes, he could, quoting a court opinion: “Just because the power can be abused doesn’t mean the power doesn’t exist.”

Regional superintendents perform a variety of duties, from inspecting school buildings to running GED programs. Quinn believes they should be paid from local funds, such as money collected by school districts.

At least one local government is paying a regional superintendent’s salary until the dispute is resolved. DuPage County has paid more than $42,000 to Darlene Ruscitti, who says she will repay the money once her state salary is restored. Ruscitti makes $130,000 a year.