Governmental Operations

CSG Midwest
The number of people with disabilities working for the state of Minnesota has risen considerably over the past four years, reflecting a concerted effort across agencies to improve outreach, recruitment and hiring practices. The latest state figures show that 7 percent of the workforce has a disability of some kind — the goal set by Gov. Mark Dayton in a 2014 executive order. “We need a state workforce that reflects the diverse populations we serve,” Minnesota Management and Buget Commissioner Myron Frans says.

Chapter 8 of The Book of the States 2018 contains the following tables:

CSG Midwest
No state in the Midwest requires that a certain percentage of contracts be given to minority- or women-owned businesses. (Outside the region, Connecticut requires that 6.25 percent of the value of state and local government contracts go to companies owned by women, minorities or disabled individuals.) However, at least three states have specific goals set in statute: Illinois, Ohio and Wisconsin.

The legal issue in Guido v. Mount Lemmon Fire District could not be simpler; but the law is tricky. In this case the Supreme Court will decide whether the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) amicus brief argues it should not.

John Guido was 46 and Dennis Rankin was 54 when they were terminated by the Mount Lemmon Fire District due to budget cuts. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees. 

The fire district argues that the ADEA does not apply to it because it employs fewer than 20 people.

Divisive politics can be disheartening for both constituents and elected officials, but collaboration across party lines still happens in government.

Vermont Lt. Gov. David Zuckerman, a Progressive/Democrat, is proud of efforts that have been made in his state to put individuals before party affiliation. A former state representative and former state senator, Zuckerman said members of the minority party have served in some of the committee chair and vice chair positions for most of the 20 years that he has been in office.

On Thursday, March 22, 2018, Atlanta’s municipal computer systems fell victim to a ransomware attack. As a result, the city began executing a large proportion of its business on paper, or not at all, and postponing court dates. With customer and employee data potentially compromised, the municipal government encouraged anyone who had ever done business with the city to take precautions such as checking their bank accounts and credit reports. The ransom was approximately $51,000.

Ransomware is a form of malware that blocks...

If there ever was a case where the vote of only one Justice is likely to matter it is Janus v. American Federation of State, County and Municipal Employees. All attention was focused on Justice Gorsuch this morning as the Supreme Court held oral argument in this case. And he was…silent.

The Court will decide the constitutionality of state statutes allowing public sector employers and unions to agree that employees who don’t join the union must still pay their “fair share” of collective bargaining costs. More than 20 states authorize fair share for public sector employees.

If a collective bargaining agreement contains a general durational clause, retiree health insurance benefits last the duration of the agreement and aren’t vested for life the Supreme Court held in a per curiam (unauthored) opinion in CNH Industrial N. V. v. Reese.

CNH Industrial N.V. agreed to a six-year collective bargaining agreement providing those who retired under the pension plan health insurance but no other insurance benefits. The Sixth Circuit concluded the agreement was ambiguous as to whether retiree health insurance vested for life because it “carved out certain benefits” like life insurance “and stated that those coverages ceased at a time different than other provisions.” Extrinsic evidence supported lifetime vesting.

Since 2010 states and local governments have been waiting for the Department of Justice (DOJ) to issue regulations requiring them to increase website, equipment and furniture, and 9-1-1 accessibility for persons with disabilities. The wait is over; the regulations are no longer in the works (for now).

Title II of the Americans with Disabilities Act (ADA) prohibits states and local governments from discriminating on the basis of disability in “all services, programs, and activities provided to the public.”

In 2010 DOJ issued three Advance Notices of Proposed Rulemaking indicating its desire to issue regulations regarding accessibility of state and local government websites and non-fixed equipment and furniture and use of Next Generation 9-1-1. While DOJ has been silent on the latter two issues since 2010, in 2016 it issued a supplemental advance notice regarding website accessibility

As of December 26, 2016, DOJ has withdrawn all four Advance Notices of Proposed Rulemaking while it evaluates whether promulgating regulations is “necessary and appropriate.” 

What if a state legislature engages in intentional partisan gerrymandering but it doesn’t work or might not work in the future? Has it violated the First Amendment?

In Benisek v. Lamone in 2011 the Maryland legislature needed to move about 10,000 voters out of the Sixth Congressional District to comply with “one-person one-vote.” It moved about 360,000 Marylanders out of the district and about 350,000 Marylanders in the district. As a result only 34 percent of voters were registered Republican versus 47 percent before redistricting.

Following the redistricting Democrat John Delaney defeated the incumbent Republican by almost 21 percent. But two years later in 2014 Delaney almost lost his seat even though his challenger didn’t live in the district and raised less money. Two years after that Republican Larry Hogan won the Sixth District beating his rival by 14 percent.

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