psychologist, I decided that I wanted to take a new career direction. I wanted to be a lawyer.
As a psychologist, I knew that providing good patient care on an individual basis was a good way to find job fulfillment. After several years of doing this, I became acutely aware that doctors, psychologists, and social workers were often inhibited in their efforts to provide good patient care because of policies or procedures that were written by attorneys who were not clinicians. These policies and procedures were well written, but they did not always reflect "best practices," and at times, seemed to contradict each other. I knew I had a lot to say about this, but couldn't find a way to influence the process by continuing to work as a psychologist.
I decided that the best way to influence policies and procedures in state government was to become an attorney and find a job that would allow me to do this. I would be able to use my experience as a psychologist to help write better policies and procedures that would allow clinicians to do their jobs in the best possible way.
I currently work for The Office of the Inspector General (OIG) in the Department of Human Services. OIG investigates allegations of abuse and neglect for people with mental and physical disabilities. Part of my job is helping to shape policies that apply OIG as well as writing position papers on policies that influence people with disabilities. Another part of my job is evaluating systems issues related to abuse and neglect in state operated facilities for mental health and developmental disabilities. These systems issues generally surround the internal policies and procedures of the facilities.
So, I am doing what I set out to do. Although my job title is not "attorney," I am one, and my training has helped me make DHS a better place for people with disabilities. I am looking forward to a long, satisfying career as an attorney with the perspective of a psychologist. Although law school could be described as, well, the worst three years of my life, I don't regret it a bit!
A lawyer in a non-legal state job: in the belly of the bureaucracy
By Karl Menninger, Springfield
While there are many lawyers in state service, not all of them represent the state in litigation, act as administrative law judges or are "in-house" counsel for state agencies. There are some attorneys, including myself, who are in non-legal positions and use their legal background to varying degrees. I am with the Department of Human Services Office of the Inspector General (OIG), which investigates allegations of abuse and neglect of persons with mental disabilities.
My job classification is Public Service Administrator, which is as close to a title as I get. I often describe myself as an upper-mid-level bureaucrat--or maybe a just a mid-level one; if I say much more than that in trying to describe my job, people start mechanically nodding and soon change the subject. My previous jobs have included co-director of a training, technical assistance and representation project, director of forensic services and chief of the bureau of rules, policies and regulatory review. One of my long-term employment goals is to get a job whose title clearly describes its functions.
In this position, I have several functions. Part of my time is devoted to conducting training seminars, primarily for staff of agencies serving mentally ill or developmentally disabled persons, on topics such as investigative skills and administrative rules. These aren't the most stimulating topics, so our public speaking skills are challenged in presenting them. I've learned the value of computer slide shows (PowerPoint presentations) to give a talk some graphic appeal. My other functions, which use my legal background more directly, include developing guidelines and procedures for the office, drafting rule amendments, drafting legislative proposals and being the liaison to the Department's Office of Legal Counsel. In that last function, I receive legal questions from OIG staff and, if appropriate, forward them to the Office of Legal Counsel for an opinion. Some of the issues include confidentiality of OIG reports and client records, representation during interviews, and liability of the state or employees for actions taken as the result of an investigation. The Office of Legal Counsel provides OIG with legal advice and, if necessary, arranges for representation by the Attorney General's Office. In my liaison role, I draft letters requesting representation, arrange for records to be sent to the attorney upon request, and arrange for staff to talk to the attorney.
I am not acting as an attorney, and my job does not require a law degree or bar admission, but my legal background is an important part of the job as well as a part of my identity. Despite the assertions of my children that their father is "not a real lawyer" (despite explanations that not all attorneys go to court), I think of myself as a lawyer--or at least a lawyer/bureaucrat--just not one practicing law.
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While serving the state in various ill-defined capacities since 1985, Mr. Menninger has been chair of the ISBA Committee on the Mentally Disabled, Health Care Section Council and Elder Law Section Council. He is currently co-editor of the Elder Law Newsletter and a member of the Continuing Legal Education Committee. He finds footnotes and endnotes hard to resist.
Editor's note: Mr. Menninger has recently become the Bureau Chief for Policy for Department of Human Services.
By Peg Tanner, Springfield
As part of the service goal of the Standing Committee on Government Lawyers, we would like to make you aware of an electronic bulletin board for job opportunities within government service. This is part of the ISBA job placement bulletin board already in existence, but with a special subsection for government job opportunities. These postings are for those attorneys who are already in government service and may be looking for another government job, or for those persons who are not currently in government service but would like to be.
You can log on to the ISBA Web site at <www.isba.org>. From there, you can access the government employment opportunities listing by clicking on the ISBA "CareerNet/ Clerkship" listing on the left side of the screen under the "Marketplace Section" on the ISBA's Web site homepage. After entering the CareerNet screen, simply scroll down to the "Government" listing on the left side and click on "Government."
If you are not currently employed by the State of Illinois or if you are employed in an office or agency not under the jurisdiction of the Governor, you will be required to complete an application with the Illinois Department of Central Management Services (CMS) once you have an indication that you will be the successful candidate for a position with an administrative agency under the Governor. The hiring process may move more quickly if you complete the CMS application ahead of time. To obtain such an application, known as "ACMS 100," call either 312/814-3350 or 217/782-7110. If you are a veteran, call 312/814-6968 or 217/524-1313.
The 92nd General Assembly convened January 10, 2001, for the start of its two-year term. During the first month of the session, more than 1,100 bills were introduced. Because of timing issues relative to the publication of this newsletter, we are unable to provide summaries of only those pieces of legislation that are actually moving through the system. Thus, we offer a synopsis of those bills which we believe may be of general interest to the government bar and suggest that you check the status of a particular bill with either your office's own legislative contact people or the ISBA's Legislative Affairs Department.
As this issue of the newsletter goes to press, the ISBA's Legislative Affairs Department has requested that the Committee on Government Lawyers review three pieces of legislation. A summary of those bills referred for review and the Committee's positions thereon follows.
HB-0032
Amends the Illinois Governmental Ethics Act to delete a provision requiring persons examining economic disclosure statements to provide personal information. Deletes a provision that requires a person whose statement is examined be notified of the examination. Provides that the Secretary of State shall make the statements of economic interest filed by candidates for and persons holding the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, State Comptroller and State Treasurer and by members of and candidates to the General Assembly accessible through the World Wide Web.
The Committee on Government Lawyers recommended that the ISBA support HB 32 because it promotes openness in government by eliminating the requirement that the identity of an individual seeking to examine a statement of economic interest be revealed. The Committee also suggested the amendment of the bill to allow for the exclusion of certain "personal information" found in the statements of economic interest from the Internet posting requirements.
HB-0093
Amends the Illinois Governmental Ethics Act, the Fiscal Note Act, the Lobbyist Registration Act and the Illinois Procurement Code to prohibit former state employees, whose duties directly related to procurement, from doing substantially similar business with their former state agency for two years. Prohibits current and former state employees from using confidential information, available due to their employment, for personal gain. Limits the cost of meals per person paid for by the state at state-sponsored events.
While the Committee on Government Lawyers supports that portion of HB 93 which promotes ethics and integrity in government by prohibiting former state employees from doing business with their former employer, the Committee was concerned that only those state employees whose duties relate to procurement were prohibited from using confidential information for personal gain. Therefore, the Committee took no position on the bill.
HB-0101
Amends the Human Rights Act. Provides, inter alia, that nothing in the Act shall be construed as requiring any employer, employment agency, or labor organization to give preferential treatment or special rights or implement affirmative action policies or programs based on sexual orientation. Defines "sexual orientation."
While the Committee on Government Lawyers questioned the approach adopted to address the issue of discrimination based upon sexual orientation, the Committee recommended that the ISBA support the concept set forth in HB 101 because it promotes and further extends the fundamental right to equal protection under the law.
The Committee is also aware of the following pieces of legislation which may be general interest to the government bar.
SB-0006 and HB-0397
Amends the Election Code. Requires presidential and vice-presidential electors to cast their votes for the winner of the statewide popular vote.
SB-0016 and HB-0151
Amends provisions of the Code of Civil Procedure concerning the inspection of hospital and medical records. Provides that the charges imposed by a hospital or physician for copying records may not exceed a $25 handling charge plus 37 cents per page. Allows charges for shipping. Provides that the rates shall be automatically adjusted for inflation each year. Applies the same maximum charge to records of other health care practitioners, clinical psychologists, clinical social workers and attorneys.
SB-0021
Amends the County Jail Act. Requires county sheriffs to adopt and implement a written policy that provides for the release of a person in the custody of the sheriff to other law enforcement personnel or the state's attorney for the purpose of furthering investigations into criminal matters. Provides that the sheriff is not liable for any injury to the person released or to a third party during the period that the person released is in the custody of other law enforcement personnel or the state's attorney, unless the sheriff or a deputy sheriff, correctional guard, lockup keeper or county employee is guilty of willful and wanton conduct that proximately caused the injury.
HB-0001
Amends the Child Death Review Team Act to create the Illinois Death Review Teams Executive Council to coordinate and oversee Illinois' child death review teams. Amends the Open Meetings Act and the Freedom of Information Act to exempt the Illinois Child Death Review Teams Executive Council from the provisions of those Acts.
HB-0010 and HB-0051
Amends the Illinois Vehicle Code to permit the use of a single-sided headset with cellular or other mobile telephones.
HB-0020
Amends the Illinois Vehicle Code to provide that the Secretary of State may not knowingly disclose or make available for commercial solicitation purposes a photograph or digitally produced and captured image of any individual obtained by the Secretary's office in connection with a motor vehicle record.
HB-0067
Amends the Election Code to change from $150 to $5 the minimum aggregate campaign contribution or expenditure that must be disclosed per contributor or recipient.
HB-0077 and HB-0134
Amends the Toll Highway Act to prohibit directors of the Illinois State Toll Highway Authority, their employees and agents from receiving financial benefit from the letting of Authority contracts during their terms of service and for a period of one year following termination of their positions or employment with the Authority. Extends this prohibition to the immediate family or household members of the directors, employees and agents of the Authority.
HB-0086
Amends the State Finance Act and the Illinois State Collection Act of 1986 to require that the Auditor General establish a Debt Collection Unit for the collection of overdue debts owed to the state. Beginning July 1, 2002, requires state agencies other than universities to determine the collectibility of debts using rules adopted by the Auditor General and to turn over to the Debt Collection Unit debts more than 90 days overdue. Abolishes in 2002 the Debt Collection Board, the Comptroller's use of special account receivable funds, and the use of private collection services by individual state agencies.
HB-0088
Creates the State Loan Act to provide that the name of a person lent state money must be made public. Amends the Illinois Department of Revenue Sunshine Act to authorize the Department to disclose information about delinquent taxpayers after giving at least 90 days notice of intent to disclose the information.
HB-0201 and SB-063
Amends the Secretary of State Act to require the Secretary of State to appoint, with the advice and consent of the Senate, an Inspector General. Provides that the Secretary of State may designate the Inspector General and members of the Inspector General's office as peace officers after those persons have completed basic police training. Provides for the powers and duties of the Inspector General.
HB-0220
Amends the Criminal Code of 1961. With respect to eavesdropping, exempts electronic video and audio recordings made of a custodial interrogation of an individual by a law enforcement officer.
HB-0227
Amends the Code of Criminal Procedure of 1963. Provides that an electronic criminal surveillance officer specially designated by a state's attorney may intercept a private oral communication before a court order authorizing the interception is issued under certain emergency situations if an application for the order is filed with the chief judge within 48 hours after interception of the communication begins. Provides that the order is retroactive to the time the interception began to occur (current law requires the state's attorney to obtain oral approval for the interception).
HB-0241 and HB-0243
Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act by providing that if a policy provides coverage for prescription drugs approved by the federal Food and Drug Administration for the treatment of impotency, then the policy must provide coverage for prescription drugs for the prevention of pregnancy.
HB-0289 and HB-0610
Amends the Illinois Governmental Ethics Act. Provides that a person whose multiple offices or positions each require a statement of economic interests need file only one statement with the Secretary of State, for offices and positions required to file with the Secretary of State, or one statement with a county clerk, for offices and positions required to file with that county clerk.
HB-0379
Amends the Illinois Highway Code and Illinois Municipal Code. Provides that county boards, highway commissioners, and municipalities shall exclusively use competitively bid contracts for certain activities concerning the construction, repair, and maintenance of county highways, district roads, and municipal streets.
HB-0400
Amends the Election Code and the Criminal Code of 1961. Creates the Class A misdemeanor of solicitation misconduct. Prohibits a public officer or employee from receiving or soliciting campaign contributions from a person whose business or activity the officer or employee regulates. Requires state agencies to notify the Secretary of State of the officers and employees with regulatory responsibilities, but provides that an officer or employee not so designated may be found guilty of solicitation misconduct. Requires forfeiture office or employment upon conviction. Requires relief for an employee discriminated against because of his or her anti-solicitation misconduct activities. Requires the Department of State Police to establish a toll-free telephone number for reporting solicitation misconduct, and makes false reporting a Class C misdemeanor. Prohibits a candidate or political committee treasurer from receiving contributions resulting from solicitation misconduct, and makes violation a Class A misdemeanor. Provides that prohibited contributions escheat to the state.
HB-0542
Amends the Firearm Owners Identification Card Act. Provides that every municipality must submit to the Department of State Police a copy of every ordinance adopted by the municipality that regulates the acquisition, possession, or transfer of firearms within the municipality and must submit, as soon as possible after adoption, every such ordinance adopted after the initial submission. Provides that the Department of State Police shall compile the ordinances and publish them in a form available to the public free of charge and shall periodically update the compilation.
HB-0543
Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that no action for damages for injury or death arising out of patient care may be brought against a local entity or public employee more than two years (instead of one year) after the claimant knew or should have known of the injury or death, but in no event more than four years after the act alleged to have caused the injury or death. Applies to pending actions.
HB-0549
Amends the Counties Code. Provides that the state shall reimburse counties for compensation paid to the Public Defender in counties having a population of less than 500,000. Provides that the reimbursement amount shall be equal to 40% of the salary paid to the state's attorney in counties having a population of less than 500,000 but more than 100,000, and 25% of the salary paid to the state's attorney in counties having a population of 100,000 or less.
HB-0576
Amends various Acts to abolish the death penalty. Provides that on or after the effective date of this amendatory Act no person may be executed. Requires re-sentencing of those already sentenced to death. Repeals the Capital Crimes Litigation Act on July 1, 2003.
HB-0585
Creates the State Appointee Contract Prohibition Act and amends the Illinois Procurement Code. Prohibits an appointed member of a board, commission, authority, or task force authorized or created by state law, and entities in which the appointee has majority ownership or managerial responsibility, from having contracts with the state, units of local government, and school districts that relate to the entity to which he or she is appointed. Applies to the spouse and immediate family members of an appointee. Applies during and for one year after the person's term office. Makes violation a business offense punishable by a $1,000 minimum and $5,000 maximum fine.
HB-0586
Creates the State Appointee Disclosure Act. Requires appointees of state boards, commissions, authorities, and task forces to disclose to the Secretary of State contracts between the state and themselves, their spouses and immediate family members, or entities in which they or their spouses and immediate family members have majority financial interests. Requires disclosure by appointees of their campaign contributions to General Assembly members and candidates and executive branch constitutional officers and candidates before, during, and after their appointments. Makes violation a business offense with a $1,000 fine. Makes disclosures public records.