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American Federation of State, County, and Municipal Employees v. Ryan

July 10, 2002

THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31; DON TODD; LARRY BOMKE; AND NORLAN AND ELEANOR NEWMISTER, PLAINTIFFS-APPELLEES,
v.
GEORGE RYAN, IN HIS CAPACITY AS GOVERNOR OF THE STATE OF ILLINOIS, AND LINDA RENEE BAKER, IN HER CAPACITY AS SECRETARY OF THE ILLINOIS DEPARTMENT OF HUMAN SERVICES, DEFENDANTS-APPELLANTS, AND JUDY BAAR TOPINKA, IN HER CAPACITY AS TREASURER OF THE STATE OF ILLINOIS, AND DANIEL HYNES, IN HIS CAPACITY AS COMPTROLLER OF THE STATE OF ILLINOIS, DEFENDANTS.



Appeal from Circuit Court of Logan County No. 02CH1 Honorable Donald A. Behle, Judge Presiding.

The opinion of the court was delivered by: Justice Steigmann

Released for publication.

THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, COUNCIL 31; DON TODD; LARRY BOMKE; AND NORLAN AND ELEANOR NEWMISTER, PLAINTIFFS-APPELLEES,
v.
GEORGE RYAN, IN HIS CAPACITY AS GOVERNOR OF THE STATE OF ILLINOIS, AND LINDA RENEE BAKER, IN HER CAPACITY AS SECRETARY OF THE ILLINOIS DEPARTMENT OF HUMAN SERVICES, DEFENDANTS-APPELLANTS, AND JUDY BAAR TOPINKA, IN HER CAPACITY AS TREASURER OF THE STATE OF ILLINOIS, AND DANIEL HYNES, IN HIS CAPACITY AS COMPTROLLER OF THE STATE OF ILLINOIS, DEFENDANTS.

Appeal from Circuit Court of Logan County No. 02CH1 Honorable Donald A. Behle, Judge Presiding.

The opinion of the court was delivered by: Justice Steigmann

In January 2002, the American Federation of State, County, and Municipal Employees, Council 31 (AFSCME), Don Todd, Larry Bomke, and Norlan and Eleanor Newmister (plaintiffs), filed a complaint for declaratory and injunctive relief against George Ryan, Governor of the State of Illinois, and Linda Renee Baker, Secretary of the Illinois Department of Human Services (defendants), as well as Judy Baar Topinka, Treasurer of the State of Illinois, and Daniel Hynes, Comptroller of the State of Illinois, to stop defendants' plans to close the Lincoln Developmental Center (Center).

In July 2002, the trial court issued a temporary restraining order prohibiting defendants from involuntarily transferring residents out of the Center until the Health Facilities Planning Board (Planning Board) has acted upon defendants' application for a permit to close the Center. Defendants filed a petition for interlocutory review, arguing that the temporary restraining order should be reversed on the following grounds: (1) the trial court lacks jurisdiction to modify a judgment on appeal; (2) the temporary restraining order violates separation of powers; (3) the temporary restraining order violates sovereign immunity; (4) no verified complaint pleads facts demonstrating a right to injunctive relief; (5) the Illinois Health Facilities Planning Act (Planning Act) (20 ILCS 3960/1 through 19.6 (West 2000)) was not intended to control the day-to-day operations of a health-care facility; (6) plaintiffs failed to exhaust administrative remedies; (7) plaintiffs lack standing to sue; (8) the Planning Act does not expressly or impliedly create a private right of action; and (9) private persons are not authorized to seek injunctive relief to enforce the permit requirements of the Planning Act. Because we agree with the last argument, we reverse the temporary restraining order and remand.

I. BACKGROUND

The Center is 1 of 11 State-operated facilities for the developmentally disabled in Illinois. These facilities generally serve as a placement of "last resort" for developmentally disabled individuals whose needs are unmet by private providers. The Office of Developmental Disabilities manages the Center as part of the Illinois Department of Human Services.

A. Downsizing and Closure Plans

In September 2001, the Illinois Department of Public Health completed a survey of the Center and found it to be out of compliance with several conditions of participation in the Medicaid program, jeopardizing federal financial participation. The survey identified deficiencies in client protections (failure to insure the health, safety, and well-being of residents), active treatment (failure to provide a continuous, aggressive series of services), governing body (failure to follow own policies and procedures), and staffing. At that time, the Center had 372 residents.

In October 2001, Governor Ryan's office issued a press release describing a plan to improve the Center's operations, in part by transferring 90 residents to other placements. In November 2001, the Illinois Department of Public Aid and the Illinois Department of Public Health issued a notice of intent to decertify the Center from participation in Medicaid. In December 2001, Governor Ryan visited the Center and ordered the Center to close its Coty building and transfer 42 more residents. In January 2002, the Governor Ryan's office directed Secretary Baker to develop two alternative plans to either close or downsize the Center.

In February 2002, Governor Ryan decided to downsize the Center to 100 residents. At that time, the Center had 259 residents. The Center would transfer the residents either to other State-operated facilities or to State-funded private providers. Funding existed to build four group homes at the Center within the next year to accommodate a total of 40 residents. Six more cottages were planned to accommodate the remaining 60 residents so that the existing buildings at the Center could be closed.

In March 2002, after consultation with federal regulators, the Illinois Department of Human Services, the Illinois Department of Public Aid, and the Illinois Department of Public Health agreed to voluntarily reduce the Center's population to 100 residents. The administrative proceedings to decertify the Center would be terminated, and after June 30, 2002, a single, full certification survey would be conducted with no further right to hearing, administrative review, or appeal.

In June 2002, Governor Ryan announced a decision to close the Center, and Secretary Baker filed an application with the Planning Board to obtain a permit to close the Center. The first stage of the closure plan involved transferring 51 residents from the Center during the first week of July.

B. Court Proceedings

In January 2002, plaintiffs filed a two-count complaint against defendants to prevent them from closing the Center. AFSCME is a labor organization that represents a majority of the Center's staff. Todd is president of AFSCME Local 425 and an employee of the Center. State Senator Bomke represents the 55th Senatorial District. The Newmisters are legal guardians of their son, Melvin, who has resided at the Center for 30 years. Count I of the complaint sought a declaratory judgment and a writ of mandamus to require defendants to honor the fiscal year 2002 appropriations law and spend money to keep the Center open. Count II sought an injunction restraining defendants from closing the Center until they have received a permit from the Planning Board. Plaintiffs filed a motion for a temporary restraining order, which the trial court denied. In February 2002, defendants filed a motion to dismiss. The trial court dismissed count I and granted plaintiffs leave to refile.

In March 2002, plaintiffs filed a two-count amended complaint setting forth the same causes of action as the original complaint. Plaintiffs filed a motion for preliminary injunction. In April 2002, the trial court entered a preliminary injunction, requiring defendants to apply for a permit from the Planning Board prior to proceeding with any plans to downsize the Center. Defendants filed an interlocutory appeal, which we docketed as No. 4-02-0390. Following Secretary Baker's application for a permit from the Planning Board, we dismissed the appeal as moot. American Federation of State, County & Municipal Employees, Council 31 v. Ryan, No. 4-02-0390 (July 2, 2002) (unpublished summary order under Supreme Court Rule 23(c)(3)).

In June 2002, plaintiffs filed a motion for a temporary restraining order. In July 2002, the trial court granted plaintiffs' motion and prohibited defendants from involuntarily transferring any residents from the Center until the Planning Board has approved the ...


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