Judge denies request to stop state furloughs
UPDATED AT 4:25 P.M.
By Jack Brammer – jbrammer@herald-leader.com
FRANKFORT — Most state workers will be on unpaid leave Friday.
Franklin Circuit Judge Phillip Shepherd denied a request by six state workers and their labor group Thursday to block temporarily Gov. Steve Beshear’s planned six-day unpaid furlough of most executive branch employees.
The first furlough day will be Friday.
Beshear has said that furloughs are needed to cut about $24 million from the state’s $131 million budget deficit and that without furloughs, he would have to fire more than 400 employees.
State workers, represented by the American Federation of State, County and Municipal Employees District Council 62, argue that many state agencies are dangerously understaffed, which furloughs would aggravate. Also, they say, the loss of pay would hurt them financially.
Beshear spokeswoman Kerri Richardson said in a statement that the administration “appreciates the court’s attention to this issue, and will continue our planned furlough action.
“These are extraordinary economic times, and we are forced to implement appropriate budget- balancing cost-savings efforts.”
Meanwhile, David Warrick, executive director of AFSCME Council 62, which represents about 9,000 state workers, said he is disappointed that the judge did not temporarily stay the furloughs but is glad Shepherd did not dismiss the lawsuit and has called for additional information.
“Regrettably, it was only after our union filed for an injunction to stop these furloughs that the state recognized last week that Kentucky can ill afford to under-staff 24-hour prison and mental health facilities, reversing itself on furloughs in those institutions,” Warrick said.
“However, the state has failed to apply the same reasoning to juvenile corrections facilities, or to recognize the extraordinary impact furloughs have on social service workers who often are the final life and death line of defense for families and children on the brink of disaster or harm.”
In July, the Beshear administration outlined a plan to include three common days during which state offices will be closed. The days are next to existing state holiday weekends: Friday, Sept. 3; Friday, Nov.12; and Friday, May 27, 2011.
In addition, employees will be furloughed for one day in each of the months of October, March and April.
This year’s state legislature gave Beshear the authority to implement furloughs.
In his six-page order, Shepherd said the plaintiffs “have not pointed to any statute or regulation that has been violated in the promulgation of the layoff plan, which has been duly adopted as an administrative regulation.”
He also said the plaintiffs have not shown that the furlough plan violates any constitutional rights.
Shepherd allowed the plaintiffs to amend their original complaint to add more parties and to show that the Beshear administration has granted some exemptions from furloughs.
The judge ruled against the administration’s motion to dismiss the lawsuit and set a timetable for further legal action that runs through Nov. 15.
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Bleu | Sep 2, 2010 | Reply
This case is a political lose/lose for Shepherd. I hope the state employees take the opportunity to be thorough in the revised complaint. Judge Shepherd can only do what the law states and what the litigants place before him in pleadings.
Colley1962 | Sep 2, 2010 | Reply
The unions’ time have come and gone. They are hurting the average American worker and the U.S. economy more than helping. If these union workers think the state is short-staffed now, what will 400 LESS workers feel like? “Also they say the loss of pay would hurt them financially.” That sounds kind of greedy, considering what the LOSS OF A JOB would do to 400 PEOPLE!
sarighter | Sep 2, 2010 | Reply
You know, those of us in the private sector are working nights, weekends, and taking wage cuts just to keep the lights on and the mortgage paid. It wouldn’t hurt those in government service to tighten the belt a little.
Sheena Eckley | Sep 2, 2010 | Reply
I am a state employee and I HAVE tightened my belt. I haven’t gotten a 5% raise for a number of years and now we’ve lost the 1%, as well. I’m losing six day’s pay and it is my understanding that our insurance is going to go up this year, with increased copays and premiums. How much more are we expected to “tighten our belts”? When I worked in the private sector, things were a heck of a lot better.
Granny2 | Sep 2, 2010 | Reply
Try walking in my shoes before you speak.
I have tighten my belt and got a second job to make ends meet.State employees are not getting a raise this year or next only 1% last year. They say our insurance is going to skyrocket.A day without pay could mean missing meal or paying a bill for a family where I work.We don’t all make the big bucks.
Just saying | Sep 2, 2010 | Reply
I wonder if the non-workers who are on the state payroll are going to take the same 2% cut on their welfare/WIC/food stamp payment? I wonder if some state workers will qualify for these benefits once 2% is cut from their paycheck?
Mama to 3 | Sep 2, 2010 | Reply
Exactly, Granny2! My son is an asthmatic and I’m already having a difficult time paying for his prescriptions, even with the insurance the state offers us. It looks like it’s getting ready to come down to feeding him or getting his medicine so he can breathe but not both!
Jon | Sep 2, 2010 | Reply
From what I hear, Health and Family Services is down around 3000 employees from what they had just a few years ago.
single mom state worker | Sep 2, 2010 | Reply
As a seasoned STATE worker I understand the need to tighten our belts. The whole country in fact is doing this in some form or fashion. It does seem hard to take as a worker these furlough days.. mainly because we hear of the Gov mansion getting remodeled… we hear of those at Frankfort living the high life. Now, whether that is true or not is to remain to be seen. BUT as a single mom, this furlough is really hurting. I am considering what I need to do to make up the almost $2000 that I will be losing over the next year. I just wish that we could think of other ways to cut other than to hurt the current staff that we have. This affects more than just our state shortfall. It actually will affect all of KY’s economy as those State Employees go without.. and end up spending less. SO this will affect private sector as well as “state”. NOT good for anyone at this point.
Iman | Sep 2, 2010 | Reply
it is not fair to furlough only state employees. Another public sector, college system has much bigger number of employees. they keep same superior insurance including dental and vision, and without any furlough. UK just keeps buying more I-phones for its employees to play, and UK president made the national top 20 paid list to lead a 4th tier college.
Buck Feshear | Sep 2, 2010 | Reply
If you really believe that the state would have to fire 400 people without the furloughs, I have some oceanfront property in Bath County for sale, cheap.
mo_ky_fellow | Sep 2, 2010 | Reply
I really would like to know the salaries for the six state employees who filed this lawsuit. Then we could really know how bad off they will be in losing 6 days pay over a one year period.
serah | Sep 2, 2010 | Reply
I’d like to cut back on ALL social programs. That would include food stamps, welfare, housing, school lunches, jail food and cigaretts, etc. Unemployment should be cut by increments, 10% after 2months, and every 2 months after. People aren’t looking for jobs if they have a good check waiting for them for doing nothing. However, we must have a tax freeze, so business can feel secure to start up business.
Billy Sharp | Sep 2, 2010 | Reply
Well UK might be sitting pretty..but I work for the smallest state college…I’m doin the job for two people as of 3 years ago…3 people 10 years ago…no raise…just more responsibilities…getting paid for the lowest position of the 3 that’s suppose to work in this section
JohnQPublic | Sep 2, 2010 | Reply
Don’t worry…it’s not over yet…watch the papers around the first week of November for further developments.
cbsgirl | Sep 2, 2010 | Reply
Think about this – 6 days is more than a weeks pay – how easy is it for ANYONE to not be paid for a week? Average government employees (state and local) don’t make a lot more than private sector – we work longer hours when we have less people too. UK – my husband works there – he has been doing his job and another (no $ to hire anyone), works 12+ hours a day, is on call 2 weeks a month – great for a home life huh? But he has a critical job and not doing it affects patients.
cbsgirl | Sep 2, 2010 | Reply
“UK just keeps buying more I-phones for its employees to play”
My husband has a “UK” phone – UK gives its CRITICAL employees $100.00 per month for service, 3G, and messaging – they pay for their own phones thank you – AND that means he has to answer that phone 24/7 AND the boss expects an answer to an email at 10PM
I don’t call this playing
Davecat84 | Sep 2, 2010 | Reply
The pigs sure squeal loudly when denied the trough.
Bill | Sep 2, 2010 | Reply
Brashear should have just fired the 400 employees and eliminated the positions permanently. That would have saved money for more than 1 year. Everybody has to have a “little skin in the game.” It seems as though the union is asking the state to eliminate 400 jobs.
George | Sep 2, 2010 | Reply
Let’s see, that is almost $2,000 a week or $100,000 a year. Whether a single mom or not, that is a great salary. Don’t know what you are crying about.
We have all had to suck it up. I am on the road 4 days a week every week for my job, tell me about a great home life. I know two state workers that retired at age 50 and living very well. Sorry, you are crying to the wrong people. If you don’t like it, find another a job.
I hope he fires enough people to pay for the legal fees so far and continues to fire people or add days to the furlough to cover the money wasted in the legal fees to fight this. When my company cut my salary 5% we never thought about filing a lawsuit. Just goes to show how the state employees think they are owed their jobs.
Buck Feshear | Sep 2, 2010 | Reply
No, I think the “union” — keep in mind that Kentucky really does not have union representation for state workers the same way that other states like NY and NJ do — is asking for belt tightening, cuts to social programs, ceasing the purchase of big new wood desks from Correctional Industries, eliminating take-home vehicles, and lots of other things that could be done to save money. They could get rid of half the boards and commissions and probably save a bundle.
JTT | Sep 2, 2010 | Reply
University employees should be required to take the furlough as well, they can be spared a lot more easily than 24/7 employees, after all.
CBS – 100 bucks a month for a phone? Mine costs FAR less and I pay for it, my boss calls me on it. I am on call 24/7, too. Don’t have enough business deductions to even take it as one.
Eliminate ALL CONTRACT EMPLOYEES. That would take care of quite a bit of the shortfall. (Not contracts, those people holding “state jobs” – working at agencies, but being contracted through universities.)
Kevin | Sep 2, 2010 | Reply
We are living in tough economic times and will just have to make the most of it. Just cut you individual budgets to the bone if necessary. It can be done. Buy only what you need. If you don’t need a product or service, it can be cut. That includes charitable contributions. Everything must be cut that can be cut.
Kevin | Sep 2, 2010 | Reply
As a state employee, I don’t mind taking time off. We must all do our share and pull together. Another thing, all the hatred being spewed on this site is sickening. Everyone must take care of their individual needs and hope for the best.
Jumping Bill | Sep 2, 2010 | Reply
The legislature is to blame, not the governor. They approved this budget.
Any state employee that votes for their current representative or senator is a fool.
Send the message….
Kevin | Sep 2, 2010 | Reply
Vote against all incumbents in next election! That would send a message loud and clear.
Jumping Bill | Sep 2, 2010 | Reply
And all state employees should call their representatives and senators tomorrow and complain. Because the legislative staffs will be working – they aren’t furloughed. Make them earn their money tomorrow.
cardinal red | Sep 3, 2010 | Reply
The real effect of the furlough won’t be felt until the end of September when state employees see 9% less on their paycheck. I feel sorry for any businesses that depend on state employees. Because the first couple weeks of October will not be good.
Mira | Sep 7, 2010 | Reply
Wow single mom! Loss of $2000 due to a six DAY furlough? I need a state job.
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