DuPage County clerk controversy prompts change in state law

DuPage County Board Chair Deborah Conroy enlisted the help of state lawmakers to make it clear that countywide elected officials, such as the county clerk, need to follow state bidding laws and seek county board approval for certain budget transfers.

During an evening meeting of the county board Tuesday, Conroy announced that lawmakers late that afternoon had approved changes providing the “highest level of clarity” regarding competitive bidding and budget transfer regulations as they relate to countywide elected officials.

The changes to the state’s procurement law clarifies that elected officials, including those with internal control of their office, must go to competitive bid for goods and services totaling more than $30,000. The changes also clarify that a two-thirds vote of the county board is needed for budget transfer requests related to personnel or capital expenditures.

Both have been the topic of debate between the county board and County Clerk Jean Kaczmarek over the last two years. Recently, county officials and officials from Kaczmarek’s office clashed over unpaid bills for services that Conroy and other county officials said were never put out for bid.

“It is my hope that his measure leaves no doubt as to the intent of the General Assembly and the laws that govern the operations of elected officials’ offices,” Conroy said Tuesday.

The law must still be signed by Gov. J.B. Pritzker and would not take effect until Jan. 1. Conroy, who said the bill had veto-proof support, indicated she did not want to wait until Jan. 1 for compliance from the county clerk’s office.

“Knowing the clear intent of our lawmakers and our legislative leaders, I ask and expect the clerk and her staff to adhere to the statutes and to work productively on behalf of the residents of DuPage County,” Conroy said Tuesday as she directed her remarks to Kaczmarek’s chief deputy clerk, Adam Johnson.

Conroy’s remarks drew applause from many county board members, though some said it is disappointing that the ongoing dispute required state action.

“It’s sad that we had to go to this extreme to go down to Springfield to codify county code,” board member James Zay said after Tuesday’s meeting.

He noted the county board had secured a letter from the Illinois attorney general’s office last year indicating that a two-thirds majority vote would be needed for budget transfers affecting personnel or capital expenditures, and that the state already had legislation regarding competitive bidding.

Kaczmarek, however, argued those restrictions did not apply to countywide elected officials who, by state law, have control over their budgets and office operations.

Kaczmarek was not at Tuesday’s meeting and in recent months has declined to publicly answer questions from county board members.

Earlier this month, the DuPage County state’s attorney’s office indicated it would sue the clerk’s office for not following state and county policies. On Tuesday, the state’s attorney’s office said it would not pursue the lawsuit in light of legislative action.

“I have never viewed the issues with the clerk’s office as a dispute,” Conroy said. “The way I see it, in DuPage County, we value transparency.

“The only way to build trust with our taxpayers is to communicate by our words and our actions that we take expenditures seriously … and that in every situation we strive to deliver the best value for the lowest price,” she added. “It’s what our taxpayers expect and deserve.”

https://www.dailyherald.com/20240529/local-politics/dupage-county-clerk-controversy-prompts-change-in-state-law/