‘We are at a standstill’: DuPage County Board and County Clerk at odds over clerk’s authority

DuPage County Clerk Jean Kaczmarek continues to refuse to answer questions about no-bid contracts awarded by her office, potentially setting the stage for a legal fight with the county board.

Kaczmarek has come under scrutiny by county board members after an April 11 memo from county Auditor Bill White said two invoices, totaling more than $250,000, from the clerk’s office stemmed from no-bid contracts. On Wednesday, White said three other unpaid bills, totaling more than $135,000, also were the result of no-bid contracts. All of the bills were related to work performed for the April primary.

On Tuesday, the county board discussed the issue. Kaczmarek declined an invitation to attend, and her chief deputy clerk refused to publicly answer any questions from the board, saying he was only there to take minutes.

“This is about public trust … just saying ‘trust me’ is not enough,” DuPage County Board Chairwoman Deborah Conroy said during the meeting.

“No one is ganging up on the clerk’s office or trying to diminish what she’s accomplished,” Conroy added. “But, her lack of concern and commitment to the basic tenets of public administration diminishes all of us.

“When someone shows such open disregard for the rules that govern our public bodies, we have to push back,” she said.

While Chief Deputy County Clerk Adam Johnson refused to speak publicly about the issue, he did talk to a reporter after the meeting.

Johnson said state statute concerning the county clerk’s office gives Kaczmarek internal control, or authority, over how she runs her office, pays bills and awards contracts.

In a letter sent Monday to Conroy, Kaczmarek pointed to a state attorney general opinion supporting her view and said she is “prepared to take legal action if necessary to carry out my office’s duties.”

Conroy said questions over bills from the county clerk’s office have taken up much time and effort by other county staff. Conroy herself has had discussions with the clerk’s office over billing concerns.

“We’ve had conversations ad nauseam,” said Conroy, who described the situation as a “mess.”

“We are definitely at a standstill,” she said.

Conroy expressed concern about the potential cost of taking court action to resolve the dispute. Still, some county board members said they believed the issue would only be resolved by a judge. They noted Kaczmarek has ignored legal advice from the state’s attorney’s office, the Illinois Attorney General and a court ruling the county points to in backing its stance.

“I like the clerk. She’s done a great job with the elections,” said county board member Sam Tornatore, who indicated support for taking legal action to resolve the issue. “But when you don’t do what you’re supposed to do … then it gives me pause for concern.”

Other county board members backed Kaczmarek, suggesting there is some question as to whether a state statute that would require the county to bid out work costing more than $30,000 applies to the state statute outlining the duties and responsibilities of the county clerk.

“I don’t think it’s a matter of fact. I think it’s a matter of question of law,” county board member Yeena Yoo said. “The question is whether any purchase by a ‘county’ includes the purchases of the county clerk.”

County board members plan to take the issue up again at their May 14 meeting.