Kane Co., circuit clerk settlement might cost taxpayers $10 million

Having footed the bill for the lawsuit between the Kane County Board and Circuit Court Clerk Deb Seyller, taxpayers could be presented a much larger invoice to settle the disagreement.

Kane County taxpayers could pay for a massive computer system upgrade for the local court system as part of a settlement agreement between the county and Seyller.

Details of the settlement emerged Tuesday, two weeks after county board members agreed to the deal before the final language was inked. The agreement calls for a computer system upgrade for the local court system and a new way of budgeting for all county departments.

The logistics of the agreement absolve Seyller from personal financial liability for the cost overruns in her office. The deal also says Seyller and any future circuit clerk can use special fees collected for court document storage, automation and court operation and administration to pay for some of the costs to run the department, including some employee salaries. Seyller's hiring of employees without county board approval is at the heart of what sparked the $560,000 deficit in Seyller's 2010 budget and the resulting lawsuit.

To avoid that budget argument in the future, the settlement will force the county board to draft a new budget process ordinance to codify proper communication and clarity between the county board and department heads when determining how much money is needed to run an office.

The settlement, mediated by Chief Judge F. Keith Brown, also forces the county to explore implementing a new case management system for the judicial system. Early estimates put the cost of that new system at more than $10 million.

The chief judge, circuit clerk and the county's Information Technologies Department — which recently hired Brown's son, Marcus — will oversee the selection of a vendor to create the system.

A committee that will include county board members will then approve or reject the recommended vendor. If approved, the recommendation moves to the full county board. A “no” vote by either the committee or the county board means no new case management system will be purchased, the settlement states.

Nothing in the settlement describes how the county will obtain the $10 million to pay for the new computer system.

Kane County Board Chairman Karen McConnaughay and IT Department Director Roger Fahnestock could not be reached for comment Tuesday. McConnaughay and Seyller released a written statement that said they are glad the court battle is over.

“I am pleased that this case has been resolved in a way that not only avoids further litigation costs but also establishes a partnership among the county board, the circuit clerk and our judiciary that will allow Kane County to continue as a technology leader,” McConnaughay said. “We appreciate the patient and thoughtful efforts of Chief Judge Keith Brown to bring the parties together.”

Seyller also cited the new computer system as a key part of the agreement.

“Arriving at a meaningful agreement that benefits all of the parties and the public was at the forefront of the discussion,” Seyller said. “The solution looks forward rather than backward and builds to the future in communications, business processes and technology furtherance.”

The lawsuit has cost taxpayers at least $460,000 in attorneys fees through June.