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Investigation of Kane County autopsies might come at higher price

The fight to justify expenses in the Kane County coroner's office will already cost taxpayers up to $20,000 for a consultant to review the number of autopsies purchased last year. And now it might cost an additional $10,600 just for the consultant to gain access to the full autopsy files.

Kane County Board members spent about an hour in a closed-door meeting Tuesday discussing, in part, how to resolve a battle with Coroner Rob Russell about access to the autopsy documents. County Board Chairman Chris Lauzen wants to trim expenses in Russell's office by highlighting any unnecessary autopsies. He's hired a consultant, former Kane County coroner Mary Lou Kearns, to review the 2013 autopsies. The 164 autopsies authorized by Russell last year was a major factor in costs running over budget.

To facilitate that investigation, county Finance Director Joe Onzick recently sent Russell a Freedom of Information request for roughly 106 death files, including the final autopsy report, toxicology report and coroner's report for each case. That amounts to about 2,000 pages, according to Ken Shepro, Russell's legal and financial adviser.

Shepro said Russell agreed to waive the copying fee for the documents. However, the coroner is authorized, by statute, to charge document fees for the reports.

"These are separate from FOIA fees, and it seems to be well established that you cannot use FOIA to circumvent these fees," Shepro said.

Shepro said the total amount of document fees for Onzick's request amount to about $10,600.

"Rob has said, 'No, I'm not going to waive those. Those are statutory fees,' " Shepro said. "So the question is, now what? Are we going to court to litigate over $10,600 in fees?"

Shepro said Russell sent an email to all county board members saying he has no desire to engage in a lawsuit with the county, and he would not initiate such a lawsuit on his part.

After Tuesday's private meeting, Lauzen said he also has no desire to go to court with Russell.

"We're not suing elected officials," Lauzen said. "It's not always nice and smooth, but we are going to work together."

Lauzen said he has a compromise in mind that should work, but he was not prepared to make the details public Tuesday.

Shepro said Russell has offered several options to avoid any fees.

One option would be for Kearns to come to the office and examine the files in person without creating any copies. The second option is for Kearns to be sworn in as a special deputy coroner, making her subject to the confidentiality requirements of the office. The advantage of being sworn in is Kearns would have full access to every death file, including hospital and doctor records that are exempt from disclosure through the Freedom of Information Act.

Whatever the resolution, Lauzen said he believes Kearns will gain access to the necessary records and have a full report back on any unnecessary autopsies in time for the October meeting of the full county board.

Chris Lauzen
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