Appellate panel hears arguments from Seyller, Kane board

Who should decide how the Kane County Circuit Court Clerk’s Office operates?

That’s one question a hearing Tuesday before a three-person appellate court panel will hope to answer in coming weeks.

Kane County Circuit Court Clerk Deb Seyller continued her dispute with the Kane County Board over funding for her office.

Seyller hired 11 more employees without approval from the county board and surpassed her 2010 budget by about $520,000. She argued the new employees are needed to perform duties required by her office under law.

The county board denied Seyller’s request in September for more funding, so she sued.

The board contends all county departments are hurting for funding and that Seyller needs to tighten her belt.

Judge Steven Sullivan ruled in October that Seyller should use money from a special fund already controlled by her for items like maintaining an automation system — instead of money coming from the county’s general fund.

Appellate Court Judge Robert McLaren noted Tuesday that Sullivan’s ruling appeared to give Seyller free rein for paying the new employees.

Seyller’s attorney Dean Frieders disagreed, arguing that additional funding for Seyller’s office should come from the general fund because using money from the other fund could be against the law.

“Just saying ‘use special funds’ does not give the circuit clerk free rein, it gives her more rope to hang herself,” Frieders said. “We believe the circuit clerk has stretched her resources as far as it can be stretched.”

Sam Vinson, attorney for the county board, argued that Seyller had not used any of the special funds before the October court order even though some of her employees’ duties covered automation and other uses.

The appellate panel did not give a timeline for its decision. The county board and Seyller return to civil court March 4.

Both sides tried mediation a few months ago, but it was unsuccessful.