DuPage board members press for answers about county clerk investigation

As an appeal in a legal battle with the county clerk looms, DuPage County Board members want answers from the Illinois attorney general’s office on its investigation into bidding practices by the clerk.

In July, the attorney general’s office was appointed as a special prosecutor to investigate bidding practices stemming from questions over contracts with two election-related vendors. The investigation came after the county board sued the clerk’s office seeking compliance with county accounting procedures.

A DuPage County judge last year sided with the county board in both its lawsuit and a counterclaim filed by the clerk’s office. DuPage County Clerk Jean Kaczmarek is appealing the rulings.

At a meeting Tuesday, county board members expressed disappointment about the appeal and the mounting legal bills totaling $279,827 for Kaczmarek’s legal representation in the lawsuits. The board also noted attorneys with the DuPage County state’s attorney’s office have spent a substantial amount of time representing the county board in the legal fight.

“This is death by a thousand cuts, and the clerk owns the knife store,” board member Sam Tornatore said.

He and others said concluding the attorney general’s investigation could help put some of the issues to rest.

“I hope that someone can get a hold of the attorney general and explain that every day that investigation does not move forward is another dollar that the taxpayers are paying,” Tornatore said.

DuPage County Clerk Jean Kaczmarek said she has not been interviewed by the attorney general’s office.

Representatives for the DuPage County state’s attorney and the state attorney general’s offices declined to comment about the investigation. Kaczmarek has hired a private attorney to represent her, but that cost is not covered by the county.

While board members said they had confidence in the county clerk’s election staff and election judges, some raised questions about the companies the clerk was using for election-related services.

“This is now the second election where we have no idea what’s going on, what they’re buying or what they’re doing,” board member Jim Zay said.

Board member Greg Schwarze pushed back on concerns about the integrity of elections.

“I 100% disagree with that,” Schwarze said, adding that the issues the board has with the county clerk do not impact election integrity. “Our well-trained staff know what they’re doing. Our election judges know what they’re doing.”

The clerk’s office confirmed it is not working with the county’s procurement officer to secure contracts for services that include vendors who provide election equipment or move the equipment to polling places.

Kaczmarek said her office is in the best position to determine how to handle the elections.

“These are the vendors that our voters deserve,” she said. “We have the best-run elections in the state.”

She said her office is finalizing contracts for election equipment and working to renew a contract with a vendor who moves the equipment to polling places. Both are vendors the clerk’s office has worked with for years, she said.

Kaczmarek filed a notice to appeal earlier this month. Ken Florey, the attorney representing her in those cases, said he plans to seek an expedited schedule for the appeal, but did not anticipate a decision before the March 17 primary. Florey, whose legal fees are being paid for by the county, said he agreed to cap his fees at $25,000 for the appeal.

On Tuesday, board members again expressed frustration at the ongoing legal fight.

“There’s only one word I can use for this situation, and that is inexplicable,” board member Mary FitzGerald Ozog said. “This is a waste of time, money and effort.”