Probe of DuPage clerk’s bidding practices ends without charges
The Illinois attorney general’s office won’t pursue criminal charges in connection with concerns regarding no-bid contracts through the DuPage County clerk’s office.
In a statement released Monday, a spokeswoman for the state’s top lawyer put to rest any questions about the status of the nearly yearlong investigation.
“The intention of the bidding statute is to ensure a transparent and competitive process, and violating the statute is a Class 3 felony,” Annie Thompson, a spokeswoman for the Illinois attorney general’s office, wrote in an email Monday afternoon. “We carefully reviewed the serious allegations related to no-bid contracts, and while the conduct certainly violated the spirit of the bidding statutes, our office determined that the facts did not meet the standard necessary to support a criminal prosecution.”
In a written statement, DuPage County Clerk Jean Kaczmarek said she has had no contact with the Illinois attorney general’s office since they were appointed to investigate. She added that she was not asked to turn over any documents for the investigation.
She said she only learned of Thompson’s statement after being contacted by the Daily Herald for comment.
“Of course, there were no criminal charges because there was no crime,” Kaczmarek wrote. “I have acted within my legal authority, unlike the DuPage County Board, which has illegally blocked payment of my office’s invoices for years. If everyone follows the letter of the law, then there’s no need to argue about the spirit.”
Last July, the DuPage County state’s attorney’s office sought the appointment of a special prosecutor to investigate bidding practices, arguing that Kaczmarek’s failure to provide the county auditor with requested documentation regarding two election-related vendors may constitute official misconduct.
DuPage County Chief Judge Bonnie Wheaton granted the request and assigned the investigation to the Illinois attorney general’s office.
On Monday afternoon, DuPage County Chair Deborah Conroy expressed appreciation for the work of the attorney general’s office.
"While the clerk's actions did not meet the burden for a criminal prosecution of a Class 3 felony, the Attorney General clearly agrees the County Clerk violated the intent of the state's bidding practices," Conroy said in a written statement. "I will continue to pursue transparent, taxpayer-friendly practices as Chair of the DuPage County Board."
Conroy and the county board have been at odds with Kaczmarek over billing procedures and how she runs her office.
The ongoing feud led to a court battle last year and a county board vote to censure Kaczmarek in November. Kaczmarek is appealing two court rulings, both of which favored the county.
Last week, county board members expressed frustration over not being notified until this month about several election-related bills, despite some of the invoices dating back to the fall.
DuPage County Chief Deputy Clerk Adam Johnson said the clerk’s office held off on submitting those bills for payment to avoid any issues that could disrupt the March primary.