DuPage state’s attorney says county board followed law when approving salary increases
DuPage County State’s Attorney Robert Berlin says county board members didn’t violate the state’s Open Meetings Act in April when they approved salary increases for several countywide elected positions.
Jean Kaczmarek, the DuPage County clerk, has filed a request for the Illinois attorney general’s office to review the board’s April 28 vote, which set what the pay will be for the county clerk, treasurer, county board chair, sheriff after the November election.
In a June 26 letter to the state attorney general’s public access counselor, Kaczmarek argued that the DuPage County Board failed to provide enough notice to the public of the pending vote. She argued that the state’s pension code requires six days’ notice before approving a compensation totaling at least $150,000 for an employee participating in the Illinois Municipal Retirement Fund.
Also, Kaczmarek claims the board violated the state’s Open Meetings Act when it approved a change, proposed on the same day as the meeting, that increased the originally proposed salary for the county board chair from $154,390 starting Dec. 1 to $185,000. Under the amended salary, the chair’s pay will top $198,000 in the 2030 fiscal year.
But in his 12-page written response to Kaczmarek’s complaint, Berlin noted the salaries do not take effect until after an election, meaning the board approved a salary for the office — not a particular person who may hold that position.
“While an elected official is considered an employee under the Illinois Pension Code, the elected office is not defined as an employee,” Berlin wrote.
Berlin also said the county board was within its rights by amending the board chair’s salary on the day of the meeting.
He noted that the county board posted an agenda the Friday before the Tuesday board meeting, exceeding the state’s requirement of 48 hours’ notice for public meetings. The agenda included a link to the proposed resolution setting elected officials’ salaries.
Under the OMA, amending a proposed resolution or ordinance without reposting the agenda is allowed when sufficient notice of the proposed subject is given, and the changes are relevant to the original agenda item, according to Berlin.
On Tuesday, DuPage County Board Chair Deb Conroy said in a written statement that the county "exceeded transparency requirements" in setting the new salaries.
"The Clerk's assertions are misguided," Conroy said in the written statement, adding that the county provided ample notice of the meeting and made the agenda and supporting documents available to the public.
"The board conducted open, public discussions regarding the matter, following the steps required by Illinois statute, as it has every election cycle," she said. "If the Clerk disagrees with the statutory requirements for this process, she should take her argument to the General Assembly and seek to change the law."
In an emailed statement, Kaczmarek challenged Berlin’s arguments, saying it suggests that the board can increase the salaries of elected officials and “hide the true amount from the public in advance.”
“DuPage County is making a mockery of the plain text of the Open Meetings Act, which states that the intent of the Act is ‘to protect the citizen’s right to know,’” Kaczmarek said. “I believe voters deserve real transparency, not just lip service.”
Kaczmarek has until Thursday to file a response to Berlin’s arguments. The public access counselor will then review all arguments before rendering a decision. A date for a decision has not been provided by the public access counselor.