Kane Co. eyes alternatives in legal battle with circuit clerk

The Kane County Board couldn't solve its budgetary differences with Circuit Court Clerk Deb Seyller outside the courtroom, even with the help of attorneys. So the county board might try to end the argument by creating new state laws.

Members of the county board's Legislative Committee listened Wednesday to ideas by attorney Ken Shepro for possible state laws that would end the battle once and for all.

One idea would be to make it legal for Seyller to have her own separate tax levy.

“Then the circuit clerk would have the right to say, ‘Here's how much money I need. Here is my levy.' And then the clerk would answer directly to the voters,” Shepro said.

In previous interviews, both Seyller and Kane County Board Chairman Karen McConnaughay said they'd support that plan.

Another idea would create a law that would give Chief Judge F. Keith Brown maximum power to solve the problem. Currently, the chief judge has some input into one of two automated funds in Seyller's office that the county board believes hold enough money to at least solve the budget deficit on an interim basis. Shepro said one option would be to create a law giving the chief judge authority over both automated funds.

A third option would get to the most hotly-debated topic at the center of the budget disagreement. Shepro said the county could advance a law that would make the county board a co-employer of all employees in Seyller's office. County board members repeatedly told Seyller during the budget wars that they disagreed with her filling open positions and adding staff without their permission, adding to the costs of the office. The county board already has a similar co-employer setup with the sheriff's office.

Legislative Committee members didn't provide much feedback on the ideas. Five of the seven committee members are board freshmen and weren't around for the budget battles with Seyller.

Unrelated to Seyller, Shepro also told the committee about an additional idea for a law change that might rankle some watchdogs. He said the county would like leeway to waive the competitive bidding requirements for some contracts and services. Currently, Kane County can only waive competitive bidding in an “actual emergency,” such as a tornado. Shepro said the county could use the leeway to waive competitive bidding during instances when there is only one service provider to negotiate a lower rate.

“Right now, when there is a sole supplier, and they know it, they can bid whatever they want and know they'll still be the lowest bidder,” Shepro said.

As for who would actually help the county promote the laws, that also remains in limbo. Committee members said they'd consider retaining the lobbyists the county board fired during the health department layoffs, but they first want more information on the services provided.