Appellate court says circuit clerk can use special fund to pay employees

An appellate court panel has ruled that Kane County Circuit Court Clerk Deb Seyller may use money from special funds to pay her employees and keep her office open.

The ruling, though, did not end the dispute between Seyller and the Kane County Board, which refused to pay Seyller’s request for more funding for more personnel, prompting the legal battle that began last fall.

Dean Frieders, an attorney representing Seyller, could not specify the beginning and current balances of the fund, which is used to pay for clerk services like automation. But he said Monday the appellate and circuit court rulings about using the special funds are an affirmation that Seyller does need the additional staff.

“(The appellate panel) determined it was in fact legal for her to use the special funds,” Frieders said. “The courts have agreed thus far that her staffing is the minimum required for her to meet her (state) mandates. The question is going to be what are those expenses paid out of.”

The appellate court panel’s decision only applied to the past fiscal year, which ended Nov. 20, 2010.

“We are formulating our plan for how we go forward from here,” Frieders said.

Ken Shepro, the county’s attorney, said he was “puzzled” by Frieder’s comments that the court ruled for Seyller. Shepro noted the appellate panel agreed with a circuit court judge — who ruled that Seyller should pay for expenses out of her special fund instead of the county paying from its general fund.

“I think the word is ‘spin,’ ” Shepro said. “We’re very pleased, obviously, with the ruling. The court essentially rejected every one of her arguments.”

The case is due in court again on April 20.

Seyller sued the county board in September after it denied a request for $520,000 in additional funding for 11 more employees.