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Budget feud escalates between Kane County coroner, board

In the ongoing game of legal chicken between Kane County Coroner Rob Russell and the county board, Russell veered toward lawsuit Thursday.

Russell confirmed Thursday he sent an official letter to Kane County State's Attorney Joe McMahon's office asking for a judge to issue a legal order stating which of the coroner's office bills must be paid. It's the latest in a budget feud that could see taxpayers footing the bill for legal expenses to determine what authority the county board really has to reject costs from Russell's office.

Russell said the final straw pushing him toward legal action Kane County Auditor Terry Hunt's rejection of less than $10,000 worth of expenses. Hunt said the squabble is mainly over promotional items with Russell's name on them, such as safety reflectors and shopping bags. He believes those costs were improperly expensed to an account funded by a state grant backed by death certificate fees. But a letter by McMahon's office dated Sept. 3 indicates there are other invoices being rejected.

The letter specifically highlights failure to pay vehicle maintenance charges, biological cleanup of the autopsy lab and costs associated with making copies of mandated documents in the coroner's office. Not paying those costs opens the county to insurance liability escalation and lawsuits from county employees and vendors, the letter says.

"We believe that valid defenses to such claims would be minimal, and we would not predict a successful result for the county," reads the letter, which is signed by McMahon.

Hunt, reached while out of town, said he'd only taken a quick glance at the letter. However, Hunt has been in close contact with McMahon's office ever since the county board first raised questions about Russell's budgets back in 2013. Hunt said he's asked each year, including this year, for verification on any expenses the county is legally obligated to pay.

"They have all been kept up to date about what bills have not been approved for payment," Hunt said. "No one has weighed in with an expression of concern on a particular bill. And I don't believe I've misinterpreted any categorization of an invoice to this point."

Hunt promised to approve any invoices, even retroactively, that McMahon's office tells him the county has a legal obligation to pay.

"If someone comes forward and says there is another category of expenses that should be (paid), then I would follow that," Hunt said. "I have nothing to gain by excluding invoices from payment."

If Hunt makes a full reversal, and pays all the rejected invoices, then Russell will drop his lawsuit, he said. If it proceeds, McMahon's office would likely recuse itself from the entire situation, just as it did when the county board and former circuit court clerk Deb Seyller went to court over her budget. That battle cost taxpayers about $520,000.

"I'm locked and loaded and ready to go the full distance on this," Russell said. "But I think it's a waste of time and money. They have an out. Follow the law. If they don't want to follow the state statutes, then they are bringing this on themselves. As a law enforcement official, I will not stand for illegal actions."

Russell said he did consider simply letting the unpaid vendors sue the county for lack of payment. But he believes maybe putting the lawsuit in motion will be enough of a wake-up call to stop the politics and let him run his office.

"I didn't just wake up and say, 'I'm going to sue you,' " Russell said. "If it's written down in a legal fashion ... maybe there's a chance that they don't want to continue with this nonsense."

Rob Russell
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