County lawsuit proceeds

BENTON — A Feb. 26 date has been scheduled for a judge to hear Franklin County's argument in their lawsuit against the State of Illinois.
In December, the county filed the suit against state officials for the reimbursement of salaries delayed as a result of the budget impasse in Springfield. The county followed the lead of St. Clair and Williamson counties, who filed similar cases.
Franklin County State's Attorney Evan Owens told the County Board on Monday during committee meetings that a hearing was held at the courthouse here in Benton on Friday.
During that hearing, attorneys representing the Illinois Department of Revenue filed two motions — one for a stay of the lawsuit, essentially asking the court to delay any action on the pending lawsuit until the appeal of the St. Clair case is remedied; and a motion for a change of venue to Sangamon County. Judge Melissa Morgan denied both motions.
"We were successful in getting both of those motions denied, and our pleased we can move forward with the case," Owens said.
In the St. Clair County case, a judge ruled in favor of the county and ordered the Department of Revenue to reimburse the county for state-supported salaries. The Department paid the salary reimbursements as ordered, however, attorneys filed an appeal with the Fifth District of Appeals Court in Mt. Vernon.
"Their (Department of Revenue) goal is to tie up everybody in the appeals process. We're thankful our case didn't get tied up in that appeal process," Owens said.
Named as defendants in the Franklin County case are Constance Beard, in her capacity as director of the Illinois Department of Revenue and Leslie Munger, in her capacity as comptroller of the State of Illinois.
In count one of the lawsuit, the county seeks mandamus, which in essence, demands that reimbursement payments be made for the offices of state's attorney, public defender and the supervisor of assessments.
The county has not received any reimbursement payments since the fiscal year began on July 1.
In the second count of the lawsuit, the county seeks a declaratory judgment, requiring the state to make the reimbursement payments and "other such relief as the court deems just and proper."
According to the lawsuit, the state is required to reimburse the state's attorney salary at 66 2/3 percent of the total annual compensation, 66 2/3 percent of the public defender's salary and 50 percent of the supervisor of assessments salary.
The Feb. 26 hearing begins at 9:30 a.m.
Also on Monday, Health and Environment Committee Chairman Tom Vaughn distributed copies of the latest edition of the Rend Lake Area Visitors Guide. He said about 1,000 copies of the publication were distributed at a conference in Schaumburg recently, receiving favorable comments from those in attendance. He said the Tourism Bureau has approved the guides for distribution to rest stops throughout Illinois.
Vaughn also complimented the animal control staff for painting the facility, adding, "The attitude of the staff is very positive."
Highway Engineer Mike Rolla reported he has met with road commissioners regarding motor fuel tax funds. He said the county is receiving MFT funds from the state on a regular basis.
He indicated while funds have decreased about 20 percent, the county is surviving with its current budget, adding the situation will have to be re-evaluated in July — the beginning of the state's new fiscal year.