County receives checks from state

BENTON — Franklin County's lawsuit against the State of Illinois apparently has had some impact.
Franklin County State's Attorney Evan Owens reported Monday he has been informed by the attorney general's office that the county will be reimbursed for salaries of the state's attorney, public defender and Supervisor of Assessments.
Checks for the public defender and Supervisor of Assessments reimbursements have been received and the check for the state's attorney's salary reimbursement came on Monday, according to Owens.
In December, the county filed the lawsuit against state officials for the reimbursement of salaries for the offices previously mentioned. The action followed similar actions in St. Clair and Williamson counties. Although a judge ruled that reimbursements be paid to St. Clair County, that case is currently under appeal in the Fifth District Court of Appeals. It is not known the status of the Williamson County lawsuit.
A Feb. 26 date had been scheduled for a judge to hear Franklin County's case. Owens said local officials are still undecided about whether to dismiss its action against the state.
"We have not made that decision yet," Owens stated via a text message. "We will see if all payments are made."
In an earlier court hearing, the county won two motions filed on behalf of the State. Attorneys representing the Department of Revenue asked the court to delay any action on the pending lawsuit until the appeal of the St. Clair case is remedied; and the State had requested a change of venue to Sangamon County. Judge Melissa Morgan denied both motions.
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.
Until Monday, the county had not received any reimbursement payments since the fiscal year began on July 1. The checks the county received are reimbursements through December 2015, Owens said.
In the second count of the lawsuit, the county sought 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.