Motion allowed to dismiss Hieronymus' case

E-mail this story

Print this story

Share

PRINCETON — Circuit Judge Joseph Hettel has allowed a motion to dismiss the complaint filed by Bureau County Clerk Kami Hieronymus against the Bureau County Board.

However, Bureau County State’s Attorney Patrick Herrmann, representing Hieronymus, plans to file an amended complaint within the court-allowed 21 days, which is March 25.

Herrmann and Springfield attorney Gary Smith, representing the Bureau County Board, attended a first hearing Tuesday morning on the dismissal motion at the LaSalle County Courthouse in Ottawa. Hieronymus and Bureau County Board members Marc Wilt and Steve Sondgeroth also attended the hearing.

 Hieronymus’ complaint stems from the Oct. 18, 2007, action of the Bureau County Board in which the county board cut $18,000 from Hieronymus’ clerk hire budget for the 2008 fiscal year. Hieronymus filed her complaint on Oct. 31, 2007, asking for the courts to declare the $18,000 cut as invalid. On Dec. 21, 2007, Smith filed his motion to dismiss the complaint.

In her complaint, Hieronymus said the board’s budget cut action violates a collective bargaining agreement with employees and also prevents her from having sufficient staff to take care of all the state-mandated duties of her office. The $18,000 cut in her budget means the loss of one employee and the reduction of salary for another employee, she said.

At Tuesday’s hearing, Smith said Hieronymus’ complaint failed to include specific examples validating her claims. No references were given as to why Hieronymus could not operate her office within the county board-approved budget, he said. The clerk’s budget is subject to county board approval, he said.

On behalf of his client, Herrmann said Hieronymus’ duties are mandated by the state and have to be performed. The budget cut does not allow Hieronymus sufficient money to employ the staff needed to handle the responsibilities of her office, the state’s attorney said.

After giving Herrmann 21 days to file his amended complaint, the judge then gave Smith 14 days to respond to the amended complaint, before setting the 10 a.m. April 15 status hearing for the amended complaint.

Comment on this story at www.bcrnews.com.