Hieronymus complaint dismissed

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OTTAWA— The amended complaint in the Kami Hieronymus versus Bureau County Board case has been dismissed.

At Monday’s hearing in the LaSalle County Courthouse, Circuit Judge Joseph Hettel said sufficient facts were not given by Hieronymus’ attorney, Bureau County State’s Attorney Patrick Herrmann, to go forward with the case.

In explaining his decision to grant the motion to dismiss, Hettel said Herrmann did not articulate the claims on why Hieronymus would not be able to perform the duties of her office with the county board-ordered budget reduction and a possible reduction of staff. The county board does have the right to set department budgets, whether to increase or to decrease them, the judge said.

However, Hettel did allow Herrmann to file another amended complaint on behalf of his client. In looking at the possibility of another amended complaint, Hettel said he didn’t know, at this time, what else could be presented to make for a different outcome.

The judge told Herrmann any second amended complaint was to be filed by May 19. Springfield attorney Gary Smith, representing the Bureau County Board, is to file his response and motion to dismiss by June 2. The next court hearing is set for 11 a.m. June 5 in the LaSalle County Courthouse.

Following Monday’s hearing at the LaSalle County Courthouse, Herrmann said he will file another amended complaint on behalf of his client. He thinks he can present the information wanted by the judge to proceed with the case, Herrmann said.

Hieronymus’ original complaint against the Bureau County Board stems from the Oct. 18, 2007, budget action of the county board in which about $18,000 was cut from Hieronymus’ clerk hire budget for the 2008 fiscal year. The cut means she would not have the needed staff to fulfill her state-mandated responsibility, Hieronymus said. The judge dismissed Hieronymus’ original complaint in March.

During Monday’s 30-minute hearing, attorney Gary Smith said the Bureau County Board has the legal right to set the budget for county departments. It is a major fallacy to assume Hieronymus’ must have the same number of staff, paid at the same rate, every year, Smith said.

In his presentation, Herrmann said only Hieronymus is qualified to determine when she has sufficient staff. The county board can’t do that for her, Herrmann said. The county has to provide a reasonable amount of money for her office to function. Hieronymus is not wanting additional money in her budget, but just the amount she’s had for several years.

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