County files motion to dismiss

E-mail this story

Print this story

Share

PRINCETON — The Bureau County Board has filed a motion to dismiss the second amended complaint filed against it by Bureau County Clerk Kami Hieronymus.

Hieronymus’ second amended complaint is based on the October 2007 board decision to cut $18,000 from Hieronymus’ clerk hire budget. Hieronymus claims she cannot perform all her statutory functions, powers and duties with reduced staff. She is asking the courts to declare the $18,000 cut as invalid.

Hieronymus’ original complaint, filed Oct. 31, 2007, was dismissed in March. The first amended complaint was filed in April and dismissed in May. The second amended complaint was filed May 19.

In Monday’s motion to dismiss the second amended complaint, attorney Gary Smith, representing the county board, said Hieronymus’ faulty premise is the county clerk’s office must always receive at least the same amount of money as appropriated in previous years. There are no facts to support that assumption, Smith said.

According to Smith, Hieronymus has failed to substantiate her conclusion that the $18,000 reduction would mean reducing her staff by one deputy clerk. She could reduce the salaries of her three at-will employees, become more efficient in the performance of her duties or perform those duties over a longer period of time, Smith said.

In an additional argument, Smith said the Bureau County Board has not abused its discretion in making budget cuts. If the Hieronymus complaint is not dismissed, then every department head in every county could hold the threat of a lawsuit against its county board for any reduction in that department’s budget, the attorney said.

Circuit Judge Joseph Hettel will hear arguments on the county board’s motion to dismiss at 11 a.m. today, Thursday, in the LaSalle County Courthouse in Ottawa.

Comment on this story at www.bcrnews.com.