Government Center

719 S. Batavia Ave., Bldg. A

Geneva, IL 60134

Kane County

KC Legal Affairs and Claims

Meeting Minutes

PIEROG, Gumz, Roth, Tepe and Williams

Thursday, January 16, 2025

10:30 AM

County Boardroom

Call To Order

Chairman Pierog called the meeting to order at 11:02 AM.

Roll Call

Chairman Corinne M. Pierog

Board Member Bill Roth

PRESENT

Board Member Vern Tepe

Board Member Rick Williams

Board Member Michelle Gumz

ABSENT

Also present: Co. Bd. Members Bates*, Kious*, Surges*; ASA Frank, Vargas; HRM

Exec. Dir. Lobrillo; ITD staff Peters; and members of the press and public.

Remote Attendance Requests

There were no remote attendance requests for today's meeting.

Approval of Minutes: November 14, 2024

RESULT:

MOVER:

APPROVED BY UNANIMOUS CONSENT

Bill Roth

Public Comment

None.

Executive Session

The Legal Affairs & Claims Committee entered into Executive Session at 11:06 a.m. to

discuss pending litigation and release of closed session minutes on a motion made by

Williams, Tepe seconded. Motion carried unanimously by roll call vote.

RESULT:

APPROVED BY ROLL CALL VOTE

Rick Williams

Vern Tepe

MOVER:

SECONDER:

Bill Roth, Vern Tepe, and Rick Williams

Michelle Gumz

AYE:

ABSENT:

Pending Litigation

Release of Closed Session Minutes

Open Session

The Committee returned to Open Session at 11:30 a.m. on a motion made by Roth,

Tepe seconded. Motion carried unanimously by voice vote.

RESULT:

APPROVED BY VOICE VOTE

Bill Roth

MOVER:

Vern Tepe

SECONDER:

Vote on Release of Closed Session Minutes

RESULT:

MOVER:

APPROVED BY ROLL CALL VOTE

Rick Williams

Bill Roth

SECONDER:

Bill Roth, Vern Tepe, and Rick Williams

Michelle Gumz

AYE:

ABSENT:

Amending Section 2-193 of the Kane County Code - Expenditure of Funds for

Settlement of Claims

County Board Member Surges spoke on a possible clause being added to the

resolution and/or policy which states the State's Attorney's Office (SAO) would

confer with the Finance Department and the Human Resources Department

(HRM) prior to settlement. He stated that he was not suggesting that these

cases be presented to an elected committee, such as the Executive Committee.

He explained that these two department heads should have the ability to review

the settlement amounts to establish checks and balances with the financing of

these settlement amounts. He suggested that a settlement amount of up to

$25K be allowed for a working group comprised of the SAO, Finance

Department, and HRM be recorded within a report that is shared with the County

Board members. Committee Member Williams recommended that prior to

settling these claims, Legal Affairs and Claims Committee members be

contacted by the SAO, in order to have a chance to veto the settlement amount,

if there were facts and/or circumstances that committee members felt necessary

to discuss at a meeting. Discussion ensued. ASA Frank agreed with William's

suggestion of allowing the SAO to raise the approval amount from $5K to $10K

and provide this Committee a notification of the agreed upon settlement amount

for a possible veto, if necessary. He opposed the idea of reporting two several

other divisions, especially with low settlement amounts. The overall goal of

amending the section of the Kane County Code was to raise the settlement

amount due to most small claim cases being within the $5K to $10K range.

Frank explained that he would like an additional clause that would allow the SAO

to contact the Chairman of the County if a swift decision would have to be made

in a case. He stated that he would prefer that the SAO not answer to non-legal

staff for consent on a settlement amount, but rather provide the information to

them. Further discussion ensued.

HRM Exec. Dir. Lobrillo suggested that the Legal Affairs and Claims Committee,

Finance Committee and HRM be included on a veto email with the settlement

amount, for informational purposes. This would allow HRM the opportunity ask if

policies and procedures have changed to prevent cases from occurring in the

future. Lobrillo stated that HRM is the County Board's assigned claims manager.

Therefore, a clause that allows HRM to be aware of claims and have the ability

to look at the procedural aspect of case situations. She explained that HRM

does not want to stand in the way of the SAO's legal expertise, just to be

informed for procedural and administrative purposes. Additionally, an

informational email would help HRM to ensure adequate funding is available due

to their management of the County's Insurance Liability Fund. Frank agreed

upon a notification system being formalized with the suggested

departments/offices to be included in the ordinance, with the addition of a two

business day response time limit.

Williams moved in favor of the ordinance subject to the amendments of adding a

veto provision that includes a notice be sent from the SAO to the members of

this committee and HRM with a 48-hour response time frame, Tepe seconded.

Motion carried unanimously by roll call vote.

KC Executive Committee

RESULT:

MOVED FORWARD BY ROLL CALL VOTE

KC Executive Committee

Bill Roth

TO:

MOVER:

SECONDER:

Rick Williams

Bill Roth, Vern Tepe, and Rick Williams

Michelle Gumz

AYE:

ABSENT: