Special prosecutor appointed to investigate DuPage clerk’s bidding practice

The Illinois attorney general’s office has been assigned as a special prosecutor to investigate bidding practices in the DuPage County clerk’s office.

The DuPage County state’s attorney’s office sought the appointment after the clerk’s office did not provide the county auditor with requested documentation regarding two election-related vendors.

Bills from the vendors — one for $113,710 from Prager Moving and Storage, for moving equipment to election sites, and another for $115,997 to Governmental Business System for election supply kits — have not been paid.

“The Clerk’s failure to comply with the competitive bidding law may constitute official misconduct,” State’s Attorney Robert Berlin wrote in his motion seeking a special prosecutor.

“The (county) board understands that failure to pay the invoice may lead to the county being sued for violation of the prompt payment act, and as a result, have requested the State’s attorney pursue an investigation into possible official misconduct,” the motion continues.

The county clerk’s office and the county have been at odds for the past to years over how the clerk’s bills are processed and paid.

“I welcome the involvement of the Attorney General in this matter,” Clerk Jean Kaczmarek said in an emailed statement Tuesday. “Two years ago, the Attorney General’s Office provided a legal opinion to State’s Attorney Berlin regarding the limits of the County Board’s budgetary authority, and Berlin’s office ignored the guidance provided and misrepresented its content, leading to years of unnecessary conflict.

“This motion is simply another example of the lengths to which Bob Berlin will go to avoid admitting being wrong about the law.”

Kaczmarek has argued state law gives her control over how her office is run and the county cannot delay payment of bills. The county has argued that the clerk’s office must follow accounting procedures for bills to be paid. State law requires governing bodies to pay bills within 60 days.

When the county auditor’s office reached out to Kaczmarek on June 5 seeking documentation that a contract signed Jan. 10 with Prager Moving & Storage was properly bid, her office declined.

“The County Auditor’s Office is not a court to which the County Clerk submits evidence in order to obtain the Auditor’s subjective approval of her internal operational decisions,” Adam Johnson, chief deputy clerk, wrote in an email responding to the auditor’s request, according to court documents.

In a phone call Tuesday, Johnson noted that the county clerk’s office has had a long-standing relationship with Prager Moving & Storage, and that its services were bid several years ago.

“The clerk acted within her authority and delivered DuPage voters the best run elections in the state and the vendors whose work made that possible deserve to be paid,” he said.

Berlin noted that because his office is the legal representative of the county clerk, investigating it would be a conflict of interest.

The special prosecutor request, granted by DuPage County Chief Judge Bonnie Wheaton, notes the Illinois attorney general’s office has agreed to accept appointment and conduct the investigation and “if reasonable grounds exist to pursue prosecution of such actions.”

The county will not incur any additional costs with the appointment, according to the motion.

A spokeswoman for the Illinois attorney general’s office confirmed the appointment, but declined further comment.

In September, the county filed a civil complaint seeking to force the clerk’s office to comply with accounting procedures.

Last month, the state’s attorney’s office filed a motion for summary judgment, effectively asking a judge to rule on the matter without a full trial. The clerk’s office has until July 16 to respond. A hearing is set for Aug. 19.

The debate also has led DuPage County Board Chair Deb Conroy to lobby for changes in state law related to competitive bidding. The changes, which took effect Jan. 1, clarify that countywide elected officials must seek bids for services costing $30,000 or more.

“The DuPage County Board and I work diligently to ensure our offices are fiscally responsible and that they comply with procurement laws and Generally Accepted Accounting Principles,” Conroy said in an emailed statement “For years, we have expended significant time and energy to persuade the Clerk’s office to comply with these procedures …. Despite all these efforts, it’s disappointing that an investigation is needed.”

Conroy said Tuesday she is endorsing fellow county board member Paula Deacon Garcia, a Lisle Democrat who us running for county clerk in the 2026 election.

Kaczmarek, also a Democrat, announced in May she is running for reelection.

https://www.dailyherald.com/20250708/news/special-prosecutor-appointed-to-investigate-dupage-clerks-bidding-practices/