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Kendall County Coroner Explains Changes to Deputy Coroners' Pay

Todd Milliron, who supports Coroner Ken Toftoy's opponent in the November election, questions why the pay changes weren't presented to the County Board.

Kendall County Coroner Ken Toftoy did not consult county board members when he changed his deputies' pay to an hourly rate - nor was that required by state law, Toftoy said.

Patch blogger Todd Milliron, who supports Toftoy's opponent in the November election, has asserted that the deputy coroner's pay should be set by the Kendall County Board. and chairman of the Kendall County Republican Central Committee, is facing independent Mike Dabney, an Oswego firefighter.

An attorney in the Kendall County State's Attorney's Office told Toftoy he needed to change his pay policies to comply with IRS regulations, Toftoy said.

Toftoy had been paying deputy coroners $24 a day when they were "on call," plus a $100 stipend for each new case they handled. Toftoy removed the "on call" pay and went to an hourly rate based on each deputy's tenure with the coroner's office on April 1. The average pay rate is $24 an hour, and the average call lasts about 4 hours, Toftoy said.

Toftoy said he made the changes after consulting with Assistant State's Attorney Leslie Johnson, who never advised him to seek county board approval for the new pay system.

But Milliron questioned whether state law required board approval, citing a statute that states:

Each coroner may appoint one or more deputies as the coroner, in his or her sole discretion, determines necessary and appropriate, subject to county board appropriations. The appointment shall be in writing and signed by the coroner. A deputy's compensation shall be determined by the county board.

Toftoy relied on another portion of state statute that says:

The county coroner shall control the internal operations of his office. Subject to the applicable county appropriation ordinance, the coroner shall procure necessary equipment, materials, supplies and services to perform the duties of the office. Compensation of deputies and employees shall be fixed by the coroner, subject to budgetary limitations established by the county board.

Kendall County State's Attorney Eric Weis did not return a phone call and an e-mail this week seeking clarification on those two statutes.

Jake Delrose October 19, 2012 at 03:11 AM
It's a legal issue, Milliron won't understand. Hey Todd, Did you finally understand that wearing a seat belt is the law or is that just another conspiracy because of your stance in an election year? Thanks for wasting taxpayers time and money on your JURY TRIAL that you lost in Kendall County! All from the champion to save the little guy from the bad evil people. Good job Kenny! Don't let these ( I won't say it here) people get to you. We have your back because we know you do a fantastic job and your deputies do also. November 6th, Vote for Ken Toftoy Kendall County Coroner, the best choice.
Jon Zahm October 19, 2012 at 04:16 AM
Toftoy, and all county officials, are given an overall budget number and they have internal controls how they spend it within that number. The County Board can advise. The County Board can cut your budget. But they do not control all your decisions as an elected county official.
Tim October 19, 2012 at 04:32 AM
A book could be filled with the things Todd doesn't know. This, of course, is yet another example. The code clearly states that a coroner can appoint a deputy as the CORONER, not just as a deputy coroner. It is meant for circumstances that leave the coroner unable to perform their regular duties(illness, and other unforeseen circumstances). Constantly trumpeting his claims makes this editor look just as foolish as Todd. Take the short cut; If Todd says something, it is going to be factually incorrect. Move on.
Todd Milliron October 19, 2012 at 04:47 AM
@Jake, It is an issue of arrogance of power, displayed by out of touch incumbent. He alone, decides just how to spend our money, He thinks it is his money, not ours and has no concept how much we taxpayers are hurting.
Yorkvillian October 19, 2012 at 02:03 PM
Being a resident of Kendall county as well as the coroner I believe Ken has an idea what taxes are in the county. He has a yearly budget and may spend it how he sees fit. There haven't been any complaints about the serivces That his office provides in all the years from the most important folks of all the people who have lost a loved one from any circumstances that he was needed in. In fact there have been many letters published of how his office responded in times of need with courtesy and dignity for the deceased and their families. I happen to believe that everyone has the right to challenge him for the office position but don't slander the man for doing his job well all these years.
Stephen Youhanaie October 19, 2012 at 02:30 PM
What year were the statutes passed that are being referred to? I recall the "buddy badge" practices were dropped in the 1980's. Did the statute that Milliron cites have something to do with that practice ceasing? Did it pass after the one that Toftoy cites?
Ken Corbin October 19, 2012 at 04:30 PM
This shouldn't even be an issue. The coroners position is no different then the other elected officials like the Sheriff, Clerk, and Treasurer. The County Finance Committee works through the budget process of each department, spending long hours with each official to reach agreement. Once the finance committee recommends the budget for approval, the entire county board gets to review, ask questions and comment before the budget is voted on for approval. Once approved, the funds become the office holders to spend as necessary to meet the needs of their office or department. Furthermore, all bills from all departments are submitted monthly for review by the board and anyone else who cares to see them, before they are approved by the board for payment. A balance remaining of every line item is clearly shown each month from the original budgeted amount. Mr. Toftoy has always been frugal with the taxpayers money, while maintaining a high level of integrity, professionalism, and service to Kendall County and it's citizens. Ken Corbin
Concerned Citizen October 19, 2012 at 06:23 PM
Both sections were passed at the same time (effective January 1, 1990).
Stephen Youhanaie October 19, 2012 at 08:00 PM
http://www.dekalbcounty.org/Financial/Budget_Inter/ABFY11/Section%20E%20-%20Salaries%20%20Benefits.pdf Here's how DeKalb does it. Each employee is specifically identified with specific hours to be worked.
Stephen Youhanaie October 19, 2012 at 08:11 PM
Not true, Jon, but good try
Steve Kendall October 19, 2012 at 09:15 PM
Dear Todd, Please go away, you have been wasting taxpayer money and are just poison with your articles in the KC Record. You and the other fanatics are just a laughing stock to 90% of the county residents
Jake Delrose October 20, 2012 at 03:50 AM
"arrogance of power, displayed by out of touch incumbent" So what you are saying here is that what he did was not improper, but in your opinion, you just did not like? Thanks for your opinion. No one cares. And again how do you think your opinions are facts? Oh! they are not... My bad. Can you go off to your cave again and maybe there is real corruption happening in your industry, insurance. Because I am sure there is not an insurance company, maybe yours that you represent, out there that is messing the little guy over somewhere, right?!
Todd Milliron October 21, 2012 at 02:39 AM
Jon Zahm = $1000 in his pocket, see last line item entry for Toftoy Campaign paid expense as listed. http://www.elections.il.gov/CampaignDisclosure/ItemizedExpend.aspx?FiledDocID=481172&ExpenditureType=Expenditures&Archived=True&OrderBy=LastorOnlyName-AtoZ&ItemizedExpendFrom=D2Quarterly.aspx
Jon Zahm October 23, 2012 at 11:03 AM
Actually, Steve I am correct about how budgets work at county government. Yes, Todd, I do get paid for my services. Not with any tax dollars from Kendall County but with campaign donations raised. Tell the taxpayers about the jury trial you demanded at taxpayer expense a few weeks ago because you don't think the seat belt law should apply to you.
Jake Delrose October 28, 2012 at 06:57 AM
And the crickets are chirping waiting for Todd to never respond to this truth...

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