Kankakee Times

Kankakee County Auditor Jake Lee was not getting what he signed up for and apparently it took a tool on his patience and elicited a legal response.

Due to the county board prohibiting Lee from performing the duties of auditor mandated by state law, he chose to file a lawsuit naming the county, county board and Chairman Andrew Wheeler as defendants, Illinois Leaks reported. The DeKalb County State’s Attorney will represent Lee, while the Grundy County State’s Attorney will represent the Kankakee County Board.

Lee was elected to the position of county auditor in 2016. The lawsuit came following his effort to work through the differences, including attempts at mediation.

At the root of the issue is the personnel who have been tabbed to perform Lee’s duties by the county. It has hired a finance director, Steve McCarty, who previously held the office of auditor, according to the court filing. McCarty prohibited Lee from performing statutory duties, with the county instead paying the finance auditor to perform those actions, Illinois Leaks reported. It also established policies meant to exclude the auditor and not provide reasonable access to county records.

Lee attempted to make several points in the lawsuit that included there is no constitutional statutory or common law legal authority for Kankakee County’s actions. The suit also pointed out that should it take such action, it would have to come through the authority of the state legislature. Illinois Leaks reported the county’s actions to not only remove the powers of the auditor, but then to transfer those powers to other officials including a finance director, is not only usurpation but an infringement upon the law.

Lee is seeking the tools, staff and budget necessary to act as auditor without further interruption. He is also seeking a judgment and a Writ of Mandamus against the defendants, instructing them to comply with court directives and amend their financial policies and actions the court documents reported.