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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.

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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