During a special Real Estate Tax Cycle Committee meeting Wednesday, members of the committee voted to postpone discussions on two no-bid contracts made without board approval with Fidlar Technologies in order to give the State’s Attorney’s Office time to research whether the contracts were done legally and according to county policy.
Committee chair Phil Chapman called the special meeting in order to discuss two contracts for $181,347.79 and $258,328 signed Oct. 2 without notification to the County Board. Chapman invited Fidlar representatives and other officials to participate.
During the meeting, Chapman explained that Recorder Amy Meyer signed the “media conversion agreements” with Fidlar for the digitization of records. Last year, the board members had denied Meyer’s request to enter into the contracts, choosing to revisit the issue after County Clerk Debra Ming-Mendoza takes over the job duties of the County Recorder on Dec. 1.
However, county board members learned that the contracts had been signed without notification or approval after Madison County Chairman Kurt Prenzler obtained copies of the contracts through the Freedom of Information Act.
Meyer had previously told board members that she signed them urgently in order to seek reimbursement under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The CARES Act was adopted by Congress in March in response to the COVID-19 pandemic. The contracts Meyer entered into with Fidlar are for the digitization of property records.
Meyer said her actions were “not done in a vacuum.”
“Soon-to-be Clerk Recorder Ming-Mendoza was aware that this was something that we were looking to do,” she added. “I take full responsibility for it, but I did not do anything behind her back.”
During Wednesday’s special meeting, Chapman said it is his understanding that Meyer did not inform Ming-Mendoza that she intended to sign the contracts. He also said the Auditor’s Office was not made aware of the contracts.
Madison County Auditor Rick Faccin said his office had not seen copies of the invoices until Chapman e-mailed them to the Auditor’s Office with a copy of the FOIA request on Oct. 23.
Board member Mike Walters asked how long it usually takes a constitutional officer to submit invoices after signing contracts.
Jennifer Zoelzer with the Auditor’s Office said that while the time it takes to receive an invoice can depend, most are submitted “fairly soon” and within the board meeting cycle.
Chapman also said Meyer explained that she signed them because an emergency existed due to the CARES Act. However, he said there are county protocols in place so that emergencies can be handled while still adhering to the approval process.
Chapman noted that it is his understanding that constitutional officers may “move budgeted money from one line item to another to complete their mission,” but they are prohibited from using any money that happens to be in an account. He asked for clarification on this from the State’s Attorney’s Office. He also asked for a review of the accounts to see if there are sufficient funds for the contracts.
“There are or there aren’t sufficient funds budgeted,” he said.
Meyer later responded that the Recorder’s Office fund balance at the time of the meeting was $1.3 million.
Chapman said he sent a letter to the State’s Attorney’s Office with a list of the questions he raised to ensure the contracts are legally sufficient and in accord with county policy.
He asked if the Recorder had the authority to enter into the contracts after her request was previously denied, whether she had the authority to enter into the contracts if the funds had not been budgeted, whether she sought any legal advice regarding the contracts or the FOIA request, whether any procedures are in place that would allow for her to handle an emergency without board approval, and how emergencies are defined.
Board member Mike Parkinson also asked whether an elected official has the authority to spend special revenue funds without being submitted for approval.
Prenzler also had questions of fact, but not of law. Chapman encouraged anyone with questions to e-mail them to the State’s Attorney’s Office to be included in a memorandum being put together by Assistant State’s Attorney Jeff Ezra.
Committee member Matt King said he is “very disappointed” in the lack of transparency and how the committee learned of the information, but made a motion to postpone the discussion until the Nov. 12 committee meeting. Postponing the discussion would give Ezra time to provide a “solid opinion” on all of their questions. Committee member Chris Hankins seconded the motion. The rest of the committee members agreed.