Winnebago County Sued By Veterans Assistance Commission –

Rockford, Ill. (ECWd) –

The Illinois Military Veterans Assistance Act was recently amended to mandate funding for county Veterans Assistance Commissions (“VAC”) by each county through a tax levy or other means.

Section 2(1) of the Act states, in part:  . . . the county board shall provide such sums of money as may be just and necessary to be drawn by the commander, quartermaster or commandant of any veterans service organization, in the city or town, or the superintendent of any Veterans’ Assistance Commission of the county, upon the recommendation of the assistance committee of that veterans service organization or Veterans’ Assistance Commission.

Funds can be provided from three sources, a tax levy, county general funds, and state funds from the Illinois Department of Human Services.

Section 5-2006 of the Counties Code provides the authority for a county wishing to levy a tax of no more than .03%, or .04% if a referendum approves it.

Section 2(2) of the Act requires the VAC or its Superintendent to file suit in circuit court seeking Mandamus against a county for refusing to provide the requested funds as determined by the county VAC.

Sections 10(e), (f), and (g) list requirements of counties as it relates to funding and services to its VAC. Which include providing offices space and all equipment and services related to it, providing all Commission employees with benefits also provided to County employees, and providing the funding approved by the Commission including payroll funding and expenses.

Section 11 of the Act restrict counties from acting in a manner inconsistent with the Act.

According to the Veterans Assistance Commission of Winnebago County, this is what lead up to the VAC filing suit against the county:

• On May 30, 2024, the Veterans Assistance Commission of Winnebago County (VACWC) submitted a certified budget to the County for Fiscal Year 2025, totaling $1,639,803.01. This amount included $875,500.00 for services provided to military veterans and their families including operational costs and $764,303.01 for salaries including employee benefits.
• From May 30, 2024 through September 26, 2024 neither the County Board nor the County Finance Committee formally invited the VACWC Superintendent to present on its fiscal year 2025 budget.
• On September 26, 2024, the County Board adopted its own budget for the VACWC, appropriating a total of $1,119,000.00. This included $389,696.99 for financial payments and services to veterans and $729,303.01 for operational costs.

Instead of approving the budget the VAC approved, which the county was required to approve, Winnebago County approved its own budget for the VAC which was nearly $521,000 less than the budget approved by the Commission.

This put the VAC in the position of announcing the elimination of transportation and homeless support to Veterans last fall and announcing the suspension of general and emergency assistance to Veterans this month due to lack of funding.