Sangamon County IL v. Sangamon County Veterans Assistance Comm'n

Appellate Court of Illinois·Decided September 15, 2026·No. 4-25-1160·Published

Opinion

2026 IL App (4th) 251160

FILED

September 15, 2026

NOS. 4-25-1160, 4-25-1169 cons.

Carla Bender

4th District Appellate

IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

SANGAMON COUNTY, ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. (No. 4-25-1169) ) Sangamon County SANGAMON COUNTY VETERANS ASSISTANCE ) No. 25MR90 COMMISSION, )

Defendant-Appellant. )

____________________________________________ )

)

THE VETERANS ASSISTANCE COMMISSION OF ) No. 25MR91 SANGAMON COUNTY and ASHTI DAWSON, in Her ) Official Capacity as Superintendent of the Sangamon ) County Veterans Assistance Commission, )

Plaintiffs-Appellants, )

v. (No. 4-25-1160) )

THE COUNTY OF SANGAMON, a Body Politic and ) Corporate; THE SANGAMON COUNTY BOARD; ) ANDY VAN METER, in His Official Capacity as ) Chairman of the Sangamon County Board; HARRY ) FRAASE, JR., CASEY CONSTANT, DAVID ) MENDENHALL, JEFFREY A. THOMAS, PAM ) DEPPE, TRACY SHEPPARD, CRAIG HALL, TOM ) RADER, TOM MADONIA, JR., PAUL TRUAX, ) JAMES SCHACKMANN, MARC AYERS, BRAD ) MILLER, JOEL TJELMELAND, JR., TIM KRELL, ) GREG STUMPF, ANNETTE FULGENZI, SAM ) CAHNMAN, VERA SMALL, LINDA DOUGLAS- ) WILLIAMS, REGGIE GUYTON, GINA LATHAN, ) TONY DELGIORNO, JENNIFER DEANER, JUSTIN ) DAVSKO, ABE FORSYTH, KEVIN McGUIRE, and ) CATHY SCAIFE, in Their Official Capacities as ) Members of the Sangamon County Board; BRIAN ) McFADDEN, in His Official Capacity as County ) Administrator for the County of Sangamon; JOE ) AIELLO, in His Official Capacity as Treasurer of the ) County of Sangamon; ANDY GOLEMAN, in His ) Official Capacity as Auditor of the County of Sangamon; )

and CHARLIE STRATTON, in His Official Capacity as ) Director of Human Resources of the County of ) Honorable Sangamon, ) Jennifer M. Ascher, Defendants-Appellees. ) Judge Presiding.

JUSTICE HARRIS delivered the judgment of the court, with opinion.

Justices Doherty and Grischow concurred in the judgment and opinion.

OPINION

¶1 These consolidated appeals arose from a dispute between appellants, the Veterans Assistance Commission of Sangamon County and its superintendent, Ashti Dawson (collectively, the VAC), and appellees, Sangamon County, the Sangamon County Board and its members, and several Sangamon County officers (collectively, the County), over the funding of the VAC under the Military Veterans Assistance Act (Act) (330 ILCS 45/1 et seq. (West 2024)). The VAC and the County filed separate actions in the trial court to determine their rights and responsibilities under the Act. The parties also filed motions for judgment on the pleadings in both cases. The court granted the County’s motion and denied the VAC’s requested relief. The VAC appeals, arguing the court misconstrued the Act. We affirm in part, reverse in part, and remand for further proceedings.

¶2 I. BACKGROUND

¶3 A. The Act

¶4 The purpose of the Act is to provide “just and necessary assistance and services” to military veterans, their families, and the families of deceased veterans. Id. § 2. The statute authorizes the creation of county VACs and their funding by the county. Id. §§ 9(a), 2(1), 10. Specifically, the Act states that “[i]n counties having [two] or more veteran service organizations ***, the veteran service organizations may come together to form a [VAC] of such county.” Id. § 9(a). The VAC is composed of “delegates and alternates” from the veteran service organizations

and acts “as the central service office for all veterans and their families and for the families of deceased veterans.” Id. Additionally, the VAC may select or appoint a superintendent, who is vested with the executive powers of the VAC. Id. §§ 9(c), 10(a).

¶5 The Act sets forth various duties and responsibilities of the VAC and its superintendent. Relevant to this appeal, section 9(b), (g) of the Act states as follows:

“(b) The [VAC] and its selected or appointed superintendent shall have oversight of the distribution of all moneys and supplies appropriated for the benefit of military veterans and their families, subject to such rules, regulations, administrative procedures or audit reviews as are required by this Act and as are necessary as approved by the [VAC] to carry out the spirit and intent of this Act.

No warrant authorized under this Act may be issued for the payment of money without the presentation of an itemized statement or claim, approved by the superintendent of the [VAC].

***

(g) Each [VAC] shall, in writing, adopt all applicable policies already established and in place in its respective county, including, but not limited to, policies related to compensation, employee rights, ethics, procurement, and budget, and shall adapt those policies to fit its organizational structure. Those policies shall then be considered the policies of the [VAC] and they shall be implemented and adhered to, accordingly, by the superintendent and by the [VAC]. The [VAC] shall amend its adopted policies whenever a county board amends an applicable policy within 60 days of the county board amendment.” Id. § 9(b), (g).

¶6 Section 2 of the Act is titled “[m]anner of providing assistance.” Id. § 2. It provides that, in support of the Act’s stated purpose of providing “just and necessary assistance and services” to veterans and their families, the following actions should be taken:

“(1) The supervisor of general assistance or the county board shall provide such sums of money as may be just and necessary to be drawn by *** the superintendent of any [VAC] of the county, upon the recommendation of the *** [VAC].

(A) Funding for [VACs] may be derived from 3 sources, if applicable:

(i) a tax levied under Section 5-2006 of the Counties Code [(55 ILCS 5/5-2006 (West 2024))] and Section 12-21.13 of the Illinois Public Aid Code [(305 ILCS 5/12-21.13 (West 2024))];

(ii) funds from the county general corporate fund; and (iii) State funds from the Department of Human Services.

(B) The minimum amount to be provided annually to [VACs] is provided in Section 12-21.13 of the *** Public Aid Code, unless the delegates of the County [VAC] determine that a lesser amount covers the just and necessary sums.

(2) If any supervisor of general assistance or county board fails or refuses after such recommendation to provide just and necessary sums of money for such assistance, then *** the superintendent of any [VAC] located in the district of such supervisor of general assistance or such county board shall apply to the circuit court of the district or county for relief by mandamus upon the supervisor of general

assistance or county board requiring him, her or it to pay, or to appropriate and pay such sums of money, and upon proof made of the justice and necessity of the claim, the circuit court shall grant the sums so requested.

(3) Such sums of money shall be drawn in the manner now provided under Section 5-2006 of the Counties Code and Section 12-21.13 of the Illinois Public Aid Code. Orders of commanders, quartermasters, commandants, or superintendents of those veterans service organizations or those [VACs] shall be proper warrants for the expenditure of such sums of money.” Id.

¶7 Section 12-21.13 of the Illinois Public Aid Code (305 ILCS 5/12-21.13 (West 2024)) sets forth how a local governmental unit may qualify for state funds to supplement the local funds that it receives for public aid purposes. Relevant to this appeal, it provides as follows:

“In a county of less than 3 million population in which there is created a County [VAC], the county shall levy for assistance to military veterans and their families, within the time that such levy is authorized to be made, a tax of an amount which, when added to the unobligated balance available for such purpose at the close of the preceding fiscal year will equal [0].02% of the last known assessed value of the taxable property in the county[.]” Id.

¶8 The Act also contains specific provisions related to the funding of the VAC’s office. 330 ILCS 45/10 (West 2024). Specifically, section 10(e), (g) of the Act provides as follows:

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