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91_HR0685
LRB9113631DJcd
1 HOUSE RESOLUTION
2 WHEREAS, DuPage County entered into an agreement with the
3 Illinois Department of Public Aid on October 1, 1998 to
4 "develop, establish and operate (a state disbursement unit)
5 using automated procedures, electronic processes, and
6 computer-driven technology for the receipt, collection,
7 processing, and disbursement of support payments in
8 conformance with the requirements of 42 U.S.C. 654 and 666
9 and other applicable federal laws and written policies and
10 the Scope of Services as set forth" in the agreement; and
11 WHEREAS, DuPage County and its employees and agents
12 (hereinafter simply "DuPage County") have been performing
13 services for the State of Illinois pursuant to the above
14 described agreement; and
15 WHEREAS, DuPage County, in the performance of the
16 above-described agreement, may have committed misfeasance or
17 nonfeasance, or both, with respect to the execution of its
18 contractual duties, resulting in, among other things,
19 improper and inaccurate processing of disbursements,
20 egregious delay in remitting certain disbursements, and the
21 failure to make certain disbursements; and
22 WHEREAS, Despite the misfeasance or nonfeasance, or both,
23 on the part of Dupage County as described above, DuPage
24 County has failed to correct, remedy, or cure, in any legally
25 substantial or adequate manner, its contractual breaches and
26 its performance failures, errors, and delays; and
27 WHEREAS, The above-described misfeasance or nonfeasance
28 has caused serious and exorbitant damage to the intended
29 disbursees and the State of Illinois and its citizens;
30 therefore, be it
31 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
-2- LRB9113631DJcd
1 NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
2 we respectfully request that the Illinois Attorney General
3 conduct a complete investigation into DuPage County's
4 performance of the above-described agreement; and be it
5 further
6 RESOLVED, That we respectfully request that the Illinois
7 Attorney General's investigation include, among all other
8 relevant inquiries, an inquiry into whether and to what
9 extent DuPage County breached the above-described agreement
10 with Illinois to serve as the central disbursement authority
11 for forwarding child support checks; and be it further
12 RESOLVED, That we respectfully request that the Illinois
13 Attorney General's investigation include, among all other
14 relevant inquiries, an inquiry into whether and to what
15 extent any criminal laws were violated in any way related to
16 the performance of the above-described contract; and be it
17 further
18 RESOLVED, That we respectfully request that the Illinois
19 Attorney General vigorously pursue all contractual rights,
20 actions, and common law remedies on behalf of the State of
21 Illinois against DuPage County, due to DuPage County's
22 commission of contractual breach as well as any other civil
23 law violations; and be it further
24 RESOLVED, That we respectfully request that the Illinois
25 Attorney General vigorously pursue all legal avenues of
26 recourse to prosecute any person or entity that the
27 investigation reveals committed one or more criminal acts
28 that are in any way related to the performance of the
29 above-described contract; and be it further
30 RESOLVED, That suitable copies of this resolution be
31 forwarded to the Director of Public Aid and the Attorney
32 General.