The lawsuit, filed in 17th Judicial Circuit Court, petitions for a Writ of Mandamus compelling the County to fully appropriate the VACWC’s budget as required by Illinois statutory law. “When two units of government don’t agree on the intent of the General Assembly’s laws, the only remedy is to seek a ruling from the judicial branch,” said Jesus Pereira. The VACWC has determined that a budget of $875,500 is essential for the Fiscal Year 2025 to adequately support the provision of financial aid, housing assistance, and other vital services for eligible veterans. However, the County has allocated merely $389,696.99, creating a funding deficit of $485,803.01.
“The County’s refusal to allocate the necessary funds constitutes not only a violation of Illinois law but also a dereliction of its responsibility to those who have honorably served our nation,” said Jesus Pereira. “This legal action is intended to secure the requisite resources that will enable the VACWC to fulfill its statutory mandate and ensure that veterans receive the support they have rightfully earned.”
The lawsuit further details additional statutory violations by the County. Despite numerous emails and meetings between the two parties, no resolution was reached to address relief for the VAC. Additionally, many board members and the State’s Attorney of Winnebago County have expressed the belief that they have no obligation to fund the VAC to the level approved by the Commissioners during their annual budget process. Moreover, the VAC forecasts a shortfall in public aid funds by the third quarter of Fiscal Year 2025, which will render the public aid program inoperative. The VAC processes $30,000 to $40,000 per month in financial relief for veterans and surviving spouses, who will be left without critical support due to the County’s actions. The violations include:
- Failure to approve or return the VACWC’s proposed budget for reconsideration, as mandated by Illinois law.
- Unilateral modifications to the VACWC’s budget without formal consultation or authorization.
- Complete omission of operational funding necessary to sustain essential service delivery.
- A $35,000 deficit in administrative funding, directly impacting staffing levels and operational efficacy.
The VACWC seeks a court order directing the County to:
- Fully allocate the VACWC’s recommended budget of $875,500 to ensure comprehensive financial assistance for veterans.
- Cease unauthorized budgetary alterations absent formal consultation with the VACWC.
- Adhere to statutory procedures in approving subsequent fiscal budgets.
- Provide adequate operational funding to sustain the VACWC’s mandated services.
“This is fundamentally about accountability,” Pereira emphasized. “We cannot passively observe as the County neglects its statutory duty to our veterans. These individuals have made profound sacrifices, and it is our responsibility to ensure they receive the benefits and support they deserve.”
The Veterans Assistance Commission of Winnebago County remains steadfast in its mission to advocate for veterans and their families, ensuring they receive the financial assistance, housing support, and essential services necessary to enhance their quality of life. To support transparency, the VACWC will soon add an FAQ page to its website addressing the events leading up to this lawsuit. Questions regarding the matter can be emailed to jpereira@vac.wincoil.gov. Due to media editing, the Superintendent of the VAC will not be entertaining interviews about the litigation. While pursuing legal remedies, the VACWC remains open to filing a motion to dismiss the lawsuit should a suitable remedy be provided by the County.
A copy of the full complaint cant be found here.
A page dedicate to FAQ’s can be found here.
