By JIM BROOKS
Nelson County Gazette

Tuesday, Jan. 23, 2006, 3 p.m. -- Kevin Brumley of Bardstown -- make that Constable Kevin Brumley of Bardstown -- hopes to be on the agenda of next Tuesday's Nelson Fiscal Court meeting in hopes he can get a question answered.

What is Nelson Fiscal Court's definition of the term "performance bond?"

The Nelson County native needs to have this question answered so he can assume the duties of his elected office -- that being constable.

Brumley won that office as a write-in candidate in the November election, the only person who sought the office in any of the county's five magistrate districts. Brumley has already been sworn-in as constable by Nelson Circuit Judge Chuck Simms; the sole roadblock in his way is posting a performance bond with Nelson Fiscal Court.

CONSTABLES NOT WANTED. Across much of the state, the office of constable is vacant. Many fiscal courts -- including Nelson County -- set a high bond amount to essentially prevent constables who get elected from fulfilling the duties of their office. If a bond is not filed with and accepted by the county fiscal court, the constable cannot serve.

Constables have a long history of service in much of the United States. The office was established by the 1850 state constitution and was a necessary part of the Kentucky courts system until the court reforms of the early 1970s. There was one constable elected in each magistrate's district (then referred to as justice of the peace).

A constable's main function was to provide service to the justice of the peace and the local courts. A justice of the peace served as judge for his own local court, and the constable served paperwork for the court much the way the sheriff's office does today.

But the 1973 judicial reform replaced the old court system with one that required all judges to have legal training. The change led to the County Judge of each county becoming its "judge-executive," whose job now had no legal aspect but was purely the administration of county government.

BOND LIMITS CONSTABLES IN OTHER COUNTIES. After the judicial reform the job of constable remained a constitutional office. For many county governments, constables are seen as a liability. With broad police powers and no requirement for police training or background, constables are discouraged in many counties across the state.

In today's edition of The Courier-Journal, a Jefferson County constable is in hot water for some of his acts as constable. Click here to read the full story of David Whitlock, the Jefferson County constable whose under fire from Louisville Metro government.

In Nelson County, Fiscal Court had previously required a cash bond for a constable's performance bond. Brumley, who has been elected on at least two earlier occasions as constable, challenged the bond issue then. The courts ruled the cash requirement was improper; Nelson Fiscal Court eliminated the cash requirement and raised the bond amount to $1 million.

LOCAL BUSINESSMAN CHIPS IN. Buying that large a performance bond would be cost-prohibitive for most people -- which is exactly why the requirement exists.

But after winning election in November, Brumley raised the required $1 million bond. He contributed part of the bond, his father contributed part, and Bardstown businessman Jack Hurst put up $350,000 to give Brumley the required amount. The bond has been filed with Nelson County Clerk Phyllis Mattingly, and Brumley has requested Fiscal Court to place his bond consideration on the agenda for the next meeting.

Sources say that Judge-Executive Dean Watts has said the bond Brumley has is not a performance bond. While the property bond is a bond, Watts and the fiscal court may interpret the county's requirement to mean a bond issued by an insurance company. Can the property bond serve as the performance bond?

While it may be possible, the authority to accept or decline rests with Nelson Fiscal Court. They set the bond specification, and are within their right to require a company-issued bond -- and if their ordinances don't reflect something along that line, I expect they will before long. The bond amount may increase as well.

Brumley has fought a long fight over the constable issue, serving as his own attorney for at least part of his past legal actions. The county government does not want to allow constables to take office here, and despite Brumley's best efforts, that won't change.

The county doesn't want the liability, and from what I've read they're in good company across the state.

BALL IS IN FISCAL COURT. Brumley has requested to have his bond considered by Nelson Fiscal Court, and if he is on the agenda, his request will be heard next Tuesday. With the county's known stance of not wanting constables, just how this issue will be addressed will be worth watching.