By JIM BROOKS
Nelson County Gazette

Tuesday, Feb. 6, 2007, 9 p.m. -- Duly-elected constable Kevin Brumley had his day in Nelson Fiscal Court today in hopes he would wind up with the county approval of his bond and allow him to begin his official duties.

In the end, Fiscal Court turned away his proposed bond on the recommendation of Nelson County Attorney John Kelley, who cited a number of problems he found when reviewing the bond forms.

In an unsigned Jan. 31 memo to Nelson County Judge-Executive Dean Watts and the Nelson Fiscal Court, Kelley recommended the court reject Brumley's proposed bond.

Brumley's proposed that his $1 million bond come from three sources: his wife Madge Brumley; his father, Rudell Brumley; and Bardstown businessman Jack Hurst.

NOT A COMMON REQUEST. Kelley notes in the memo that having individuals provide surety for a performance bond is an unusual situation."To the best of my knowledge, all other constitutional officers in Nelson County that are required to post a bond all have provided a surety backed by an insurance company," Kelley wrote in the memo. "Mr. Brumley is now proposing that we accept three different individuals as sureties on his bond."

Among the flaws Kelley notes he found in Brumley's bond:

• The three affiants failed to fill out individual Affidavit of Surety forms for the amount each was guaranteeing;
• The affidavit fails to list the real estate and personal property owned by each person offering it as surety;
• The forms also do not list mortgages or liens against the properties being offered as surety, and;
• Hurst and Madge Brumley's signatures are in the wrong places on the bond form.

ADDITIONAL INFORMATION REQUIRED. Kelley's memo also states that if individuals wish to provide surety for Brumley's bond they will be required to file their financial statements with the court in front of a notary.

Kelley's memo also suggests Fiscal Court county may wish to consider placing a lien on any property it accepts to secure a bond, and also notes that in probate cases, courts often require individuals who provide surety to have a net worth of at least twice the amount of the bond.

BACKGROUND. The office of constable was added to the state constitution in 1850. The necessity of having a constable in each magistrate's district was ended with the judicial reforms in the 1970s. The constable's office is a carryover from the old judicial system -- something that should be amended by the General Assembly some contend.

The state constitution requires a number of office holders to be bonded, including the county clerk, constable and sheriff. KRS 70.310 states that a constable's bond will be at least $10,000 with "good sureties as approved by the fiscal court."

In an effort to discourage candidates from filing for the office of constable -- and to prevent any who were elected from taking office, Nelson County followed the lead of other counties by establishing a bond requirement that was higher than the constitutional minimum.

The county had established the constable's bond as $20,000 cash only. Brumley contested that bond requirement and won -- Nelson Circuit Court found that the cash bond wasn't proper. Nelson Fiscal Court then raised the bond to $1 million. Brumley contested the high bond, but failed to have it changed or overturned.

County governments in some areas take a dim view of constables, who have full police powers and are not required to have law enforcement training. A Jefferson County constable came under fire recently after it was learned he had appointed several deputies and had been writing citations and conducting other police activity. The Louisville Metro Council is considering ordinances that would limit constables powers in Jefferson County.