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County clerk responds to library building controversy

By JIM BROOKS
Nelson County Gazette

Tuesday, Jan. 27, 2009, 1:30 p.m. -- Nelson County Clerk Phyllis Mattingly took time today to appear on "The Brooks & Ken Show" on WBRT-AM 1320 to respond to critcism aimed at her

“The insinuation that I am responsible for wasting taxpayers' money really took me by surprise.” 
-- Phyllis Mattingly
Nelson County Clerk

decision not to move some records into the former Nelson County Public Library building on Court Square.

Mattingly said she was surprised by the tone of the story that appeared in the Kentucky Standard. In that story, Magistrates Bernard Ice, Jerry Hahn and Tim Hutchins were critical of her change of heart. Hutchins suggested the county should force the clerk's office to use the building. "We were deceived," he told The Kentucky Standard.

Mattingly told WBRT listeners she never asked the county to purchase the building. Her offices and its records have always been cramped for space, and she said that she welcomed any opportunity that would have given her more room.

But under closer examination of the building, Mattingly said it was not suitable for her purposes. Mattingly said she was told the second floor of the building wouldn't support the heavy loads that all of her records would require. The basement is damp, and also unsuitable for record storage. The main floor of the building is open, and lacked sufficient office space.

Mattingly offered this statement that she brought with her to WBRT studios Tuesday morning:

“I would like to take this opportunity to respond to a recent article in the Kentucky Standard. It was never my intention to deceive anyone. I would like to make the citizens of Nelson County aware of my position.

It is true that for years, going back through several administrations, I had expressed concern about our lack of space and room for growth in the County Annex Building. Our auto registration, voter registration and bookkeeping facilities obtained some relief when the Judge and Fiscal Court moved to the Old Courthouse, but the real estate (Deeds, mortgages, plats, etc), Wills, chattels and old records located in the basement did not.
The article in the Kentucky Standard stated that 1 had asked the Court to purchase the Old Library building. This simply is not true. The first I knew of their intention was when one of the magistrates confided to me in private that the Court was considering this purchase.

After the building was purchased I was told that it would be "The County Clerk's Building".    Only later was I told that the records now occupying the basement of the annex building were the only records that would be moved. Everything else would stay at the annex.  I immediately began to express concern about this set up. As clerk, I have to oversee all services.

I have been told that Jefferson County has multiple offices for the different services. This is true, but this isn't Jefferson County. We have only a fraction of the employees, and sometimes our employees have to perform more than one service. I am and have always been a "hands on" Clerk.   This is still a rural county.   The citizens of Nelson County know me personally, and frequently call or come by in person and ask for me by name when they have a question or a problem. I think this personal attention has been representative of my years as clerk.

As this county has grown, only the County Clerk has been asked to administer her duties from two separate buildings. The Circuit Clerk, the Sheriff, the County Attorney, the Property Valuation Administrator, the Jailer, all have their operations housed in a single building.

As Clerk I am responsible for all aspects of the Clerk's duties.   Every service we perform is subject to a number of Kentucky laws and statutes.   And not everything is black or white. Sometimes documents are presented for recording or licensing documents are presented to our office that are different from the norm. Some are from other states, and the forms are so different that my employees are unsure if Kentucky's requirements are being met. Since the County Clerk is the responsible party, I have to be available to make the final decision.

The Bookkeeping aspect of a split office is another concern. Our reports reflect the entire operation.    Someone would have to be taking money and information back and forth between the offices. This raises questions of safety. Several people have already been hit by cars in the crosswalks around Court Square.

It is my understanding that any records that were moved would all be lodged in one large, open area on the main floor. This was another concern of mine, as the old records would be so exposed. Another consideration is that the title examiners need an atmosphere where they can work, apart from the genealogists and the public recording area. The clerks need a private office to check out and count the money and to read back the information on the recorded instruments after the initial indexing is entered.

The insinuation that I am responsible for wasting taxpayers' money really took me by surprise.   My staff and I have been so conservative in the operation of our office and so mindful of the taxpayers' funds. The County Clerk's Office pays all of its' own salaries and operating expenses, and forwards a portion of all fees collected to the Commonwealth of Kentucky.   Even so, every year we turn back significant excess fees to the Fiscal Court. In January 2008, we returned in excess of $458,000.00 from 2007 fees. Because of the economy, our fees for 2008 were down somewhat, but we still returned over $368,000.”
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