Debate continues on whether to outsource Collier clerk of courts employees

Could Collier County commissioners outsource services currently provided by Clerk of Courts Dwight Brock?

The issue may have been discussed somewhere because Commissioner Frank Halas brought it up as an option after another tussle between the two agencies this week.

While commissioners were expecting a budget presentation by Brock’s finance officer Crystal Kinzel, she said that her agency hadn’t, specifically, been asked to make a presentation at Tuesday’s workshop.

After years of litigation – and a legislative amendment – that affects how a Clerk of Courts relates to a County Commission, Brock’s staff is working on an interlocal agreement with lawyers in County Attorney Jeff Klatzkow’s office.

The long-standing debate had been about who has final say in spending interest on money a clerk invests on behalf of the county. That is, investment earnings in excess of what the county needs to operate.

In addition to the functions performed for county courts, the clerk is Collier’s official record-keeper, including county commission minutes, official land records, foreclosures, zoning maps, tax deeds, an assortment of fees and marriage licenses.

Kinzel went before commissioners asking for a $6.1 million appropriation to cover the functions the clerk performs for the board.

“That’s a 10.8 percent reduction from last year’s budget. We implemented a hiring freeze in 2008 and 2009 for a total of 47 positions in two years,” Kinzel said.

But County Manager Jim Mudd told commissioners that county staffers aren’t even close to an interlocal agreement.

Mudd said he’s still trying to figure out a cost benefit for the tasks Kinzel and her staff perform for the county.

“There is a benefit to the Board of County Commissioners. I just don’t know how much it’s worth,” Mudd said. The only way he can figure on determining fair value would be to go out into the marketplace with a request for proposals, he said.

“This is not to privatize...just to see what (their service) is worth,” Mudd said.

Brock and commissioners have been arguing over interest fees – and their use – for years.

Mudd pointed out that he has not yet received interest money from Brock, and that will affect commission reserves.

“It’s important to get an interlocal agreement done,” Mudd said.

According to Mudd, Deputy County Manager Leo Ochs received budget information from Brock’s office the day before the hearing.

There was no way county employees could analyze the document, and will have to work on it over the summer, Mudd said.

Kinzel told commissioners that they had been provided with a department-by-department breakdown on function fees, but that they will be outlined in a detailed budget book that will be sent to county employees.

“I’m going to say that this budget doesn’t have $6.1 million for the clerk. It doesn’t have $5.1 million for the clerk,” Mudd said.

Coletta expressed his doubts that Brock and county officials would ever see eye-to-eye.

Kinzel thought otherwise.

“Regardless of whether he’s a budget officer or a fee officer, I’m very confident that we should be able to get through this,” Kinzel said.

Klatzkow told commissioners they will get a resolution “whether it’s involuntary or voluntary.”

Mudd said an agreement must be in place for the commission’s July 28 meeting.

Commissioner Frank Halas said that the budget book should have been before commission before budget hearings started Monday.

“I think the county manager needs to go out and see what (clerk services) cost on the outside,” Halas said. “This budget you submitted doesn’t tell us anything. I’m tired of playing this game.”

Brock walked over to commission chambers during a break, and told commissioners that he’d asked his staff to pull together information “that I understood Mr. Mudd wanted...on or about June 16,” Brock said.

“I discovered yesterday morning that that information wasn’t sent,” Brock said Tuesday. “We all make mistakes. I will take responsibility for (the delay) but it was purely human error.”

“The clerk’s office is an open book. If you have any questions, let me know and we will be more than happy to explain. One way or another, we’re gonna get through this,” Brock said.

Halas didn’t see it that way.

“I’ve asked, on a couple of occasions, for documentation on expenses,” Halas said. “And, basically, what I got from your office was a lot of receipts that didn’t make any sense....I’m looking forward to getting that book.”

“I’m hoping we can work out a good interlocal agreement so we don’t have to go outside and privatize this,” Halas said.

Commissioner Tom Henning asked the rest of the commission to try to get past this dispute and start over on a positive note.

“From time to time I call Dwight Brock and say ‘Can you give me some information?’ and you always provided it for me,” Henning said. “And I just think if others try that, you’ll find that it’s not that difficult.”

Earlier this year, Brock announced that all of his employees took a 3 percent pay cut, and overtime pay was eliminated. Additionally, every employee in his agency is required to take one unpaid furlough day each month.

Collier Commission considered a similar furlough program for county employees, but backed away from it Tuesday afternoon.