County issues ultimatum to clerk of court over space dispute at courthouse

The sheriff wants more space for his operations at the courthouse. The clerk says he can't afford to cede any more space.


The Government Services Building, as seen from the steps of the Kim C. Hammond Justice Center. (File photo by Brian McMillan)
The Government Services Building, as seen from the steps of the Kim C. Hammond Justice Center. (File photo by Brian McMillan)
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Flagler County has formally notified Clerk of Court Tom Bexley that the county will start preparing for legal action against him if he does not agree, by the end of the business day on Friday, July 19, to have a study conducted — and to abide by its results — on the allocation of space at the county courthouse between his office and the Flagler County Sheriff's Office.

The Flagler County Commission had voted at a commission meeting July 15 to have County Administrator Jerry Cameron sent Bexley a letter to that effect.

Cameron sent the letter July 17.

"It is the opinion of the BCC and County Administration that, while creating additional inconveniences to your operation, the accommodation of the Sheriff's minimal functional needs can be achieved without unduly impacting the efficient operations of the Clerk's office," Cameron wrote. "Please consider that any alternative to a mutually agreeable resolution will result in a substantial expense, which will ultimately be borne by the taxpayers we serve. ... I ask that you doubt a little of your own infallibility in your opinion that no further accommodation can be accomplished, and join with the BCC, County Administration, and the Sheriff's Department in forging a long overdue solution to this crisis." (Read the full letter HERE.)

The FCSO's staff was evacuated from the agency's Operations Center building on State Road 100 in June 2018 because of mold issues, and has since been divided between the Kim C. Hammon Justice Center and the jail administrative building while new facilities are built. A new building for the FCSO is expected to be completed in about two years.

But Sheriff Rick Staly has requested more space, saying his staff is so cramped that it's'affecting their work, while Bexley has said the FCSO's presence already impedes the Clerk of Courts operations already and would cause further disruption if expanded. The county government is statutorily required to provide space for both constitutional officers' operations.

Cameron's July 17 letter includes, as its fourth page, a table created by county Special Projects Coordinator Michael Esposito analyzing the allocation of square feet per employee in the courthouse versus the Government Services Building, which houses the county's and the school district's administrative offices.

With all of the employees — including FCSO employees — currently assigned to the courthouse, Cameron wrote, the courthouse building has a ratio of 1,041 square feet per employee. Without the FCSO employees, it would have 2,236 square feet per employee. In contrast, Cameron wrote, the ratio at the Government Services Building is 591 square feet per employee.

The calculation of square footage at the courthouse included all floors of the courthouse, two of which — the third and fourth — are partially taken up by courtrooms. 

"While this is not an authoritative or determinative study, the disparity in the numbers provide a valuable perspective that plainly suggests the need for further work in looking at a proactive reallocation of space that addresses the challenges we face today," Cameron wrote. "As you are aware, I've been instructed to inform the Clerk's Office that the BCC, in light of the exigent circumstances, would like a response by the end of the business day this Friday. In the event that the proposed space analysis is unacceptable, or there is no response by the end of this week, the BCC has instructed the County Attorney to begin the proceedings for a legal resolution. For the sake of all concerned, I hope that can be avoided. I hope we can move past this and strengthen the relationship between our offices; we're better together."

 

 

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