Clerk of Court candidates respond to Alphonse column

The following are the responses submitted by the three Clerk of Court candidates in response to the Alphonse column on September 22:

Connie Desselle- In response to Alphonse's questions regarding the Clerk of Court's Office, I would like to take this opportunity to let the public know the answers to these questions.

1. What does a clerk of court do?

The Clerk of Court is the official recorder and custodian of all documents filed with the District Court, including all areas of jurisdiction: civil, criminal, juvenile, etc. Also, we record every document of any kind filed in the record of each suit and in criminal, juvenile and adoption proceedings also being required to maintain strict confidentiality of most juvenile and all adoption related matters. We also record all conveyance and mortgage documents, which means basically anything to do with real estate, along with successions, marriage licenses and the like. There are other sundry things such as plats of survey and many other documents we record regularly. These documents are being filed every work day of the year. The preservation and accessibility of these records are vitally important to the people of the parish.

The Clerk is the official Elections officer. We handle all election matters from the beginning of qualifying candidates, schooling and testing commissioners, selecting commissioners, reporting to Secretary of State on timely issues, provide candidates with correspondence throughout the election season, test voting equipment with the Secretary of State to be ready for election day, seal and open voting machines at the warehouse and early voting machines with the Board of Election Supervisors, the Registrar and State employees; work the day of election from 5 am until the end of the night answering calls regarding any election questions and reporting and submitting all returns from each precinct to the Secretary of State after the polls close at 8 pm and results are brought to the Clerk's office for processing. Also, the clerk is responsible if needed to go to any of the 26 polling places for certain matters when necessary. After Elections until the Tuesday after a Saturday Election we are still reporting to the Secretary of State reports and backups of the Election. It is a very important job and requires a competent and experienced staff to handle all aspects of the process.

2. Why does a clerk need a taxpayer-bought vehicle?

First, the Clerk does not operate using taxpayer funds. We are required to generate all of the funds needed to run our office. For all intents and purposes, the Clerk of Court is personally responsible that enough funds are generated and that all costs of operation are paid. We cannot run on a deficit! The Legislature has consistently refused to designate any Clerk of Court as an arm of the State, and thus we are responsible for any "errors or omissions" in our office. We must also "pay our own way". We get most of our funds from court costs paid by litigants and recording fees which are set by state statue, not by the Clerk. There are may voluminous and time-consuming things we are required to file and maintain at no charge. A car for the office is allowed by law (La. Revised Statute 13:783), or alternatively the clerk is entitled to a travel allowance. Other entities are also entitled to a vehicle or allowance. Several matters require travel including covering 26 polling places on each of the many election dates we have, conducting training for precinct commissioners for 49 precincts, attending 50 hours of continuing education classes, Clerk's Association and Secretary of State meetings that are held throughout the State. We must also go out and purchase all of our own office supplies for our office. The alternative would be the cumbersome and time-consuming task of accounting for and paying the clerk and deputies a mileage rate for all work-related travel. This is what the Clerk's office vehicle is used for.

3. Why does the clerk have a $1 million surplus?

Simply put, the sum of what it costs to operate the Clerk's office for about 6 months is approximately on average $750,000.00. Our records are extremely valuable to practically everyone who resides in or does business within the parish and necessary for the orderly conduct of all court-related and juvenile matters, and all real estate filings. There are many reasons to maintain a surplus including the possible occurrence of a catastrophic event, which may be anything from terrorist related, to fire and other natural disasters, and things such as an attack or the electrical grid or the internet. Several years ago Clerk, Sammy Couvillon established a rule that we should try to maintain at least a 6 months surplus in reserve. We are self funded and with the expectations of low income for a few years could definitely impact our budget. We intend to keep that rule of the 6 months reserve wherever possible. This is a very good business practice!

4. What will the clerk do with that large surplus?

We will continue to upgrade the Clerk of Court's office in every capacity needed with technological equipment to better serve you the PUBLIC! And preserve our records for you the PUBLIC including maintaining records previously filed with a professional records back-up company at another location. We will maintain it on interest and hope no catastrophic event occurs, but we will be as prepared as possible!

5. Why does the clerk need 2 buildings for storage?

We are not allowed to destroy records! They simply keep coming in daily. The space in our office eventually runs out. These records require space in a properly heated and cooled building. Incidentally, these buildings are not bought, paid for or maintained at taxpayer expense. The required funds are also generated solely by the clerk's office in the form of costs charged to those who use our services. We have a lot of history at the Clerk of Court's office dating back to the 1800's. One very important civil case for example, is the case of Solomon Northup, the free man and victim in the true story "Twelve Years a Slave"

We certainly want the public to know what the Clerk of Court's office does and for everyone to know our business is public service. We will continue to do our absolute best to keep your records safe and secure and provide the services you need that is available to you!

Sincerely,
Connie Desselle, Clerk of Court

Chris Dupuy- Dear Alphonse,
Here are the duties of the Clerk of Court, and the answers to your questions as requested.
1. In Louisiana the Clerk of Court performs the functions of more than one office. He is the Clerk of Court, Recorder of Deeds and Mortgages, Jury Commissioner, Chief Election Official and Custodian of the voting machines.
2. The Clerk’s Office receives and files all pleadings, such as petitions, answers and exceptions in civil matters, as well as indictments, bills of information and other filings in criminal matters. The Clerk’s office also handles all special juvenile matters and criminal neglect cases.
3. As the Recorder, the office receives, files, records, and indexes all mortgages, conveyances, and all other instruments recorded in the public records for the parish. Another function is the issuance of marriage licenses and recording the returns thereof after the celebration of the marriage ceremony.
4. The Clerk of Court also performs the function of election official and custodian of the voting machines. He is to deliver the voting machines to the precincts. Other duties include notifying all Commissioners and Deputy Parish Custodians of their duties and responsibilities on election day. He is required by law to open each voting machine used in an election, record the number of votes, reseal the machines and report totals to the Board of Election Supervisors, who are present for the process. Elections are conducted locally, regionally, statewide and nationally under the supervision of the La. Department of Elections and Louisiana Secretary of State. Local candidates qualify at the Clerk’s office in accordance with the schedules and regulations provided by law. Election results are consolidated compiled, and transmitted by the Clerk to the Secretary of State on election night.
5. The Clerk of Court also serves as member of the Jury Commission of each parish and the duty of the commissions is to draw grand Jjries and civil/petit juries as required by the court.
All salaries and running expenses of the Clerk’s office are paid out of fees, as fixed by statute, collected for recording, certified copies, and services rendered in connection with all proceedings. Taxpayer’s dollars are not used for operation of the office.
The office has a surplus of $1 million at the present time because the parish attracted many companies who were interested in securing oil leases a few years ago. This seems to be a once in a lifetime event for the parish and the money collected in fees should be protected and used wisely over time, as interest from oil companies may not happen again for years.
It is my belief that the Clerk of Court should use their personal vehicle for transportation and not accept a vehicle allowance. If elected, I pledge not to accept the vehicle allowance. I will drive my own vehicle as needed for any Clerk of Court business. It will save money, desperately needed for courthouse maintenance, which is where I will put the money. I was the first candidate for Clerk of Court to call for allowing cell phones in the courthouse and I am the only candidate that pledges to forgo the vehicle allowance.
The Clerk of Court does need extra space for storage, as our records, go back many, many years. Each year more documents are recorded and filed, the storage needs increase along with the documents. It is imperative that these documents be kept safe in a climate controlled environment as safekeeping of all our documents and the history recorded there are a chief duty of the Clerk of Court.
By the way, Alphonse, I did not “hurt my leg.” I had a hip replacement on Sept. 5, that medically could not wait until the election, therefore I was physically unable to go door to door as much as I wanted. As a nine time Parish Coach of the Year, there were many times I was down a few points with the end of the game in site, but I did not give up, and pulled out a win, so don’t count me out.
Sincerely,
Chris Dupuy
Candidate for Clerk of Court

Alissa Piazza Tassin- Hello,
                I am writing in response to the recent requests for information regarding the roles, responsibilities, duties, and authorities of the Clerk of Court.
                The legal answers, in full, can be found in the legal authorities cited in this response. The Clerk of Court is the “chief election officer of the parish.” LSA R.S. 18:422. The Clerk of Court is also “the legal custodian” of public records and is cast with the responsibility of “safekeeping and preservation” of the public’s records. LSA C.C.P. Art. 251. The Clerk of Court “shall permit any person to examine, copy, photograph, or make a memorandum of any of these records at any time during which the clerk’s office is required by law to be open.” LSA C.C.P. Art. 251 (A).
I appreciate this to mean that the people of the parish should benefit from the duties associated with the Clerk of Court. The Clerk of Court is not the benefactor of the Clerk’s office. Elections and commissioner selections should run smoothly and be fairly conducted.  Any unreasonable filing fees, restrictions, and/or any policies prohibiting the copying, inspection, or review of the public’s records should be compliant with the letter and spirit of the law.
                The lawfully defined and required functions of a Clerk of Court are very important and should be considered when electing a Clerk of Court. Inadequate performance of these functions could result in litigation that would be a costly burden on the people of Avoyelles. Filing fees are only a portion of the funding used by the Clerk of Court to maintain operations.
The Police Jury, at the request of the Clerk, “shall provide all necessary office furniture, equipment, and record books.” LSA R.S. 13:784. However, the Clerk may pay for these things out of any surplus. LSA R.S. 13:784. Therefore, the costs of the Clerk may be offset by the filing fees received; however, if the Clerk of Court is not a prudent fiduciary it could impact other public bodies such as the Police Jury (who receives and operates on tax dollars). There are many laws that expand upon the regulation of the funds generated by the Clerk of Court; all indicate how the management of the Clerk’s funds can impact the Parish as a whole.
                The Clerk of Court has the authority and discretion of setting filing fees within the confines of the law. For instance, civil fees are established as an initialization fee of no less that twenty dollars ($20). LSA R.S. 13:841. The law thereafter specifies fees associated with service and other surcharges.
                This is a brief synopsis of some of the many legalities associated with the Clerk’s office. The Clerk of Court is an elected position because the people of the Parish have the ultimate right to decide who will perform the Clerk of Court’s functions in a manner which they believe best serves a public purpose.
I pledge to the people of Avoyelles that my goal as the next Clerk of Court will be to make the people of this Parish the benefactors of the Clerk’s office again. I will evaluate every law, policy, and procedure in the Clerk’s Office to be certain it is meeting the needs of Avoyelles and is compliant with the law. I will utilize my education and experience in a manner that promotes public understanding of the Clerk’s functions. I want to develop a self-help area, or Resource Center, for people to find information on a variety of issues. I intend to make it easier for new businesses to develop with simple and inexpensive remedies that will be available in the Clerk’s office. I have many other plans that will promote a public purpose.
I would love to discuss these important issues further and I would like to invite the public to attend any of my campaign functions coming up before the election. All events are posted on the door of Campaign Headquarters, located at 317 North Main Street in Marksville. Please check out our Facebook page for more information as well, it is: Alissa Piazza Tassin for Avoyelles Clerk of Court.
Sincerely,
Alissa Piazza Tassin, #76
Candidate for Avoyelles Clerk of Court