Controversy over magistrates’ training hours investigated; all found to be in order By KAREN KENNEDY At the September Fiscal Court meeting, the training hours completed by some of our magistrates was questioned by a Meade County citizen in attendance at the meeting as well as Magistrates Callecod and Padgett. Discussed at the meeting was whether three of the magistrates had actually been present for all of the recent training hours they claimed to have completed, even though these magistrates had filled out attendance sheets verifying their completion of the training and submitted them to the state. The training hours in question are part of the “Elected County Officials Training Program,” which is open to magistrates, commissioners, judge executives, sheriffs, jailers, and county clerks. Participation in the program is not mandatory; however, participants must earn 40 hours for a calendar year in order to receive economic compensation. If a participant completes more than 40 hours in one calendar year, he may carry those hours over to the following year. Back in 2005, when the Messenger ran an article about this incentive training program, annual compensation for the first year the county official participated in the program was about $800 per year. If the elected official completes another 40 hours in year two of his term, the amount received doubles. That initial $800 is then tripled in the third year and quadrupled in the fourth year, with everything going back to “square one” if the official happens to be re-elected to another term. By example, an elected county official would earn $800 for the first 40 hours, $1,600 for the second 40 hours, $2,400 for the third 40 hours, and $3,200 for the fourth 40 hours, making the potential, total amount of training compensation received during the four-year term $8,000. Because the validity of the attendance sheets submitted by magistrates Herbie Chism, Harold Davidson, and Jamie Staples was questioned, this reporter contacted Richard Ornstein, attorney for the Department of Local Government located in Frankfort. Ornstein stated he’d been contacted by various Meade County officials concerning this issue and had either received letters or spoken on the phone with Judge executive Bill Haynes and Magistrates Chism and Staples. Ornstein said Haynes verified Chism and Staples had attended the training hours indicated on their attendance forms. County Attorney Darren Sipes also contacted Ornstein, noting any involvement on his part would be a conflict of interest since he represents Fiscal Court. Magistrate Harold Davidson attended the first day of training but not the next two days as he’d intended because his grandsons became ill and he had to return home to help care for them. Prior to the training session, Davidson had filled out his attendance sheet indicating he’d attended three days of training, since that’s what he had set out to do. Ornstein said when Davidson realized it, he fixed his sheet without any question or argument. Ornstein also noted this is not the first time something like this has occurred. As this reporter discovered, any controversy concerning Davidson’s training hours is a moot point because even though Kentucky Revised Statutes entitles him to training payment, Davidson doesn’t accept the incentive pay offered to him for this training. When asked why he doesn’t accept the money, Davidson offered, “I don’t take the money because I feel like from a personal standpoint that it might make it look like I do the training for the incentive pay – that the only reason is for the extra money.” This is simply his personal choice, said Davidson, and he made it clear he certainly has no problem with other elected county officials taking the money since KRS says they are indeed entitled to it. Davidson also mentioned that when he attended the training in question, he had already earned his 40 hours for the year due to carryover from the previous fiscal year. Attorney Ornstein said he felt satisfied with all the answers and documentation received from all three magistrates, that he had no reason to suspect any wrongdoing on the part of any of Meade County’s public officials, and that all was as they said it was. “It appears the original allegations weren’t correct,” stated Ornstein. Ornstein also noted that the training offered is patterned after that of the Kentucky Bar Association and that because a huge number of people may attend training sessions, the filling out of one’s attendance sheet is basically done within the “honor system.” Richard Tanner, executive director of Kentucky Magistrates and Commissioners Association, was also contacted for his comments. Tanner spoke about the virtues of Kentucky’s training program for county elected officials. “We have one of the best – if not the best – training program in the nation. Kentucky has the ability to have the most qualified individuals. The more knowledgeable they are, the more efficiently they can do their jobs.” As far as the training hours dispute, Tanner noted that occasionally officials do have to leave the training as a result of family or other emergencies. Also, sometimes officials will share rides to the training and if an emergency arises they all have to leave together. Because of these things, he said, it’s common for forms to be corrected, and this is not the first time this has happened. “I’m not saying people don’t make mistakes or that they can’t forget to correct,” said Tanner. “However, we’ve found people to be honorable.”
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