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Audit flags $2.55 million shortfall in excess fees; clerk says steps taken and seeks AG opinion on credit card recommendation

Audit Committee Meetings · December 10, 2025
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Summary

A follow‑up audit of the Circuit Court Clerk’s office found approximately $2,550,000 in excess fees were not remitted to Metro for Jan. 2023–Dec. 2024 due to calculation and reconciliation issues; auditors also raised risks tied to a clerk‑controlled credit card. Clerk Day said he has remitted the amount to Finance, disputed some elements citing a 1986 declaratory judgment, and has sought an Attorney General opinion on the Metro‑card recommendation.

A follow‑up audit presented to the Audit Committee found significant reconciling issues in the Circuit Court Clerk’s office that resulted in an approximately $2.55 million shortfall in excess fees owed to Metro for the period Jan. 2023–Dec. 2024.

Auditors said the office’s practice of remitting an agreed‑upon budgeted amount without a month‑by‑month true up meant Metro likely did not receive the full excess fees calculated under state statute. “We recalculated using bank statements and accounting records and found approximately $2,550,000 was underpaid to Metro,” auditor Jeremy Waldorf told the committee.

State law requires excess‑fee calculations and periodic remittances; auditors recommended the clerk’s office implement a transparent calculation process, reconcile with…

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