WEBSTER COUNTY BOARD OF COMMISSIONERS July 17 2018

The Webster County Board of Commissioners met at 8:30am on Tuesday, July 17, 2018, for a regular business meeting at the Courthouse in Red Cloud. The following Board Members were present for roll call: Dan Shipman (District One), Trevor Karr (District Two), Roger Bohrer (District Three), Keith Buschow (District Four) and JoAnn Reiher (District Five). The Board stood and recited the Pledge of Allegiance to the Flag. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws. Motion was made by Shipman, second by Reiher, to approve the minutes of the July 3, 2018 meeting. Upon roll call vote, voting to approve the minutes: Shipman, Reiher, Karr, Bohrer and Buschow. Voting no, absent or abstaining: none.
At 8:35am, Jeff Kuhn, Road Maintenance Coordinator, met with the Board. The Road Crews had the roads in good shape for wheat harvest. The crews have been working on cleaning weeds from the sides of county roads. It is time for the rural residents to mow their ditches. Commissioner Shipman commented that the trees need trimmed at Road F and 1900 Road. The crews have been collecting used oil. Project 618 is near completion. The final walk thru for Projects 357 & 637 will be on July 18, 2018. A Bridge #1806 has been replaced by a culvert at Road 800 and Road U. Work has been done on the Bridge #2212 east of Bladen. Kucera Construction will begin work on Projects 629 and 630. Kuhn presented the Annual Certification for the funds received by Webster County thru the Highway Street Buyback Program (STP) and the Highway Bridge Buyback Program (HBP). Discussion was had concerning the low water crossing north of the Diversion Dam.
Discussion was had on selling a van for Webster County Transportation, desks and other furniture on Big Iron. Discussion was had on equipment purchases for the 2020/2021 Budget year. The Road Department has been cleaning up projects and completing the One Year Plan. The Road Department got a big Thank you for preparing the entrance for the tank float.
Janet Knehans, Webster County Treasurer, reported to the Board that the County will receive $38,887.88 for the name plate capacity tax for the wind turbines in 2018. Starting in April, 2019, the County will be receiving $313,102.00 annually for the name plate capacity tax to be divided up between the districts in the County with the County General receiving $59,035.74.
At 9:30am, Tami Scheuneman, Webster County Zoning Administrator, presented the Sound Level Compliance Evaluation Report for the Cottonwood Wind Project. The report shows that the sound pressure levels meet the Webster County sound level limit. Commissioner Buschow reported that he had spoken with the City of Red Cloud about the zoning of the Courthouse building. He was told that commercial buildings can be in a residential zone.
At 10:00am, Mary Delka, Director of Webster County Senior Services and Webster County Transportation, presented an Agreement between Webster County and the State of Nebraska Department of Transportation for the purchase of a seven passenger Dodge Caravan Minivan. Motion was made by Shipman, seconded by Reiher, to sign the Agreement. Upon roll call vote, voting in favor: Shipman, Reiher, Karr, Bohrer and Buschow. Voting no, absent or abstaining: none.
The Webster County Senior Services and Transportation has moved to a new location at 309 N. Webster in Red Cloud. Meals are still available in the Red Cloud area by ordering a meal one business day ahead to be delivered to your home or eaten at the 309 N. Webster location or by using a voucher at Fat Fox’s.
 At 10:08am, the Board recessed for a break. The Board reconvened at 10:25am with all members present. During open forum, Audrey Berns addressed the Board with a concern that a tornado warning was issued on June 19 and the wind turbines on the west end of the project did not turn off. Her concern was that Nextera was not in compliance by not turning off the turbines. Berns also asked about the progression of the Cottonwood II (Little Blue Project). The Board assured her that nothing has been filed concerning this project. Berns inquired about the audit of the Primary Election.
 Steph Hamel presented to the Board a report of the noise levels of the turbines at her house that she has recorded.
 At 10:35am, discussion was had concerning the preparation of the 2018/2019 Budget. At 11:20am, Sara Bockstadter, Webster County Attorney, Dustin Gay, Energized Electric and Paul Krieger, Krieger Electric, met with the Board. On July 3, 2018, the three entities had signed an Agreement for the HVAC Installation at the Courthouse. Attorney Bockstadter presented a Mutual Rescission of Contract to rescind that Contract. After discussion, motion was made by Shipman, seconded by Bohrer, to approve the Mutual Rescission of Contract. Upon roll call vote, voting in favor: Shipman, Bohrer, Reiher, Karr and Buschow. Voting no, absent or abstaining: none. All parties signed the Agreement. Bockstadter presented a revised HVAC Installation Agreement. After discussion, motion was made by Reiher, seconded by Bohrer, to approve this Agreement. Upon roll call vote, voting in favor: Reiher, Bohrer, Shipman, Karr and Buschow. Voting no, absent or abstaining: none. All parties signed the Agreement.
The following claims were approved for payment:
Wages for 45 Salaried Employees $126,435.50.
 General Fund
Ameritas Life Insurance Corp Retire $ 5,975.56
Black Hills Energy Utility 266.27
Blue Cross/Blue Shield Health/Life 22,704.50
 Blue Hill Leader Publish/Subscriptions 886.61
Boarders Inn & Suites Lodging 202.30
Comdata Universal MasterCard Fuel 52.44
Cooperative Producers, Inc Fuel 2,087.60
Dunmire, Fisher, Hastings & Pauley Counsel 11.50
 S.S. Fica 6,297.07
 Eakes Office Solutions Supplies 1,314.75
 First Concord Benefits Health 559.50
First Concord Benefits Group Fee 22.50
First Concord Benefits Group Fees 234.00
Franklin County Memorial Hospital Medical 408.00
 Furnas Co Sheriff’s Office Fees 37.30
 GIS Workshop Software 5,440.00
Great Plains Communications Phones 774.74
 John V Hodge Counsel 1,957.68
 Hometown Leasing Lease Pmts 1,548.00
 Hometown Market Supplies 1,596.65
J & A Auto Supply Supplies 555.32
 Jack’s Cleaning 1,500.00 JDS Support 2,200.00
 JEO Consulting Group Fees 643.75
Kenny’s Lumber & Home Center Repairs 159.21
 Janet Knehans Expense 104.64
 Lieske Law Firm Counsel 63.50
Madison National Life Ins Co, Inc Life 18.90
 Mailfinance Postage 303.00
Midland Area Agency on Aging Handibus 1,908.10
Mips, Inc Support 2,219.97
Nebraska Tech & Telecom, Inc Phones 202.20
 Postmaster Box Rent 62.00
Red Cloud Chief Publish 2,622.11
Region 3 Behavioral Health Services Funding 2,248.26
 Sam’s Club Equip 588.08
 Edward Schurman Repairs 162.90
Self-Insured Dental Fund Premiums 2,770.00
Skalka & Baack Law Firm Counsel 2,147.90
South Central Pub Power Dist Utility 27.43
USDA, Aphis, Wildlife Services Funding 1,497.03
 Road/Bridge Fund
Ameritas Life Insurance Corp Retire 2,618.79
 Black Hills Energy Utility 46.83
 Bladen Sand & Gravel, Inc Gravel 12,743.44
 Village of Bladen Utility 55.98
Blue Cross/Blue Shield Health/Life 11,806.34
Cooperative Producers, Inc Fuel 3,007.87
Country Corner Fuel 138.26
 Diamond Lime, LLC Gravel 5,917.88
 S.S. Fica 2,907.46
Eakes Office Solutions Supplies 36.49
 Fastenal Repairs 363.40
First Concord Benefits Group Fees 15.00
 Great Plains Communications Phone 209.78
Jim’s OK Tires Repairs 394.00
 Kenny’s Lumber & Home Center Supplies 969.71
L & M Tire Repairs 14.00
 Mips, Inc Support 108.98
 Nebraska Tech & Telecom, Inc Phones 10.85
Nebraska Machinery Company Repairs 6,694.72
 Olson Enterprises, LLC Fuel/Repairs 10,995.58
Self-Insured Dental Fund Premiums 1,106.00
South Central Pub Power Dist Utility 139.06
Timm’s Service Fuel 3,421.12
Wiarcom, Inc Trackers 275.40
 Road/Bridge Const Fund
Diamond Lime, LLC Surfacing 40,496.44
Kenny’s Lumber & Home Center Rental 124.99
 Modern Records Fund 
Mips, Inc Support 103.00
 Self-Insured Dental Fund
Central Dental Group Dental 415.40
 Sean M Daly, D.D.S. Dental 220.60
 Mark Driscoll Dental 205.25 
 Noxious Weed Fund
Ameritas Life Insurance Corp Retire 152.19
 Blue Cross/Blue Shield Health/Life 908.18
 Cooperative Producers, Inc Fuel 246.60
 S.S. Fica 172.48
 Nebraska Tech & Telecom, Inc Phone 3.99
 Self-Insured Dental Fund Premium 111.00
 Ambulance Fund
Black Hills Energy Utility 36.39
Village of Campbell 911 Fee 210.00
Brad Frey Repairs 154.21
Great Plains Communications Phone 48.19
 Inst-A-Tech LLC Eqip 1,800.00
Kenny’s Lumber & Home Center Repairs 230.42
Matheson Tri-Gas, Inc Oxygen Rental 79.88
 Stryker Sales Corporation Supplies 18,324.84
Being no further business, Chairperson Buschow adjourned the meeting at 12:10p.m. The next regular meeting will be held on Tuesday, August 7, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us. Dated this 17th day of July, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk

Rape case thrown out

 Attorneys for a 56-year-old Myron C. Nichols of  Red Cloud who is accused of raping a teenager are asking a judge to throw out the case due to the recording of privileged telephone conversations at the Webster County Jail.

Attorneys Ben Murray and Don Theobald represent  Nichols in a Webster County District Court case alleging one count of first-degree sexual assault, one count of intentional child abuse and three counts of third-degree sexual assault.

By mutual agreement, the hearing Friday was heard at the Adams County District Court.

Murray filed a motion to dismiss the case April 2 after learning that protected phone conversations had been recorded by an automated system at the Webster County Jail in Red Cloud. Attorney-client privilege protects conversations between an attorney and a client are under the Sixth Amendment.

Murray asked District Judge Stephen Illingworth to dismiss the charges because the lead investigator in the case had possession of a compact disc containing recordings of three calls to Murray’s office  .He said those calls would have contained trial strategy about the defense’s case, which was scheduled to go before a jury in April. “The prosecution being in possession of these recordings is presumptively prejudicial,” Murray said.

Prosecuting attorneys in the case, George Welch with the Nebraska Attorney General’s Office and Webster County Attorney Sara Bockstadter, argue that the prosecution didn’t gain an unfair advantage from the recordings.

In his opening statement, Welch said the prosecution didn’t have knowledge of the recordings or the contents until notified by law enforcement six days before the trial was to start.“Nobody learned of any confidential communication because there was never any review of the recordings,” he said.

Webster County Sheriff Troy Schmitz testified Friday that about 60 phone conversations between Nichols and Murray’s office were recorded between the time Murray was appointed in June 2017 to help represent Nichols and the time Schmitz discovered the recordings in March 2018.

Schmitz explained that Webster County Jail inmates wishing to talk to an attorney usually request a cordless phone from jail staff. Conversations on this line are not recorded and the phone is made readily available to inmates unless the phone is in use. But Schmitz said inmates also have access to two phones in the day holding area of the jail. Calls on these phones are paid for using pre-paid phone cards, and conversations are recorded. At the beginning of each call, users on both ends of the line are notified that the conversation may be recorded.

During a visit Murray made to the jail, Schmitz realized it was possible that Nichols had been making phone calls to Murray over the recorded line. He asked Chief Deputy Sheriff Ron Sunday to check and found those conversations had been recorded.  Once the recordings were discovered, Schmitz said, Sunday notified the Webster County Attorney’s Office, who alerted Murray and Theobald.

Schmitz explained that a Texas company is contracted to provide the recording service and storage of the recordings. Phone numbers can be manually excluded from the recordings. Schmitz and Sunday are the only two with access to the computer system besides the contracting company.

Sunday testified that he handles the maintenance of the system for the Webster County Sheriff’s Office. He said each of the files is monitored and any access is noted in the system. He pulled up the list of recordings in the presence of attorneys in the case and found that three of the recorded conversations had been accessed.

Sunday said he had downloaded the recordings as part of a search request from Webster County Sheriff’s Sgt. Dianne Nichols. The three recordings were among 31 that Sunday downloaded to a CD for the deputy.

Sgt. Nichols testified that she had asked for a week’s worth of calls placed by Myron Nichols as part of an investigation into a witness tampering case. She said one of the alleged victims had received a threatening text message. She said she reviewed each of the calls during her investigation, but once she realized some of the calls were to an attorney, she forwarded the playback to the next call. She said that in two of the calls between Myron and Murray’s secretary, the secretary said Murray wasn’t in the office. On the third call, the secretary said Murray was in and said she would put him on the line. Dianne said she forwarded the recording before Murray got on the line.

Sgt. Nichols explained that she didn’t report that she had stumbled upon the recordings because she didn’t realize she should. “I knew I couldn’t listen to it, but I didn’t know I couldn’t have it,” she testified.

Illingworth took the case under advisement and gave each side two weeks to submit briefs with final arguments. Each side will have an additional two weeks to submit a rebuttal brief if desired.

According to the arrest affidavit, Myron Nichols is accused of sexually assaulting a girl in Red Cloud sometime between May and July 2013, when she was 16 or 17. The alleged victim told authorities that Myron provided alcohol and marijuana to herself and other children before carrying her to his room where he raped her.

First-degree sexual assault is a Class 1B felony punishable by 20 years to life in prison. Intentional child abuse is a Class 3A felony punishable by up to three years imprisonment and a $10,000 fine. Third-degree sexual assault is a Class 1 misdemeanor punishable by up to one year in jail and a $1,000 fine.

Rev. Elton H. Temme September 17, 1932 to July 1, 2018

Rev. Elton H. Temme, age 85, of Blue Hill, entered his heavenly home on July 1, 2018, at the Blue Hill Care Center. 
Elton Herbert Temme was born on Sept. 17, 1932,  near Barnes, Kansas, where his father was serving as pastor at St. Peter’s Lutheran Church. He attended Christian Day Schools in Barnes and Independence, KS, and attended high school in Warrenton, MO. He completed his preparatory work for the ministry at St. John’s College in Winfield, Kansas before graduating with a Master of Divinity from Concordia Seminary, St. Louis, MO, in 1958. He recently celebrated his 60th year in the ministry after serving as Pastor at the following parishes:
St. John’s Church in Tyler, ND and First English Church in Fairmont, ND from 1958-1960, St. Peter’s Lutheran Church in Barnes, KS from 1960-1962, Reformation Lutheran Church in Charlotte, NC from 1962-1965, St. John’s Lutheran Church in Oberlin, KS, from 1965-1974, Trinity Lutheran Church in Blue Hill, from 1974-1978, Grace Lutheran Church in Larned, KS from 1978-1986, and Zion Lutheran Church in Farmington, NM from 1986-1992. He retired in Hastings to be close to family.  Pastor Temme occasionally assisted on Sundays at Zion Lutheran Church.
Rev. Temme served as Circuit Counselor during his ministry in Oberlin, KS. requiring him during that time period to fill in as vacancy pastor in every church in this circuit. During his time in Larned, KS, he served as Chairman of the Kansas District Pastoral Conferences and was District LWML Advisor for two terms. He loved teaching confirmation classes and interacting with the youth group and often organized such activities as baseball games, summer picnics and homemade pizza dinners.
Rev. Temme met his wife, Virgina, during his vicarage at Calvary Lutheran Church in Kansas City, MO, where she was teaching at the Day School. They were married on Sept. 3, 1958, in Birch Run, MI. They enjoyed 59 years of marriage. They had three daughters, Ann, Lori and Teresa.
Rev. Temme shared his love of fly-fishing, gardening, and playing baseball with his daughters. He could often be seen hunting pheasant with his daughters and his faithful dog Pepper.
Rev. Temme is survived by his wife, Virginia; daughter, Ann, and her husband, Greg Auten, and their three children, Tim, Lindsey and Tyler of Blue Hill, Lori and her husband, Evan Halsey, of Jacksonville, FL, and Teresa and her daughters, Annalise and Alayna of Annapolis, MD. He is also survived by three sisters, Carol Bryant and her husband Ron of Charlotte, NC, Lois Frick of Warrenton, MO, and Anita Carter of Georgetown, TX; brother, Harold Temme, of Warrenton, MO; and numerous nieces and nephews.
Funeral services  were held at 10 a.m. on Friday, July 6 at Trinity Lutheran Church, Blue Hill, with Interment following at the Blue Hill cemetery . 

Webster County Board of Commisioners July 3, 2018

The Webster County Board of Commissioners met at 8:30am on Tuesday, July 3, 2018, for a regular business meeting at the Courthouse in Red Cloud. The following Board Members were present for roll call: Dan Shipman (District One), Trevor Karr (District Two), Roger Bohrer (District Three), Keith Buschow (District Four) and JoAnn Reiher (District Five). The Board stood and recited the Pledge of Allegiance to the Flag. Chairman Buschow gave notice of the Nebraska Open Meetings Act Laws. Motion was made by Shipman, second by Reiher, to approve the minutes of the June 19, 2018 meeting. Upon roll call vote, voting to approve the minutes: Shipman, Reiher, Karr, Bohrer and Buschow. Voting no, absent or abstaining: none. At 8:35am, Monica Montgomery, Office Manager for the Road Department, met with the Board. Montgomery shared a thank-you note from the City of Blue Hill for cleaning up the Webster County Road Yard. Van Kirk is finishing Project No. 357. The Construction Crew will be completing 1400 Road, south of the feedlot. Kucera Construction will start on Project No. 629 and 630 next week. Discussion was had on the road east of the Blue Hill golf course. The Road Department is having a lunch on August 2, 2018 for Kary Winslow who has been employed by Webster County for 40 years. Discussion was had on the scope of responsibility of Webster County and the landowner when reclassifying a minimum maintenance road to a local road for construction of a house. After discussion, the Board agreed to Webster County completing the dirt work and placing culverts up to $10,000.00 while the landowner is responsible for first surfacing of the road with rock/gravel. County would be responsible for maintenance after construction. There will be an electronics recycling in Guide Rock in October, 2018 and tire recycling in Red Cloud in November, 2018.
At 9:00am, Monica Montgomery met with the Board to discuss the installation of panic buttons in the four offices on the first floor of the courthouse. Motion was made Karr, seconded by Reiher, to approve the installation. Upon roll call vote, voting in favor: Karr, Reiher, Shipman, Bohrer and Buschow. Voting no, absent or abstaining: none. At 9:15am, Sheriff Troy Schmitz met with the Board concerning a hospital bill for an inmate that was hospitalized for a possible heart attack. Sheriff Schmitz discussed the effects on the jail budget. The Board accepted and reviewed the Sheriff’s Quarterly Fee Report. At 9:30am, Dan Rutt, Director and Carol Harrenstein, Office Manager of Revive Ministries, met with the Board. They shared the activities and budget for the past year. The funding request for $2,000.00 was tabled to later in the meeting.
 At 9:45am, Election Commissioner Debra Klingenberger has been in contact with the Secretary of State’s office for auditing the 2018 Primary Election but no date has been set. Commissioner Buschow shared with the Board that he had spoken to a Pella Window representative. He got an estimate of approximately $100,000.00 to replace the windows in the Courthouse building. At 10:15am, Dustin Gay, Energized Electric, met with the Board to sign the Agreement for the installation of the HVAC System in the Courthouse. After discussion, all members signed the Agreement. This Agreement is on file at the Webster County Clerk’s office. At 10:45am, discussion was had on the Budget for fiscal year 2018/2019. Commissioner Buschow is having a phone conversation with Woods & Durham Accountants following this meeting. The decision was made to not support South Central Economic Development. The decision was made to reduce the support to the other entities by 10%. The support for the other organizations will be: CASA of South Central Nebraska: $3,000.00; SASA Crisis Center: $1,800.00; Area Substance & Alcohol Abuse Prevention (ASAAP): $4,500.00; Revive Ministries/Horizon Recovery: $ 1,800.00; Region 3: $8,993.04; Midland Area Agency on Aging: $4,860.00; USDA Predatory Animal Control: $6,719.93.
 At 11:00am, Dennis VanWey, Webster County Noxious Weed Superintendent, met with the Board to ask for the approval of the Board to use the County Weed pickup to pull his trailer to transport County Fair materials to the County Fair location and to the Nebraska State Fair. The Board approved.
 The following claims were approved for payment: Wages for 3part-time & 18 EMTS $9,628.64. General Fund
Adams County Dues $ 100.00
Christa Alber Expense 5.23
Ameritas Life Insurance Corp Retire 347.68
BDY Cabinets and More Repairs 351.31
 DAS State Accounting/Central Finance Fee 448.00
S.S. Fica 465.56
Eakes Office Solutions Fee 60.50
Election Systems & Software Supplies 5,678.22
 Glenn Plumbing & Heating Repairs 30.00
Glenwood Fee 10.00
 Grace’s Locksmith Service Repairs 240.00
Hometown Leasing Lease 129.00
Elizabeth Janning Expense 119.90
Jared’s Auto Expert Repairs 1,174.93
JEO Consulting Group Surveys 950.00
 Carol Kumke Expense 389.51
 Jerry Langer Expense 20.90
 Leaf Capitol Funding, LLC Lease 424.45
Neofunds by Neopost Postage 1,000.00
 Quill Corporation Supplies 405.31
 Red Cloud Chief Publishing 1,822.46
 City of Red Cloud Utility 1,714.53
Bradley Schick Expense 6.54
Paul Stoner Expense 21.99
Theobald Law Office Counsel 617.50
US Foods/The Thompson Co Supplies 269.50
Ken Vanwey Repairs/Mowing 487.50
Village Pharmacy Medical 464.74
 Keith Waechter Expense 40.52
Web Co Clk of Dist Court Fees 144.00
Web Co Sheriff-Petty Cash Fund Petty Cash 480.23
 Williams exterminating, Inc Fee 88.00
 Woodward’s Disposal Service Fee 5.00
Zee Medical Service Supplies 42.35
 Road/Bridge Fund
ACE/Eaton Metals Culverts 7,740.00
 Ameritas Life Insurance Corp Retire 90.65
 Black Hills Energy Utility 43.80
 Bladen Sand & Gravel, Inc Gravel 21,580.26
 City of Blue Hill Utility 80.11
C & D Service Center Supplies 66.28
 Caterpillar Financial Services PMT 23,858.10
 Country Corner Fuel 80.53
 Diamond Lime, Inc Gravel 18,321.31
 S.S. Fica 102.74
First National Bank Omaha Fuel 278.09
 Glenwood Telecommunications Phones 154.33
 Village of Guide Rock Utility 70.52
 Island Supply Welding Company Supply 127.00
 J & A Auto Supply Supplies 149.70
John Deere Financial Supplies 32.65
Kully Pipe & Steel Supply Steel 56.82
 LRNRD Rural Water Project Water 22.21
Napa Auto Parts Tools 564.84
NCK Quarries, LLC Gravel 6,032.25
 David Niles Expense 84.73
 Nebraska Machinery Company Rental 7,232.32
 Patchmaster Central Surfacing 7,757.75
 R & M Disposal, LLC Utility 33.00
Red Cloud Chief Publish 385.85
Verizon Wireless Phone 55.05
 Windstream Phone 66.45
 Road/Bridge Const Fund Ace/Eaton Metals Culverts 26,670.86
 JEO Consulting Group, Inc Fees 3,618.00
NCK Quarries, LLC Culverts 5,308.81
 Visitor Promotion Fund
Webster County Ag Association Adv 2,500.00
Self Insured Dental Fund 
Dentistry Dental 224.00
Minden Dental Clinic Dental 163.00
Webster County Dental Clinic Dental 2,664.20
 County Medical/Relief Fund
Adams County District Court Hearing 157.50
 Inheritance Tax
 Energized Electric, LLC Equip/Repairs 56,432.95
 Noxious Weed Fund
 Red Cloud Chief Adv 126.00
 Ambulance Fund 
S.S. Fica 168.36
Brad Frey Repairs 1,790.43
Matheson Tri-Gas, Inc Rental 27.10
Moore Medical, LLC Supplies 454.31
Stryker Sales Corporation Equip 23,648.28
 Being no further business, Chairperson Buschow adjourned the meeting at 11:38am. The next regular meeting will be held on Tuesday, July 17, 2018 at 8:30am. A current agenda and complete minutes are on file at the County Clerk’s office and at www.co.webster.ne.us. Dated this 3rd day of July, 2018. Webster County Board of Commissioners ATTEST: Debra Klingenberger, Webster County Clerk