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NAPLES — The Collier County clerk of courts hasn’t lost several long-standing cases with the county, but a judge ruled Thursday he will have to prepare for the worst case scenario.

Collier Circuit Judge John Dommerich ruled that Dwight Brock will have to post a $3.239 million appeals bond to protect county taxpayers should Brock lose the several cases the county has filed against him.

On March 18, Collier Circuit Judge Jack Lundy sided with the county, but Brock appealed that decision.

Dommerich, who inherited the case last month, listened to legal arguments Thursday about the clerk’s duties and obligations as opposed to those of the Collier County Commission.

Brock and the commission have been arguing over money, titles and duties in some shape or form for more than seven years.

Brock is responsible for investing the county’s money. Commissioners object to his use of interest from the investments to run his own office, but Brock’s attorneys argue that all of the county money goes back into the county pot in one way or another.

Ted Tripp, a Fort Myers attorney, accompanied by Assistant County Attorney Jacqueline Hubbard, argued that ordering the clerk to post a bond would prevent further expenditure and loss of taxpayer money.

Tripp stressed the county’s dismal economic situation, and taxpayer protection.

Brock’s attorneys, and county-employed and hired attorneys, continue to go around in circles through past and pending cases over the same questions: Is Brock a fee officer or a budget manager?

As an elected constitutional officer, Brock’s attorneys do not believe that he should be under the thumb of County Manager Jim Mudd. Tom Grady, Brock’s attorney, has characterized the struggle as a control issue.

Furthermore, Tripp and Hubbard haven’t presented any evidence to show allowing Brock to continue to operate as he has created “irreparable harm” to county taxpayers, Grady said.

“Transferring money is not the same as expenditures,” Grady said. “At the heart of this dispute is who controls the money. (Brock) is an independent constitutional officer. He invests taxpayers money.”

Tripp referred to protecting taxpayer money, but a bond “isn’t free. It costs money,” Grady said. A bond would cost taxpayers millions more, Grady said.

Grady also referred to the county’s reversals on the definition of Brock’s job, depending on which issue they’re arguing.

“Today, the county agrees he’s a fee officer,” Grady said. A fee officer has more authority and autonomy from the commission or county manager.

Reiterating that Brock is an independently elected constitutional officer, Grady noted that Mudd is not.

“A clerk is a watchdog. Separation of power is important,” Grady said, adding, “There have been no allegations of wrongdoing.”

Dommerich heeded the county’s call for a bond, but denied its request for a stay.

“I’m not keeping Mr. Brock from exercising his authority,” Dommerich said.

Asking for a trial date, Hubbard said, “Justice delayed is justice denied.”

“We’re talking about public policy. This is an issue that affects every court clerk in the state,” she said.

Dommerich said he has to discuss his schedule with the chief judge.

As of Sept. 2, Dommerich will be assigned to Charlotte County on a full-time basis.

“I don’t know if I will retain this case,” he said.