Ex-DMV chief not in driver’s seat

Tuesday, Feb. 18, 1997 | 11:59 a.m.

CARSON CITY -- The resignation of James Weller as director of the trouble-plagued state Department of Motor Vehicles and Public Safety may not enable him to avoid an ugly showdown with the Assembly Ways and Means Committee.

Before Friday's resignation, committee members were demanding a face-to-face meeting with Weller, a former FBI agent. They wanted to question him about budgetary maneuvers they perceived as violations of the law.

The meeting may yet take place, as there is talk of issuing a subpoena even though Weller no longer works for the state.

The department has been one of the most criticized in state government. Motorists had to wait months before they received title to their vehicles. Those wanting driver's licenses endured long lines, particularly in Las Vegas. There was controversy over a $50 fee imposed on car owners, many of them fully insured, in an insurance verification program. And there's been discontent among Nevada Highway Patrol troopers.

Even Gov. Bob Miller, in his State of the State address in January, noted the problems.

"As governor, one of my fondest hopes is that a visit to the DMV not be the equivalent of a scientific experiment to test the patience of our citizens. Before I turn the keys over to the next governor, I really want to reduce the lines."

Gary Wolff, lobbyist for the Nevada Highway Patrol Association, said, "We're not sorry to see him leave."

Weller was temporarily transferred earlier this year to head the flood-relief effort in Northern Nevada and did not make an appearance earlier this month before the Assembly committee when it took its first look at his DMV budget.

Shortly after tendering his resignation to Gov. Miller Friday, Weller said, "The department has done some great things and has an excellent history. At the right time, it will be brought out."

In announcing the resignation, Miller praised Weller as a "skilled administrator and policy-maker." He said Weller instituted better cooperation between the department and local law enforcement agencies and that steps have been taken to reduce the waiting lines.

Weller is leaving as the department embarks on a program to streamline the vehicle-registration and driver-licensing programs. It is asking the Legislature for $16.2 million to start the first phase and to buy new computers in a program that will eventually cost $33.6 million.

Hours before Weller's resignation, Assemblyman Morse Arberry, D-Las Vegas, chairman of the Ways and Means Committee, was demanding a personal appearance. He said, "We won't hear his budget" if Weller doesn't show up. And Arberry said the department could end up with its current budget, without any of the requested enhancements.

"We try to give every director the utmost respect," Arberry said. "But we don't want to be disrespected." Reminded that Weller was temporarily assigned to another job, Arberry said, "I know he's busy, but the flood waters are gone."

"Weller feels he is the Legislature and makes his own laws," Arberry said.

Members of the committee were upset that Weller, between sessions of the Legislature, created a training division without approval and shuffled money through the budget, making it difficult to track.

Ray Sparks, acting director of the department, received the brunt of criticism from lawmakers. He said there was no intent to break the law and noted the agency must have some flexibility to operate.

Assemblywoman Chris Giun chigliani, D-Las Vegas, who heads a subcommittee looking into the department's budget, said, "He (Weller) will be before us, one way or another. We have subpoena powers." The subpoena is rarely used by lawmakers.

"He (Weller) should not be fearful if he did not do anything wrong," Giunchigliani said.

The department includes driver's licensing, the Nevada Highway Patrol, the Division of Investigations, state Parole and Probation, the Peace Officers Standards and Training Academy, auto registration, veterans affairs, emergency management, fire marshal, trucker regulation, smog control inspections in Clark and Washoe counties and the traffic safety office.

Its budget for the coming two years is recommended for $312 million, up from the current $249 million.

The most recent controversy to envelop the department involved insurance verification. Some vehicle owners with insurance coverage had their registration suspended because either the insurance company failed to provide the information to the department or the agency did not act on the information received. In some cases, the motorist, who had insurance, never replied to a notice sent out by the department to present verification. These motorists were required to pay a $50 registration reinstatement fee, even if they had an insurance policy.

Sparks told a legislative committee last week that the department could not refund the money unless the law was changed. The subcommittee, headed by Assemblyman Tom Collins, D-North Las Vegas, is also looking at ways to restructure the verification program to avoid mistakes in the future.

Weller will continue to head the flood recovery effort until April 5. After that, he intends to write a book about the disappearance of Jimmy Hoffa. Weller served 25 years with the FBI and was supervisory special agent in Detroit during the investigation into the disappearance of the labor leader.

The governor said he will review the agency before naming a replacement for Weller.