County may file action against recorder

Adrienne Packer

Wednesday, May 1, 2002 | 11:16 a.m.

The Clark County district attorney has explored filing an "abandonment" complaint against Recorder Judith Vandever, who county officials say inexplicably missed six weeks of work and disconnected her office phone.

It's highly unusual and difficult to force an elected official from office, but county officials say Vandever's office is several months behind in its work and staff morale is plummeting.

Delays in the office can result in, for example, confusion over property ownership and cause problems with newlyweds obtaining marriage certificates needed for life insurance policies or to apply for a passport.

"The bottom line here is she was elected to take this job and it's a full-time job," County Manager Thom Reilly said. "If she can't fulfill it, she should make arrangements to have it taken over on a temporary basis or long-term basis."

Vandever reportedly told county administrators that she has had serious health problems but has been working from home and is in constant touch with her staff members.

Vandever did not respond to e-mail or phone messages. The recording on her direct phone line said no messages could be left and requested the caller try again.

Deputy District Attorney Mary-Ann Miller confirmed this week that she and the county manager's office have discussed whether Vandever's $72,000 position should be declared vacant.

"There have been questions made in general about what the procedure would be if an elected official were unable to perform the duties of the office," Miller said. "The administration was briefed."

Vandever's absence puts administrators in an awkward position: Recorder employees are county workers and the county is responsible for providing quality services, but the county manager has no authority over the recorder.

Inefficiencies in the recorder's office also directly affect services provided by the treasurer, assessor, clerk and public administrator, county officials said.

Despite Vandever's illness, concerns were raised because Vandever never warned the county manager's office that she planned to take medical leave and did not inform administrators who would oversee the office in her absence.

"Is she under any obligation to keep us informed? Technically not," Reilly said. "But she provides an important function that has an impact on the rest of the county."

The recorder's office certifies and archives public records and records documents related to real property deeds and leases, maps, military discharges, liens, marriage certificates and mining records.

Recorder employees complain of low morale and the office of about 55 staff members is months behind in verifying documents, which amount to about 3,000 per day, Reilly said. A past study of comparably sized recorder's office showed that Maricopa County, Ariz., had ten more employees and nearly three times the workload but was only a week behind.

Miller's role is awkward because she represents both Reilly's office and Vandever, whose four-year term ends Jan. 1.

If the district attorney's office declares Vandever's position vacant and the decision is ratified by a judge, county commissioners would vote on whether to make a temporary appointment or hold a special election.

"A variety of factors play into this; none of them come up often," Miller said. "The question becomes whether the absence in the office is affecting day-to-day operations significantly."

Reilly said he is further frustrated that the county secured $5 million for a computer system Vandever requested. However, he refuses to have it installed because there is no proof it will work with computer programs in the clerk's, treasurer's and public administrator's offices.

Vandever's presence has been scarce since the funding became available, Reilly said.

"The bottom line is she was elected to fulfill a responsibility of that office and it's been questionable in the last month and a half whether she's done that," Reilly said.

Problems in the recorder's office have had a ripple effect on other offices, Reilly said.

County Clerk Shirley Parraguirre said her office has been flooded with calls from newlyweds wanting a copy of their certificates. The clerk's office issues marriage licenses, but has nothing to do with the certificates, Parraguirre said.

"Because they start here they seem to come back to this office when they can't get their certificate, which creates a problem for us," Parraguirre said. "My office is having a difficult time steering them in the right direction."

Public Administrator Jared Shafer, who said Tuesday he might run for recorder, said Vandever hasn't attended the last six monthly elected officials meetings and certified documents are not mailed to their owners for eight months.

"Every one of our lives is touched directly by the recorder's office," Shafer said.

County Treasurer Laura Fitzpatrick said her office has not been affected by Vandever's absence. Assessor Mark Schofield said delays in the recorder's office affect taxpayers who need documents more than they affect his department.

"Could something occur that would shut down the production of documents? Not in the foreseeable future," Schofield said. "If it did, we would take immediate steps to intervene."

Reilly said he will be satisfied if Vandever and his office follow through with a plan under which they would start meeting for weekly updates on the status of the recorder's office.