Regional
Op-Ed | Jim Hurley: Only in Nevada County: Clerk-Recorder Race Becomes a Contest of High 'Drama'
Author: Jim Hurley, Nevada City, Calif.
Published on Mar 18, 2010 - 2:47:09 PM

March 18, 2010 - Who would have thought? Only in Nevada County could the election of Clerk-Recorder become a contest of high 'drama.'

There are two contestants for the office, Gregory Diaz and Barry Pruett. Gregory is the incumbent, and Barry introduces himself as "a lawyer from the law offices of Barry Stewart."

Gregory has been a clerk-recorder professional for 20 years. Barry's only prior connection to the profession was to represent AtPac -- a software firm -- in their oddly-timed lawsuit against the county. (The county had dropped AtPac in favor of another software package. This story has been well covered in YubaNet. No need to rehash it here.)

So, those are the players and that was the low drama. The high drama currently occupying the county stage is the candidates' ballot statements and the fact that the Elections Office, in the person of Gail Smith, the assistant clerk-recorder, has declared portions of Barry Pruett's statement in violation of California Election Law. No, really, this is dramatic stuff. On the face of it, it looks like this: County election officer rejects her boss's opponent's campaign statement. Sounds really bad, doesn't it? Let me explain.

First, give me a moment to clear the decks. There are 3 items you need to know by way of background: (1) A little election law, (2) Greg's ballot statement, and lastly (3) Barry's ballot statement. Then we'll talk.

• From the California Election Code:

"Election Code 13308. In addition to the restrictions set forth in Section 13307 [of the Election Code], any candidate's statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. The elections official shall not cause to be printed or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section."


• Diaz Ballot Statement:

"Name: Gregory J. Diaz, Age: 58
Occupation: Nevada County Clerk-Recorder

As a candidate for the office of Nevada County Clerk-Recorder, I am highly qualified. I was unanimously appointed Clerk-Recorder by the Nevada County Board of Supervisors in June, 2007 to solve problems in the department, and have brought efficiency and sound management to the office. I served as San Francisco County Clerk-Recorder from 1995 to 2003, where I was a key person in drafting new state legislation on Documentary Transfer Taxes, Records Integrity, and Electronic recording. My accomplishments were recognized by my peers when I was elected President of the County Recorder's Association of California.

I believe that we, as taxpayers, deserve public servants committed to making their systems better and saving money. In addition, I believe that a public servant owes the taxpayers something that cannot be bought or measured in terms of money - and that is integrity.

I have a B.A. from Swarthmore College with additional graduate work in law at Rutgers University. I live, own property, and pay taxes here in Nevada County along with my wife Katherine and two daughters. As your neighbor, I am committed to the success of our Office of Clerk-Recorder, and I ask for your support on Election Day. Thank you."

• Pruett's Ballot Statement:

"Barry W. Pruett
Nevada County Clerk-Recorder/Registrar

Over the past years, the Nevada County Clerk-Recorder's office became an embarrassment. We need new management. As an overseas executive for RUI Apple Computer and a small business owner in Grass Valley, I have the management skills, experience and judgment to run a professional, stable office. I promise Nevada County citizens three things. First, I'll ensure an equal playing field in contracting for local businesses, using a transparent and open bidding process to create jobs in our county, not out of state. Second, I'll fight for election reforms like the Vote Safe Now Initiative, requiring all voters to present a picture identification before casting their ballot and allowing our men and women in uniform the time they need for their votes to be counted. Third, I'll ensure that vital records of our citizens are guarded securely from identity thieves and never again released publicly. As a legal advocate with experience in both election and real estate law, I am uniquely qualified to administer elections, record real property transactions, and secure our public documents. Let's stop the drama and put professional management in charge. You can learn more at www.BarryPruett.com. I ask for your vote."

Now let's talk. Did you notice a difference in tone between the two statements? Which of the two would you say is in compliance with the Election Code requirement: "any candidate's statement submitted pursuant to Section 13307 shall be limited to a recitation of the candidate's own personal background and qualifications [emphasis added] and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities."

Barry says: "Over the past years, the Nevada County Clerk-Recorder's office became an embarrassment. We need new management." True, Greg inherited from Kathleen Smith an elections office that was disorganized and dispirited. That legacy, together with budget reductions imposed by the Board of Supervisors, required a reorganization of staff and a modernization of process which necessitated updating election software -- dumping the AtPac software. The office is now functioning at a higher level and with half the staff. Barry appears to be running on a platform opposing Greg's efforts to stabilize the staff and provide economies of process. In short, he appears to be running against Kathleen Smith.

"I have the management skills, experience and judgment to run a professional, stable office," Barry says. In point of fact, he has had no experience whatsoever with the elections office, apart from suing the county on behalf of a disgruntled software developer.

"I promise Nevada County citizens three things," he goes on. "First, I'll ensure an equal playing field in contracting for local businesses, using a transparent and open bidding process to create jobs in our county, not out of state." But that local business is now located in Auburn. Which is in Placer County.

"Second, I'll fight for election reforms like the Vote Safe Now Initiative…," Barry says. Do you really want an elections officer who advocates for his particular bias on the issues you will be voting on? It is agreed to by all elections officers that he or she must not take a position on any issue that may come before the electorate. Good grief, this is so basic.

"As a legal advocate with experience in both election and real estate law, I am uniquely qualified to administer elections, record real property transactions, and secure our public documents," Barry says. I can't think of anything more dangerous than having a novice lawyer practicing his own legal talents as our Clerk-Recorder. With all this legal experience he couldn't even submit a ballot statement that conforms to California election law. I say, again, good grief.

"Let's stop the drama and put professional management in charge," Barry concludes.

To which I offer a hearty hear, hear.

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