For the past month, Clerk-Recorder Kathleen Smith has been splitting her time between Nevada County and her new duties as city clerk for Rio Vista.

Smith earns $90,000 a year as county clerk-recorder. She also will earn $90,000 annually as the city clerk of Rio Vista, according to her employment contract, seen by The Union. Rio Vista is between Fairfield and Lodi in the Sacramento Valley.

Smith also will receive all regular benefits, including PERS contributions, health insurance and deferred compensation. During a so-called transition period - for up to three months starting about March 1 - Smith will receive 75 percent of her salary and benefits for working 30 hours per week for the city, plus attending night meetings, according to the contract.

When The Union surprised her with a phone call Wednesday at her Rio Vista office, Smith confirmed she has been working part time as the clerk of Rio Vista since March. But she wouldn't elaborate on any details, including her compensation.

"That's none of your business," she said. Smith said she is not sure if she will stay with the Rio Vista job after she resigns from Nevada County on June 30.

Smith announced her resignation effective June 30 from her Nevada County position late Monday. She said Tuesday that the move was personal. Although Smith said she was somewhat disgruntled with her job, she gave no other reason for leaving other than to say, "It's private and I'm going to keep it that way."

In a statement sent to local media Wednesday afternoon, Smith said that prior to her June 30 resignation, she "anticipates finalizing the purchase of a federally compliant voting system and the release of a civil grand jury report concerning elections administration in Nevada County."

Smith told The Union on Tuesday that her office was negotiating with Hart Intercivic to buy electronic voting machines that meet federal guidelines for serving disabled voters.

"After months of working with the grand jury, Ms. Smith expects the report to shed positive light on concerns about polling place changes, delay of elections results and the clerical errors affecting voter information," the statement read.

"Ms. Smith is the second of two immediate past county clerk/recorders to resign mid-term in Nevada County (along with Lorraine Jewett-Burdick). Ms. Smith's decision is, in part, due to mean-spirited public scrutiny and a lack of understanding of and support for the resources needed to conduct 'spotless' elections," the statement concluded.



County officials

didn't know

The news of Smith's new job was "a complete surprise" to Assistant CEO Laura Matteson, who is filling in this week for CEO Rick Haffey. "We're very concerned about her ability to do two jobs at once."

The legality of Smith's holding of two jobs remains unclear.

"This office is looking to see if an elected county clerk can legally hold office and be a city clerk," county Deputy County Counsel Mike Jamison said. "At this point, it may be because she's elected here, the county has no administrative remedy available. The remedy may be at the ballot box. We're still researching."

He was unsure of how many days an elected official is legally required to work in California, if any. "That's one of the issues I'm looking at," Jamison said.

Of particular concern to the elections office is the county's need to meet handicapped voter requirements for the 2008 elections. Smith has laid the groundwork for meeting those requirements, but "someone's got to be there" to administer them, Matteson said.

She was unsure about how much Smith has been working here in recent weeks, "but she's been hard to reach and her schedule has been a concern," Matteson said.

Four county supervisors contacted Wednesday did not know of Smith's dual positions. They expressed surprise when they heard the news.

"You're kidding," District 4 Supervisor Hank Weston said when told of Smith's new job. "That's a shock; it was kept very private."

"I'm thinking we might need to ask for her resignation immediately, but I don't know if we can," said board Chairman John Spencer. "It's unfair to the taxpayers of Nevada County who elected her to a full-time job to have her moonlighting in another county."

District 2 Supervisor Sue Horne was also in shock.

"I don't know how Mrs. Smith thinks she can do her job as the person who handles the elections office here and have another job in an entirely different county," Horne said. "It's pretty amazing."

"With Kathleen, I'm beyond surprise," District 1 Supervisor Nate Beason said. "This is just bizarre."

Supervisors also are concerned that Smith is not spending enough time in Nevada County to do a proper job. "She made a commitment to voters here," Beason said.

Right to move forward

Asked why she had not informed the public about her new job, Smith said, "I had two choices: To be up front or not, and I chose to handle my career personally and privately. There's only one person looking out for Kathleen Smith, and that's me.

"I hope people respect my right to move forward," Smith said. "People can contact me through the county Web site if they want to talk."

The site address is http://new.mynevadacounty.com/elections.

According to her contract with Rio Vista, Smith can be terminated by a vote of a simple majority of the Rio Vista City Council. She receives three months' pay if she is terminated prior to March 12, 2008.

Rio Vista Vice Mayor Bill Kelly said he knew of her dual position but nevertheless thought Smith was a good fit for his town.

"It bothers me that other people are bothered," Kelly said. "We don't want to slight another city or county in the hiring process. I'd be willing to work with them on the transition."

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Editor Jeff Pelline contributed to this report. To contact Senior Staff Writer Dave Moller, e-mail davem@theunion.com or call 477-4237.