Clerk candidate faults document filing

SUTHERLIN — Loma Wharton accused Douglas County Clerk Barbara Nielsen of fraud by failing to follow proper procedures in the filing of liens submitted to the county.

At a candidates forum at the Sutherlin Community Center on Friday evening, Wharton, who is running against Nielsen in the May 20 primary, said each lien document must be “ink signed under penalty of perjury to make that document true, complete and correct.” In addition, she said there must also have an abstract judgment from a “court of competent jurisdiction” for a lien to be valid.

“Any document that comes into the Clerk’s Office that is missing that judgment and the clerk puts the clerk’s seal on it and files it, the clerk has turned that document into a securities fraud. It can then be used in commerce to remove your private property from you by illegal means,” Wharton said.

Nielsen, who has served as clerk for five years, did not respond to Wharton’s allegations. She has previously said her office follows Oregon law in filing lien documents and uses the same procedures as Oregon’s 35 other counties.

For almost a year, Wharton and other members of the Oregon Lawmen ad hoc Steering Committee have disputed the filing of property liens by the federal Internal Revenue Service. They claim the agency doesn’t follow proper procedures and that the documents they file aren’t sufficient to legally establish a lien.

Nielsen, who said the county’s elections office is well-respected around the state and is “second to none,” defended the use of former Clerk Doyle Shaver as a part-time elections supervisor. Shaver, who retired in early 2003, has assisted the office since Nielsen was appointed clerk by the Board of Commissioners. He works for an hourly wage, but does not receive insurance or other benefits.

In an answer to a question posed by a member of the audience, Nielsen said it has been common practice in many county offices for retired officials to work on a part-time basis without benefits. The county receives the benefit of someone with vast knowledge and experience at a much lower cost than a full-time employee who does receive benefits, she said.

“Doyle gives the county more than anybody could,” Nielsen said.

The forum, sponsored by the Sutherlin Chamber of Commerce, also featured candidates for Douglas County commissioner, sheriff and the District 7 seat for the Oregon House of Representatives. There was also information provided on the ballot measure that would establish a service district and tax base for the Douglas County Extension Service.

• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.