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December 3, 2012 (Recessed Meeting) Page 1329 or not do it or decide when you're gonna do it - the statute is silent on the requirement that it need to be done immediately. Measmer: I'm not opposed to declaring the office vacant at the time, however my concern would be, if we do that, will that affect some of these other scenarios that you had mentioned as far as Linda McAbee staying a significant period of time or if there is an interim register of deeds at the time - if it is - how would that play into it being vacant? Would that affect any of the... Koch: Well certainly, I think if this goes on for some extended period of time it's going to affect what Linda's status is, which has been sort of an ongoing issue trying to get a definitive word from the appropriate people at the state, specifically at the retirement system. We've been advised by the school of government that - and there's a conflict of the statutes - I believe, but it says that she serves til the end of her term and then carries on. And even though there's a provision, another statute that says that the existing deputies and assistant register of deeds can carry on the official duties of the office, it has to be done only under the existing bond. There cannot be anew bond written for one of the assistants or one of the deputies to carry on the duties of the office in their own name. So then it was determined by the folks at the retirement system that even if Linda never came in this building or went into the office of the register of deeds - and did no work of any sort - that nonetheless, if the office was being kept open under her bond in her name and her stamp with her name was being affixed to all the documents that were recorded or issued out of that office, that it would be considered that she was doing work and it would adversely affect her retirement. That's been the dilemma, and it's one that isn't fully resolved, except you've heard the latest update of where that matter stands. Certainly it wasn't anyone's intention to adversely affect her retirement. And it really, logically, seems that there should be no reason why it should. That the office ought to be able to continue on for some period of time if she is willing to allow her name to still be affixed to the documents that are either recorded or issued - which she's willing to do. So, that having been said, how long that can go on and when these other things can be addressed, it's difficult to say. I would posit it to you that it's a fairly unique circumstance, and certainly is different from the one in Buncombe that I just described. Measmer: So if we declare the register of deeds office vacant as of this evening will that affect the bond if - if it works out where Linda McAbee can fill in until a new appointee is received for that, if we declare it vacant will that bond continue or will it stop? Koch: My understanding is that it will continue, is that right, Tony? Harris: Yes. Dubois: It will continue as we receive a letter from the retirement system that says it's okay to function in that way or we bring her back for 30 days. That's the decision we're waiting on. Downs: And if she does agree to 30 days, it has to be a full 30 days and then her new retirement date would be January lst or December 31 Dubois: December 31S Downs: So like I said, it's a question for you Mr. Koch, so - so if the office is declared vacant and you come and you get a recommendation from the Republican Committee, then it's my understanding is that that new person or whoever that person is would be sworn in and effective January 1s So it would be a month, but that's only if Ms. McAbee would agree to that, to extend her retirement out another 30 days. Poole: And I just spoke with the chairman of the Republican Party, who informed me that they will be meeting tomorrow evening, their regular meeting, then they would need to set a meeting ten days out based on their bylaws, I guess is the right term. So they would be able to give us a recommending name on December the 15 or if it were determined that, I guess, Ms. McAbee was staying through December 31S they would have to give us a name prior to that so that it would be effective on January 1st without understanding the clarification. Koch: I believe that's correct, yes. Poole: I'm just giving a timeline. So what other information do you need, commissioners, to make a decision on what we need to do? Other than, I mean obviously, we have to get the information from the retirement system and then verify with the treasurer's office as far as Ms. McAbee goes. The worst case scenario is they say that she can't work at all and the office will stay closed until December 15 I guess. White: That can't happen. There's too much - Poole: But I can't imagine that facing the situation with that - that that's what they'd do - White: Their office is too busy, we've got at least three people sitting in this room right now that earn a living by filing, by registering, by looking up, by investigating and I can only imagine how much that's going to impact their business. And I believe that the Republican Party can still nominate Mr. Small, if that's what they choose to do. I think they need to move forward and get the register of deeds office open as quickly as possible so