During the run-up to the 2009 zoning referendum, conversations around Jefferson County—including in these pages—focused on alleged cooperation between petition organizer Ronda Lehman and County Clerk Jennifer Maghan. Now Lehman has mounted a serious challenge against Maghan for her post in November election’s. So much for cooperation.

The clerk’s race is not one that typically gets a lot of attention. But of all the county’s elected positions, it’s one of the most directly involved in the delivery of services and operations of county government. It’s a race between two tough campaigners—one who also volunteers to clean up the Shenandoah and the other who fronts her own rock band.

—David Lillard

Ronda Lehman

Challenger, Democrat 

Ronda, why are you running?

When resident’s social security numbers were exposed on the Internet in 2008, I began to consider a run for County Clerk.  I was outraged that while our citizen’s were busy with their lives, they were exposed to the nightmare of identity theft by an elected official.  Our small county made it to the “Top 10 IT security breaches” list for 2008.  As a nurse, I would be subject to the HIPPA regulations that safeguard against the release of personal information.  A breach of social security numbers in my field could result in time in a federal prison.  Citizen’s of Jefferson County were told this occurred as a result of the computer not catching the hand written numbers on our deeds.  In my eyes, it was the responsibility of the clerk, and not a computer program to ultimately safeguard our personal information.

Important Duties of the County Clerk

The County Clerk statutory duties are many from running elections, to recording all official county documents, to the keeping of the official record for the County Commission. County residents rely on the Clerk’s office to run fair and accurate elections, while maintaining important records of their lives from birth to death. These duties bring great responsibility. Mishandling of this information can result in costly consequences for our residents.

With so much of our personal information available online, security is a must. The office of the Clerk has the potential to affect our daily lives, if proper attention is not given to securing our personal information. For example, if Social Security numbers were to be released online it could impact resident’s lives significantly. With a background in nursing, I understand the importance of guarding personal information. In the healthcare industry, unintentional release of such personal information can result in jail time for the person responsible. Consequently, I have learned to do things right the first time, as you have no room for error. This attention to accuracy will serve the residents of Jefferson County well if I am elected County Clerk.

What would you most like to achieve?

I would like to see a more active electorate in Jefferson County. This is not a specific “duty” of the clerk, but it is a way in which the clerk can ensure county residents can be involved in local decisions, if they choose to do so. I have found that active, thriving communities usually have a very active electorate. The number of votes cast in primaries and even general elections has been very low in recent years. There are many ways in which this goal can be achieved without additional costs to the taxpayers. I have held voter registration drives in which I went out into the community and registered voters. I was often met with the same comments. Many said, “good to see you here, I didn’t know where to go to register to vote,” or “this is convenient for me since I work 9 to 5, and cannot make it to the clerk’s office during regular hours.”

Many of these issues can be handled online through various websites. However, I found that many people of Jefferson County were not aware of these outlets. I feel the clerk should reach out to members of the community to make sure that all are aware of how to maintain this most basic American right to vote. Many have fought and died for this right, and the best way to honor them is to vote at each and every possible opportunity.

Your priorities for the job

As County Clerk, my priorities would be to provide all services in the most accurate, customer-friendly and cost-efficient manner possible with a keen eye to detail, and state code. Maintaining and operating the office within the budget guidelines set forth by the County Commission is important to our taxpayers, as the stresses of our economy continue to impact the daily lives of our residents. More prudent management of taxpayer dollars is currently needed in the office of the clerk. We seem to have a litigious county government at the present time. Communication, team work, problem solving, and compromise could help to remove the need for such actions. These suits are fought at the cost of the taxpayers. With the cuts seen in recent years to important basic services, including our emergency services, we need to find better ways to handle issues that do not cost the taxpayers in the long run.

Personal Life

My family and I have planted firm roots in this community. Unlike some that are native to the area, we chose to live in Jefferson County. The strong sense of community and beauty of this area initially attracted us. My husband of 22 years, Seth, and our two young adults Reid and Erin love our home on the Shenandoah River. I have been very active in the community since arriving, from teaching first-aid to boy scouts, coaching soccer and softball teams, to serving on community committees. Most recently, I have been active in the Mountain Watershed Committee, which is focused on readying our county for the sweeping regulations facing the Chesapeake Bay Watershed. As an avid kayaker on the Shenandoah, I have documented through pictures the many issues facing this endangered river. I will continue to be very active in efforts to save our river, and hope to be part of the solution to environmental and economic issues facing our beautiful county.

With the honor of your vote, I will further serve this community with integrity and great pride as your next County Clerk.

Jennifer Maghan

Incumbent, Republican

Jennifer responds

In 2008, our County’s on-line document inquiry system was live on the web less than 24 hours before our office realized that social security numbers appeared on certain public records such as WV State Tax liens and deeds recorded prior to the nineties. Citizens my recall the days before on-line identity theft was a threat, and when SSN’s were routinley used to identify people in addition to their names. Many deeds contained hand written social security numbers which were written by citizens at the time they signed their names.

 Fortunately, our software vendor had a system in place that tracked the IP addresses of the less than 50 or so residents that looked at their own deeds or documents.  Our office immediately pulled down the on-line records and notified the public. For nearly two months, our office scanned over one million documents and manually redacted any social security numbers that were found.  We encouraged the public to view their own documents and to contact the Clerk’s office if they could view their social security number which was redacted immediately, usually while the citizen was on the phone.

Important Duties of the County Clerk

Ensuring that records of the County from birth to death are accurate, archived, and available forever while our many elections are carried out smoothly and accurately is only the tip of the iceberg. We probate estates, allow couples to marry, and make sure that legal documents are recorded with strict adhesion to the law. We handle payroll for our county’s workforce, pay the bills, the taxes and more. While the duties are many, my primary responsibility is to the citizens of Jefferson County. Our citizenry counts on me to lead my team with integrity and accountability, while keeping up with the technology that best serves everyone.

Achievements you are proud of

I have fearlessly challenged the age old adage of “Our County has always done things that way.” By implementing standardized, modern business practices and proven methods of success, my leadership has stimulated a culture of good government in Jefferson County. I am proud to say that never in the history of Jefferson County has public information been so transparent or readily available to our Citizens.

Our election process is state of the art and our deputy county clerks are top-notch professionals who convey my desire to serve all citizens equally, and provide the most accurate and very best possible customer service to the letter of the law.

Additionally, strengthening and creating internal controls that had either become lax or were non-existent were necessary implementations to ensure accountability of our public funds. Our Citizens are more informed and benefit our open government, open records attitude.

It’s imperative that voters have the opportunity to make informed votes before heading to the polls and I’m proud to say that our office was the very first in the State to provide on-line candidate information with photos, bios and web-links. We have also worked closely with the County’s GIS department and have the very first and most accurate GIS election maps that ensure voters are in the correct districts.

Improving operations

There is always room for improvement in any organization, and since government is a living, breathing and ever changing entity, to become complacent would be a detriment to our community. Keeping up with legislative changes and technology ensures that our high level of service will continue. In the future, it would be stellar to have a county commission that collaborates with all constitutional offices regarding policies, procedures and budgetary matters.

What would you do in a 2nd term?

Aside from ensuring that every document of the County Commission is archived and available on-line, it’s in the plans to revamp our county’s finance office by implementing modern, multi- functional software that will streamline the work flow for our deputy clerks who handle payroll, benefits and accounts payable.

I’m extremely proud of having kept all of my campaign promises since January 2005 and will continue my mission of good, clean, open government. Please visit www.jenniferforcountyclerk.com for more information about my campaign.

Personal life

I love to make people smile and prefer to fully live my life rather than engage in politics. Music has always been a part of my persona. Two years ago, I had a very strong desire to put a band together, and am blessed to work with an awesome group of musicians. Our band is called Exotic Groove, and we play music from all genres as well as original songs. Our next performance in Jefferson County will be for the Jefferson County Council on Aging Senior Picnic on September 10th from 11am to 2pm at the Ranson Civic Center. I enjoy singing, playing piano, saxophone, guitar and love to see folks dance! You can check us out at http://exoticgroove.com.

On June 24, the U.S. Supreme Court issued an 8–1 decision in a First Amendment case that could impact the outcome of a case now before the West Virginia Supreme Court of Appeals. The high court ruled that disclosure of information on petitions for ballot referenda does not violate the First Amendment.

The Doe v. Reed case centers on the release of petition names gathered for the referendum on same-sex marriage in the state of Washington. According to Washington state law, petition names can be disclosed to the public as part of the open government process. Although there are differences in state law, the case bears similarities to Shepherdstown Observer v. Jennifer Maghan, a case brought by this publication that also focuses on the release of petitioners’ names.

The West Virginia case centers on The Observer’s Freedom of Information Act request for the list of petition names collected in support of a vote on the Jefferson County Zoning Referendum, which took place November 7, 2009. Jefferson County Clerk Jennifer Maghan refused to release the names, citing privacy concerns. Her decision was upheld by Circuit Court Judge David Sanders, who said that any document prepared by a private citizen group and given to a government body was not subject to FOIA.

In his supreme court opinion, Chief Justice John Roberts wrote: “Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures.” Roberts added, “Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot.”

Justice Antonin Scalia argued that concerns that petitioners would be harassed if their names are released do not outweigh the democratic benefit of the public scrutiny of these same names. “There are laws against threats and intimidation; and harsh criticism, short of unlawful action, is a price our people have traditionally been willing to pay for self governance. Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.”

Said Charles Town attorney Stephen Skinner who, along with West Virginia University Law Professor Patrick McGinley, brought the suit: “The U.S. Supreme Court decision completely refutes the Jefferson County Clerk’s attempt to sandbag West Virginia’s Freedom of Information Act.”

The West Virginia Supreme Court has set oral arguments for Shepherdstown Observer v. Jennifer Maghan for Sepember 8. A final decision may be given before the end of the year.

For background information on the case see wvObserver.com.

Jennifer Maghan, County Clerk, and Ronda Lehman, the petition organizer, declined to comment on this story.

Petition Organizer Paid By Anti-Zoning Firm

Recently released documents reveal financial dealings between Lee Snyder, the owner of Jefferson Utilities, and Ronda Lehman, who spearheaded a petition drive on the county’s new zoning ordinance. The documents include a detailed itemization of expenses made by Jefferson Utilities since October 2008, including four payments to “Ronda Lehman Consultant” in March 2009.

The revelation has re-fueled speculation that the petition drive was funded by development interests, and that Snyder in particular was affiliated with the petition campaign. At the least, say people involved with Citizens of the Blue Ridge, who obtained these files through a lawsuit, the documents reveal a link between Snyder’s interests and Lehman’s public advocacy of Jefferson Utilities’ interests.

At a meeting of the Public Service District in Charles Town in February 2009, Lehman rose to give her strong support for Jefferson Utilities and their work in the county. She appealed for an end to the “land use wars,” an end to the moratorium on growth, and called for the provision of new water supplies to communities in the Blue Ridge.

Said John Maxey, chairman of the Citizens of the Blue Ridge group, “Ronda Lehman’s attempts to suppress public disclosure of the petition names is similar to her attempt to suppress that she has received payments from a corporation with economic interests in the position she is pursuing. Neither is good for a transparent government process.”

Lehman has repeatedly claimed that in her works as a petition organizer, she represents no special interest. She has stated she is acting merely as a concerned citizen, at first anxious about the impact of the zoning ordinance on the mountain community and, more recently, as a resident committed to making the process more open by triggering a referendum on the ordinance.

When asked what service she provided JUI, Lehman said that the payments were “totally unrelated” to her work on the petition, adding that she “had the point of view well before I met Mr. Snyder.”

Lee Snyder, Chairman of Jefferson Utilities, confirmed that his company had paid Lehman for consulting services. “She is very good at going to county commission meetings and reporting them,” he said. “And she is much cheaper than an attorney!”

Snyder went on to say that he did not support the new zoning ordinance in Jefferson County. “It is an elitist ordinance written by Marxists,” he said. Snyder has filed a lawsuit against the county over the ordinance.

The Observer is involved in a civil suit against Jefferson County in an attempt to obtain the names of the petitioners who signed the referendum petition.  The case is before Judge David Sanders in Circuit Court of Jefferson County.