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San Luis Obispo County clerk recorder loses another legal battle

March 24, 2024

SLO County Clerk Recorder Elaina Cano

By KAREN VELIE

A judge on Thursday denied a motion to set aside a ruling that the San Luis Obispo County Clerk-Recorder’s Office overcharged a citizen for a recount of the 2022 county supervisor race between incumbent Bruce Gibson and Dr. Bruce Jones.

In January, Superior Court Judge Rita Federman determined Clerk-Recorder Elaina Cano charged $5,088 for overtime hours for herself and two other staff members, even though her office never paid those costs. The court determined Cano overcharged for the recount and that instead of Darcia Stebbens owing the county money, the county owes Stebbens $640.

Following her loss, Cano filed a motion to correct or set aside Judge Federman’s ruling arguing that neither party raised the issue of overtime hours for salaried staff. Through the motion, Cano sought a rehearing.

However, during her cross-examination of Cano and another county staffer, Stebbens had raised the issue of overtime hours, according to Judge Federman’s March 21 ruling denying Cano’s motion.

After Gibson defeated Jones by a mere 13 votes in the Nov. 2022 election, Darcia Stebbens requested the recount. Stebbens then terminated the recount after less than a fourth of the district’s precincts had been counted, noting issues with transparency and costs.

Before the recount was halted, Clerk-Recorder Elaina Cano agreed to count one ballot that her staff had failed to properly tally. The contested ballot, however, did not end up being tallied in the recount.

After Stebbens had paid the county $48,898 in estimated charges, Cano sent her a final bill. Stebbens refused to pay $4,448 in charges, alleging Cano had failed to provide itemized bills and documents requested with the recount. Cano then filed a small claims court suit against Stebbens, which Cano won.

Stebbens appealed, and the case moved to the Superior Court.

During the 2023 trial, Deputy County Counsel Ann Duggan argued that the county needed to charge for all cost related to the recount to avoid “frivolous recounts.”

“We were willing to pay for any additional costs the county incurred as per the election code regulations,” Stebbens said. “This would be a reimbursement of costs, not where the county would be making a profit by charging us for costs the county already incurred for full-time salaried elections staff.”

Even though Stebbens pointed out multiple issues in which she asserted Cano overcharged her, for example a charge for a court filing that did not occur, the judge said she lacked the jurisdiction to consider Stebbens’ claim for reimbursement of additional false charges.

 


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It is disappointing for average taxpayers to see how little regard these elected bureaucrats have for the public they are supposed to be serving, and the actions of SLO County Clerk Recorder Elaina Cano show that voters ought to remove her from office.


It is dangerous, even deadly, to assume that those people we put in positions of responsibility will, in fact, act responsibly.


13

It’s my understanding that Ms. Cano is trying to save taxpayers money — and in fact, already has saved the county tens of thousands of dollars by making sure this election denier Paid for the cost of her misguided effort to invalidate a fair election.


-5

How about a 15 year moratorium on law schools… maybe twenty five….


1

I am grateful for Ms Cano who is fighting the good fight in order to save taxpayers money in the face of those who wish to short circuit our democratic process with misguided claims of election fraud.


-25

Some people would say little about a close county supervisor’s race where just .06% (14 votes) determines the outcome, as was the case in Bruce Gibson’s win over Dr. Bruce Jones in the 2022 election for 2nd District Supervisor. Others would want confirmation. If Heather Moreno’s lead over Susan Funk was similarly .06% in the current election, that means she would have just a 10-vote lead. I find it highly implausible that if Susan Funk was trailing Heather Moreno by such a small margin there would be no motivation among the activist Leftist wing of SLO democrats to mobilize and do what was necessary to demand/force a recount.


4

What is it about how long it is taking our Cano to resolve the results of our elections? When I ran for and won a seat on the SLO City Council in 1971, we knew that we had won the race by 9 PM the night in the election. Fast forward to today, and it has taken nearly 3 suspensive weeks to declare the winner of the Moreno/Funk race for County Supervisor of District 4. Could something be rotten in our local election’s office? Explanation please!!!


63

The threat of litigation slow processes down. I would rather have a slow count that avoids the courts and hopefully reduces County costs. Btw, 1971 is 53 years ago. Change is inevitable. Sometimes for the worse. Often for the better. The key is to retain a positive outlook, adapting to life’s ever evolving patterns. Groove on,


-25

Well, 1971 was quite a while ago. There were significantly less people voting. The ballot might have had less measures to consider. You might have an unpopular opponent, thereby making it easier to call the race. It was a city election not a county election. As I understand it, they are not allowed to begin counting prior to the polls closing at 8 PM, so having an election buttoned up by 9:00 PM seems a stretch. Finally, it was pre Prop 13 so the county could hire as many elections staff as needed.


That is not to say 3 weeks seems painfully slow.


-6

Voters remember this when she comes up again for election…We deserve better!!


22

Cano continues to prove she’s a loser.


20

“Well, we weren’t caught over-charging for work we never did, so we don’t have to pay it back.”–Elaina Cano


50

Where did this Cano come from? What are her credentials? It seems that all written about her is that she is on the wrong side of correct.


60

But she is on the right side of the current board majority, that is all that is needed, ability, honesty and quailty of work not required.


44

She’s a personal friend of Bruce Gibson.


44

Why is that a problem? Are politicians not allowed to have friends?


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