Tuesday, September 14, 2010

Standard-Examiner: Salomon Center Fundraiser Free-For-All

All hell breaks loose this morning in the Weber County Commission Seat "B" race

Amidst a 2010 General Election season which has been heretofore strangely quiet, all hell breaks loose this morning in the Weber County Commission Seat "B" race. It appears that Boss Godfrey, who has a history of using the Salomon Center as a venue for political fundraising activity, has gotten himself involved in c0-hosting yet another political fundraiser at Ogden's Downtown Fun Center. Here's the skinny from the Standard-Examiner:
Fundraiser free-for-all / Charges fly over Salomon Center political event in Wicks-Gibson commission race
The Salt Lake Tribune is all over the story too:
Democratic candidate alleges illegal use of city-owned facilities
Among other things, Democratic Party commission candidate Amy Wicks suggests that Boss Godfrey's role in co-hosting this latest Salomon Center campaign event amounts to a violation of Utah Code Section 10-3-1108 and Ogden City Code Section 2-6-13, which provide as follows in pertinent part:
10-3-1108. Political activity of municipal officer or employee... (2) Except as otherwise provided by federal law... (d) a municipal officer or employee may not use municipal equipment while engaged in political activity.

2-6-13: POLITICAL ACTIVITY:... C. Restricted Activities: No officer or employee of the city shall:... 2. Use, or allow to be used, any city equipment while engaged in any political activity.
Judging from an examination of supporting documents published on the SE site, it appears that the Godfrey Administration is adopting a a highly legalistic defensive posture in this matter, arguing that this campaign event is actually being sponsored by the tenant in possession, Gary Nielson, and not by Mayor Godfrey. The fly in the ointment with respect to that posture, of course, is that Boss Godfrey is prominently billed as a co-host for the event:

Wicks also maintains that use of the Salomon Center for political purposes is prohibited under state and local laws that prevent municipal officers or employees from using municipal equipment while engaged in political purposes.
Those laws are being violated because Godfrey is a member of the host committee for Gibson's fundraiser at the Salomon Center, Wicks said.

Although it's a little early in the game to offer our own legal analysis on this subject, we will invite our gentle readers to chime in with their own comments and observations.

So what about it, O Gentle Ones? Does Boss Godfrey's role as an event co-host convey upon him a possessory interest sufficient to run afoul of the state statute and city ordinance set forth above? And what about Godfrey's ethical posture in this matter? Does Godfrey's self-professed "right to support any political candidate [he] choose[s]" override his ethical obligation to avoid using city-owned property in a manner which arguably inures to his own self-serving political benefit?

Who will be the first to throw in their ever-savvy 2¢?

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