And no, Gentle Readers... Congress (unfortunately) DID NOT vote to "scrap" Utah Senator-For-Life Orrin Hatch
Good news for politically ambitious state and local public servants this morning, as the Salt Lake Tribune reports that "Congress gave its final approval to a bill Wednesday that would allow local officials who oversee some federal funds to run for public office, legislation that is in part based on the ouster of former Ogden Police Chief Jon Greiner":
This action comes too late of course to save Chief Greiner's political neck; but looking down the road, this common sense congressional legislative tweak will no doubt eliminate much of the silliness which has unnecessarily sullied the political dialogue in recent local Utah election races.
"The new law maintains the prohibition on federal employees running for office but won’t stop people who work in other organizations that receive federal grants for running for partisan offices," according to this morning's Matt Canham story.
And no, Gentle Readers... Congress unfortuntely DID NOT vote to "scrap" Utah Senator-For-Life Orrin Hatch, which probably wouldn't have been a half-bad idea however, now that we think about it.
Update 12/21/12 9:00 a.m.: This morning's Stamdard-Examiner carries the story too:
The only remaining loose end? The president's signature.
Showing posts with label Greiner Hatch Act. Show all posts
Showing posts with label Greiner Hatch Act. Show all posts
Thursday, December 20, 2012
Thursday, May 17, 2012
Salt Lake Tribune: Utah Chief Poster Child for Hatch Act Problem
Regular Weber County Forum readers will recall Former Ogden Police Chief Jon Greiner's valiant Hatch Act fight, and how after years of gruelingly expensive litigation, the whole situation didn't work out so well, either for Jon Greiner, or for the beleaguered citizens of Ogden City either.
Well, the Hatch Act fight ain't over folks, according to this morning's Salt Lake Tribune story:
So how would you characterize Jon Greiner at this point, Weber County Forum readers?
Is Greiner a hero... or a zero?
Don't let the cat get yer tongues, folks.
Well, the Hatch Act fight ain't over folks, according to this morning's Salt Lake Tribune story:
So how would you characterize Jon Greiner at this point, Weber County Forum readers?
- Arrogant Godfrey Administration scofflaw? or,
- Brave Civil rights freedom fighter?
Is Greiner a hero... or a zero?
Don't let the cat get yer tongues, folks.
Tuesday, January 10, 2012
Salt Lake Tribune: Ex-police Chief Gets Severance, While Insurer Pays Ogden’s Legal Fees
Legal fees to defend Greiner: $293,000
Submitted by: Dan Schroeder
Blockbuster update to yesterday's Weber County Forum story from Chris Smart over at the Trib. The legal fees to defend against the Hatch Act accusation cost the city's insurer $293,000:
And according to a Standard-Examiner article from April 2010, the city will eventually have to reimburse all of that money:
Submitted by: Dan Schroeder
Blockbuster update to yesterday's Weber County Forum story from Chris Smart over at the Trib. The legal fees to defend against the Hatch Act accusation cost the city's insurer $293,000:
And according to a Standard-Examiner article from April 2010, the city will eventually have to reimburse all of that money:
The Utah Risk Management Mutual Association, the city's insurance carrier, is paying Jim Bradshaw, a lawyer defending Greiner, and Stan Preston, an attorney representing the city administration. However, as part of URMMA's recapture loss program, the city will be required to fully reimburse the organization for defense costs, Patterson said. For each year that Bradshaw and Preston provide legal representation, he said, the city will be given five years to repay URMMA.So it would have been cheaper to just pay the $215,000 fine than to fight this. Of course, Mayor "John Paul Jones" Godfrey always prefers to fight.
Monday, January 09, 2012
Standard-Examiner: Greiner Severance Package Totals $77,300
Sodden Reader Query: Did the concerted acts of both Greiner and Boss Godfrey paint incoming Mayor Mike Caldwell so deeply into a corner that Caldwell has no alternative but to "go along" with what some might characterise as Greiner's Golden parachute?
This morning's Standard-Examiner is running a story this morning which is bound to give fiscally frugal Ogden City taxpayers heartburn, as Scott Schwebke reports that one of the final acts of the Boss Godfrey administration was the awarding of a $77,300 severance package to Chief Greiner, who was "fired from his job last month because of a federal Hatch Act violation." Here's the lede:
At least one of our WCF readers was earlier wondering why Greiner's involuntary termination might entitle him to a severance pay package, inasmuch as he was "fired for cause," i.e., "because of a federal Hatch Act violation."
Being the curious type, and intrigued by our gentle reader's query, we "googled" the underlying rules, of course.
Turning to the Ogden City Code, we find that the provisions governing Ogden City employee "Classification and Pay Plans" are governed by Ogden City Code Section 2-6-9.
The rules for the denial of of severance pay benefits to "involuntarily terminated" Ogden City employee are spelled out in Subsection F.
It does seem to us that there is one provision within that subsection which might operate to prohibit the payment of a severance package to Chief Greiner, although it's a mite thin, in our view:
So what about it Gentle readers? When you apply the above general definitions and principles of law to the facts of the Greiner Hatch Act problem, can an valid argument be made that Greiner's severence package is prohibited by the Ogden City Code, due to acts of nonfeasance, misfeasance or malfeasance on Greiner's part? In ignoring the demands of the federal Office of Special Council in 2006 to either drop out of his State Senate race, or alternatively to resign his office as Ogden's Chief of Police, did Greiner wilfully or negligently breach a duty owed to his employer, Ogden City, to refrain from a course of action which would jeopardise Ogden City's federal grant funding? Did Greiner's good-faith exercise of what we've called on WCF the Richard Perkins defense (Ogden's Hatch Act Compliance Program) operate as an excuse for his failure to heed the OSC's warnings? Did Ogden City's failure to fire Greiner early on, and instead to cooperatively join with Greiner in his Hatch Act litigation obviate any argument that Greiner acted in a manner which could deny him a severance package? Is Boss Godfrey's eleventh hour agreement to a severance "payout [which] equals six months of Greiner's salary and accrued health, dental, vacation, vehicle and retirement benefits" anything more than the last minute looting of the Ogden City treasury, or did the concerted acts of both Greiner and Boss Godfrey paint incoming Mayor Mike Caldwell so deeply into a corner that Caldwell has no alternative but to "go along" with what some might characterize as Greiner's Golden Parachute? Is Greiner's severance pay award just another example of Godfrey's fast-collapsing "House of Cards," which we wrote about yesterday?
So many questions... so few answers...
Who'll be the first to toss in their own 2¢?
Nothing better than a little mental exercise to clear out the Monday morning mental cobwebs, right?
This morning's Standard-Examiner is running a story this morning which is bound to give fiscally frugal Ogden City taxpayers heartburn, as Scott Schwebke reports that one of the final acts of the Boss Godfrey administration was the awarding of a $77,300 severance package to Chief Greiner, who was "fired from his job last month because of a federal Hatch Act violation." Here's the lede:
OGDEN -- Former Police Chief Jon Greiner, who was fired from his job last month because of a federal Hatch Act violation, will receive a severance package from the city with a gross value of $77,300.Check out the full story here:
The package stems from a settlement agreement Greiner and former Mayor Matthew Godfrey signed Dec. 30, according to records obtained by the Standard-Examiner.
The payout equals six months of Greiner's salary and accrued health, dental, vacation, vehicle and retirement benefits.
In exchange for the severance package, Greiner has released the city from any future legal claims.
The severance package given to Greiner is standard for all city department directors, Mayor Mike Caldwell said.
At least one of our WCF readers was earlier wondering why Greiner's involuntary termination might entitle him to a severance pay package, inasmuch as he was "fired for cause," i.e., "because of a federal Hatch Act violation."
Being the curious type, and intrigued by our gentle reader's query, we "googled" the underlying rules, of course.
Turning to the Ogden City Code, we find that the provisions governing Ogden City employee "Classification and Pay Plans" are governed by Ogden City Code Section 2-6-9.
The rules for the denial of of severance pay benefits to "involuntarily terminated" Ogden City employee are spelled out in Subsection F.
It does seem to us that there is one provision within that subsection which might operate to prohibit the payment of a severance package to Chief Greiner, although it's a mite thin, in our view:
3. Prohibition: Severance pay shall not be paid to an otherwise eligible employee who:The terms nonfeasance, misfeasance or malfeasance are technical "words of art"of course. Click the links below for some commonly-used general definitions:
a. Has been terminated or requested to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office
So what about it Gentle readers? When you apply the above general definitions and principles of law to the facts of the Greiner Hatch Act problem, can an valid argument be made that Greiner's severence package is prohibited by the Ogden City Code, due to acts of nonfeasance, misfeasance or malfeasance on Greiner's part? In ignoring the demands of the federal Office of Special Council in 2006 to either drop out of his State Senate race, or alternatively to resign his office as Ogden's Chief of Police, did Greiner wilfully or negligently breach a duty owed to his employer, Ogden City, to refrain from a course of action which would jeopardise Ogden City's federal grant funding? Did Greiner's good-faith exercise of what we've called on WCF the Richard Perkins defense (Ogden's Hatch Act Compliance Program) operate as an excuse for his failure to heed the OSC's warnings? Did Ogden City's failure to fire Greiner early on, and instead to cooperatively join with Greiner in his Hatch Act litigation obviate any argument that Greiner acted in a manner which could deny him a severance package? Is Boss Godfrey's eleventh hour agreement to a severance "payout [which] equals six months of Greiner's salary and accrued health, dental, vacation, vehicle and retirement benefits" anything more than the last minute looting of the Ogden City treasury, or did the concerted acts of both Greiner and Boss Godfrey paint incoming Mayor Mike Caldwell so deeply into a corner that Caldwell has no alternative but to "go along" with what some might characterize as Greiner's Golden Parachute? Is Greiner's severance pay award just another example of Godfrey's fast-collapsing "House of Cards," which we wrote about yesterday?
So many questions... so few answers...
Who'll be the first to toss in their own 2¢?
Nothing better than a little mental exercise to clear out the Monday morning mental cobwebs, right?
Wednesday, December 28, 2011
Breaking: Greiner Out As Ogden's Police Chief - Updated
By Smattguy:
Hot off the press... Dateline Ogden Wed, 12/28/2011 - 4:36pm... Per the Standard-Examiner: GREINER FIRED!!!
No word whether Ogden City will foot the bill for a further Federal District Court appeal.
Who'll be the first to comment?
Update 12/28/11 6:27 p.m.: The Salt Lake Tribunes's Christopher Smart is all over this story, too:
"The decision on whether to appeal the Merit System Protection Board’s ruling in federal court was up to Ogden Mayor-elect Mike Caldwell," according to the SLTrib.
Hot off the press... Dateline Ogden Wed, 12/28/2011 - 4:36pm... Per the Standard-Examiner: GREINER FIRED!!!
No word whether Ogden City will foot the bill for a further Federal District Court appeal.
Who'll be the first to comment?
Update 12/28/11 6:27 p.m.: The Salt Lake Tribunes's Christopher Smart is all over this story, too:
"The decision on whether to appeal the Merit System Protection Board’s ruling in federal court was up to Ogden Mayor-elect Mike Caldwell," according to the SLTrib.
Tuesday, December 20, 2011
Returning the WCF Spotlight to the Jon Greiner Hatch Act Predicament
If you haven't yet voted, click the poll link below
With a mere 10 days remaining before the deadline for the filing of a U.S. District Court appeal, there's more action on the Jon Greiner Hatch Act story this morning, as the Standard-Examiner editorial page features this emotionally charged letter from one irate South Ogden City resident, who writes "in support of upholding the Hatch Act and firing Chief Jon Greiner." Although Ms. Francis goes a little overboard in conflating Greiner's Hatch Act predicament with Ogden's (perfectly legal, although ethically questionable) "double-dipping" problem and although she makes what we'd consider to be entirely unfounded accusations about "dishonesty and misuse of federal and state tax dollars for himself and his special handful of unlawful officers," we'll nevertheless put the focus on Ms. Francis's morning letter, because we believe she is correct in her major premise (taking into account the evidence that that Greiner had "signed off" on a half-dozen federal grants during his 2006 Utah Senate campaign), i.e., that the federal Office of Special Counsel has made the prima facia case for Greiner's violation of the Hatch Act, and that Mayor-elect Mike Caldwell should "do the right thing and let Greiner go":
And while we're on this topic again, we'll also shine the spotlight on several of the other Greiner/Hatch Act topical letters which are lighting up the S-E online website, but which haven't found their way to the S-E hardcopy edition, (at least not yet.)
In this brief and concise 12/14/11 S-E submission, Harrisville resident William Hart raises the "indispensability" issue, and further opines that Ogden's "good ole' boy system is inefficient," and that OPD leadership could benefit from "fresh management" and "renewal":
As to Mr. Hart's points, we're absolutely certain that lower ranking Ogden police officers, who've been stymied in their efforts to move up the OPD career-advancement ladder, couldn't be more in agreement.
And last but not least, we'll direct our readers' attention to this trulycrazy cranky online letter, penned by prominent Ogden businessman and sometimes real estate developer J. Kelly Goddard, who takes strong exception to the Standard's strong December 14 editorial and accompanying Grondahl editorial page cartoon. His solution to the Greiner dilemma? Round up a crowd of his pro-Greiner rich guy "mover and shaker" friends to "buy" our home town newspaper and then "shut it down." If you're thinking that Mr. Goddard fancies himself as part of the 1%, you'd be most certainly right, wethinks:
In truth, we're not quite sure what to make of Mr. Goddard's letter. What about it, WCF readers? Is Goddard simply engaging in a little "hyperbolic venting," or should Standard-Examiner management genuinely consider this a not-so-veiled threat?
Here's a new screen-shot of the Standard's still ongoing poll, by the way, where the S-E poses the question, "How do you think Ogden should handle the Jon Greiner situation?" Turns out that a whopping 85% (of 160 respondents) go along with Ms. Francis, Mr. Hart and the Standard and believe that Greiner should go:
If you haven't yet voted, click the poll link below:
That's it for now, O Gentle Ones.
Who'll be the first to throw in their own 2¢?
With a mere 10 days remaining before the deadline for the filing of a U.S. District Court appeal, there's more action on the Jon Greiner Hatch Act story this morning, as the Standard-Examiner editorial page features this emotionally charged letter from one irate South Ogden City resident, who writes "in support of upholding the Hatch Act and firing Chief Jon Greiner." Although Ms. Francis goes a little overboard in conflating Greiner's Hatch Act predicament with Ogden's (perfectly legal, although ethically questionable) "double-dipping" problem and although she makes what we'd consider to be entirely unfounded accusations about "dishonesty and misuse of federal and state tax dollars for himself and his special handful of unlawful officers," we'll nevertheless put the focus on Ms. Francis's morning letter, because we believe she is correct in her major premise (taking into account the evidence that that Greiner had "signed off" on a half-dozen federal grants during his 2006 Utah Senate campaign), i.e., that the federal Office of Special Counsel has made the prima facia case for Greiner's violation of the Hatch Act, and that Mayor-elect Mike Caldwell should "do the right thing and let Greiner go":
And while we're on this topic again, we'll also shine the spotlight on several of the other Greiner/Hatch Act topical letters which are lighting up the S-E online website, but which haven't found their way to the S-E hardcopy edition, (at least not yet.)
In this brief and concise 12/14/11 S-E submission, Harrisville resident William Hart raises the "indispensability" issue, and further opines that Ogden's "good ole' boy system is inefficient," and that OPD leadership could benefit from "fresh management" and "renewal":
As to Mr. Hart's points, we're absolutely certain that lower ranking Ogden police officers, who've been stymied in their efforts to move up the OPD career-advancement ladder, couldn't be more in agreement.
And last but not least, we'll direct our readers' attention to this truly
In truth, we're not quite sure what to make of Mr. Goddard's letter. What about it, WCF readers? Is Goddard simply engaging in a little "hyperbolic venting," or should Standard-Examiner management genuinely consider this a not-so-veiled threat?
Here's a new screen-shot of the Standard's still ongoing poll, by the way, where the S-E poses the question, "How do you think Ogden should handle the Jon Greiner situation?" Turns out that a whopping 85% (of 160 respondents) go along with Ms. Francis, Mr. Hart and the Standard and believe that Greiner should go:
Click to enlarge image
If you haven't yet voted, click the poll link below:
That's it for now, O Gentle Ones.
Who'll be the first to throw in their own 2¢?
Friday, December 16, 2011
Standard-Examiner Letter to the Editor: Ogden Should Stand Up Against Hatch Act
Sodden Query: Will Mayor Elect Mike Caldwell pick up on the latest polling results in re Firing Chief Greiner? If not, we predict his administration will have "a long haul."
On Thursday last, we predicted what we expected to be "a series of stories and letters to the editor attempting to justify Boss Godfrey's percipient filing of an appeal with the U.S. District Court of Monday's adverse ruling, wherein the federal Merit Systems Protection Board "upheld a judge’s 2010 ruling that the city must remove Ogden Police Chief Jon Greiner or forfeit about $215,000 in federal grants because of a violation of the Hatch Act."
Turning to the Standard editorial page this morning, just like clockwork, that's just exactly what we're getting this morning, with some guy from North Ogden (of all places), calling upon our local officials to stand up for Chief Greiner and say to the federal government, "Quit trying to "bully" us, and cram your bias, politically motivated opinions down our throats":
"Mayor, don't let the federal government "bully" us this time, or it will never end," adds the slightly foamy-at-the-mouth North Ogden resident Dee J. Russell, hitting his lame "key talking point" again for extra emphasis.
When it comes to specific suggestions about how to deal the the legal predicament Chief Greiner and Boss Godfrey find themselves in, other than to generally resist the "bullying," Mr. Russel unfortunately comes up a little bit short. We'll however assume that he's NOT suggesting that Boss Godfrey roll over and fire Da Chief, who's also "served Ogden city and the state of Utah and the federal government in the armed services with Honor" (Mr. Russell also reminds us).
For a neat and tidy list of all the possible options available to Boss Godfrey, we'll refer back to another this WCF article of last week, which provided a link to a still ongoing Standard-Examiner poll, which asks the timely and probing question:
We visited the SE site just a coupla minutes ago, by the way, and took a screenshot of the poll results to date, where 85% of 156 SE reader/respondents haven't bought into Mr. Russell's B.S. and unequivocally opine that "Greiner Must Go":
These interim results mean that this "lame ass" Mr. Russell's an "outlier," no?
Sodden Query: Will Mayor Elect Mike Caldwell have the political wisdom to pick up on this? If not, we predict his administration will have "a long haul" even from the get-go.
Comments, anyone?
On Thursday last, we predicted what we expected to be "a series of stories and letters to the editor attempting to justify Boss Godfrey's percipient filing of an appeal with the U.S. District Court of Monday's adverse ruling, wherein the federal Merit Systems Protection Board "upheld a judge’s 2010 ruling that the city must remove Ogden Police Chief Jon Greiner or forfeit about $215,000 in federal grants because of a violation of the Hatch Act."
Turning to the Standard editorial page this morning, just like clockwork, that's just exactly what we're getting this morning, with some guy from North Ogden (of all places), calling upon our local officials to stand up for Chief Greiner and say to the federal government, "Quit trying to "bully" us, and cram your bias, politically motivated opinions down our throats":
"Mayor, don't let the federal government "bully" us this time, or it will never end," adds the slightly foamy-at-the-mouth North Ogden resident Dee J. Russell, hitting his lame "key talking point" again for extra emphasis.
When it comes to specific suggestions about how to deal the the legal predicament Chief Greiner and Boss Godfrey find themselves in, other than to generally resist the "bullying," Mr. Russel unfortunately comes up a little bit short. We'll however assume that he's NOT suggesting that Boss Godfrey roll over and fire Da Chief, who's also "served Ogden city and the state of Utah and the federal government in the armed services with Honor" (Mr. Russell also reminds us).
For a neat and tidy list of all the possible options available to Boss Godfrey, we'll refer back to another this WCF article of last week, which provided a link to a still ongoing Standard-Examiner poll, which asks the timely and probing question:
We visited the SE site just a coupla minutes ago, by the way, and took a screenshot of the poll results to date, where 85% of 156 SE reader/respondents haven't bought into Mr. Russell's B.S. and unequivocally opine that "Greiner Must Go":
Click image to enlarge
These interim results mean that this "lame ass" Mr. Russell's an "outlier," no?
Sodden Query: Will Mayor Elect Mike Caldwell have the political wisdom to pick up on this? If not, we predict his administration will have "a long haul" even from the get-go.
Comments, anyone?
Tuesday, December 13, 2011
Standard-Examiner Editorial: OUR VIEW: Greiner Must Go - Updated
Dump the chief... Good job, Std-Ex
By: Ray
From this afternoon's Standard-Examiner editorial:
The Standard Examiner is right on! This online article goes on to make a strong case for Mayor elect Caldwell to do the right thing. Dump the chief. Good job, Std-Ex.
Update 12/14/11 7:24 a.m.: The above-linked editorial has this morning found its way to the SE hard-copy edition.
By: Ray
From this afternoon's Standard-Examiner editorial:
Ogden city Police Chief Jon Greiner needs to end his tenure as Ogden's police chief, and Ogden's mayor-elect, Mike Caldwell, needs to be the one who states that forcefully.Read the full editorial here:
The Standard Examiner is right on! This online article goes on to make a strong case for Mayor elect Caldwell to do the right thing. Dump the chief. Good job, Std-Ex.
Update 12/14/11 7:24 a.m.: The above-linked editorial has this morning found its way to the SE hard-copy edition.
Monday, December 12, 2011
Standard-Examiner: Officials Still Weighing Options After Hatch Act Ruling Against Ogden Police Chief
Added Bonus: Why not mosey on over the the Standard-Examiner website, where our home town newspaper is running a poll?
The Standard-Examiner is back on the Jon Greiner Hatch Act story again this morning, under the hard-copy edition front page headline, "Greiner deadline looms." Here's the lede:
Greiner and the Godfrey administration continue to dawdle on this problem, perhaps hanging their hats on the possible legal precedence of a 2004 Merit System Protection Board case, wherein "[Administrative Law] Judge William G. Kocol found that the [Henderson, Nevada] city's [Hatch Act] compliance program removed [Nevada Assemblyman and Henderson City Assistant Police Chief Richard] Perkins from any interaction with federal funds, and thus kept him in compliance with the law":
In 2006, Ogden City belatedly initiated a similar Hatch Act Compliance Program, of course, stripping Greiner's authority for the administration of any federal grants, and ostensibly transferring all such authority into the hands of then-Ogden Chief Administrative Officer (CAO) John "Pureheart" Patterson.
The legal fly on the ointment in Greiner's case is that at the time Greiner commenced his 2006 Utah Senate campaign, and prior to the time that the Godfrey Administration adopted its own Hatch Act Compliance Program, Greiner had already "signed off on a half-dozen federal grants worth more than $1 million and already in place," a fact which fatally distinguishes Greiner's situation from that of Nevada Assemblyman Richard Perkins.
For a little more background, check out this 2008 Weber County Forum article which we posted on this subject:
While we can't predict how this will eventually all work out, we've already opined on this subject. Given the choice between 1) throwing Greiner overboard and 2) forfeiting $215 thousand in federal grants (and racking up further taxpayer-funded legal expenses) the rational course of action is a true "no brainer," wethinks:
That's it for now, O Gentle Ones.
Have at it.
Update 12/12/11 3:00 p.m.: For the curious among us, you should navigate to this SE page, where the latest results of today's latest SE online poll are fully revealed:
Looks like upwards of 80% of the poll respondents are into "shuffling Jon Greiner off to Buffalo" No?
The Standard-Examiner is back on the Jon Greiner Hatch Act story again this morning, under the hard-copy edition front page headline, "Greiner deadline looms." Here's the lede:
OGDEN -- No decision has yet been made by city officials regarding the status of Police Chief Jon Greiner, according to Mayor Matthew Godfrey.Here's the online edition version:
Greiner remains on the job despite a U.S. Merit Systems Protection Board ruling that the city must fire him by the end of the month or forfeit $215,000 in federal grants because of a Hatch Act violation.
Greiner and the Godfrey administration continue to dawdle on this problem, perhaps hanging their hats on the possible legal precedence of a 2004 Merit System Protection Board case, wherein "[Administrative Law] Judge William G. Kocol found that the [Henderson, Nevada] city's [Hatch Act] compliance program removed [Nevada Assemblyman and Henderson City Assistant Police Chief Richard] Perkins from any interaction with federal funds, and thus kept him in compliance with the law":
In 2006, Ogden City belatedly initiated a similar Hatch Act Compliance Program, of course, stripping Greiner's authority for the administration of any federal grants, and ostensibly transferring all such authority into the hands of then-Ogden Chief Administrative Officer (CAO) John "Pureheart" Patterson.
The legal fly on the ointment in Greiner's case is that at the time Greiner commenced his 2006 Utah Senate campaign, and prior to the time that the Godfrey Administration adopted its own Hatch Act Compliance Program, Greiner had already "signed off on a half-dozen federal grants worth more than $1 million and already in place," a fact which fatally distinguishes Greiner's situation from that of Nevada Assemblyman Richard Perkins.
For a little more background, check out this 2008 Weber County Forum article which we posted on this subject:
While we can't predict how this will eventually all work out, we've already opined on this subject. Given the choice between 1) throwing Greiner overboard and 2) forfeiting $215 thousand in federal grants (and racking up further taxpayer-funded legal expenses) the rational course of action is a true "no brainer," wethinks:
It's time for Boss Godfrey to face the music. Godfrey and Greiner "rolled the dice" and "crapped out". The Ogden City taxpayers should not bear the further burden of Chief Greiner's (and Boss Godfrey's) legalistic bravado, with $215 thousand in federal grants at stake and big-time legal expenses continuing to accrue.And for those WCF readers who'd similarly like to publicly express their own views, why not mosey on over the the Standard-Examiner website, where our beloved home town newspaper is running a poll which propounds this most-timely query:
That's it for now, O Gentle Ones.
Have at it.
Update 12/12/11 3:00 p.m.: For the curious among us, you should navigate to this SE page, where the latest results of today's latest SE online poll are fully revealed:
Looks like upwards of 80% of the poll respondents are into "shuffling Jon Greiner off to Buffalo" No?
Thursday, December 08, 2011
Standard-Examiner: Overall Hatch Act Questioned by Director of Federal Agency
The Ogden City taxpayers should not bear the further burden of Chief Greiner's (and Boss Godfrey's) legalistic bravado
Don't get us wrong, O Gentle Ones. We believe Jon Greiner's been one helluva good police chief... the best in modern times, perhaps. Unfortunately however, his case (and the city's case as well) is hemmed in by the underlying facts, which regrettably demonstrate that "Greiner violated the Hatch Act because he signed off on a half-dozen federal grants, valued at more than $1 million, that were already in place during his successful 2006 state Senate bid."
Even assuming that the Hatch Act were to be amended by congress to "allow state and local employees to campaign for elected offices in partisan political races," such a result would not affect the outcome of Greiner's case at all, inasmuch as he's bound by the law that was in effect in the time of the violations, as Ms. O'Hanlon accurately states in the quote above.
As we opined in Tuesday's WCF article, it's time for Ogden City's administration to "do what's right," and "cut the taxpayers' losses." Unfortunately, it's clear that one way or the other, Greiner must go.
While some (Godfrey for instance) may argue that Chief Greiner is "indispensible" in his role as Ogden City Chief of Police, we'll remind our readers of what one great WWII general and revered French patriot had to say on the subject:
It's time for Boss Godfrey to face the music. Godfrey and Greiner "rolled the dice" and "crapped out". The Ogden City taxpayers should not bear the further burden of Chief Greiner's (and Boss Godfrey's) legalistic bravado, with $215 thousand in federal grants at stake and big-time legal expenses continuing to accrue.
And Chief Greiner should look at the bright side. Once relieved of the heavy burden of administering the OPD, triple-dipper Greiner will still have several well-funded retirement accounts to "milk," and plenty of extra free time to perfect his golf game.
Update 12/8/11 12:30 p.m.: The Salt Lake Tribune's Christopher Smart is all over the story, too:
The Hatch Act injects the federal government into state and local contests thousands of times a year, its penalties are inflexible and sometimes unfair, and it is out-of-date with the 21st-century workplace. There's bipartisan consensus that this law needs an update.
Carolyn Lerner, Director, U.S. Office of Special Counsel
Overall Hatch Act questioned by director of federal agency
December 8, 2011
Passage of [a Hatch Act] amendment would not reverse a recent Merit Systems Protection Board ruling involving Greiner.
Ann O'Hanlon, Spokeswoman, Office of Special Counsel
Overall Hatch Act questioned by director of federal agency
December 8, 2011
Don't get us wrong, O Gentle Ones. We believe Jon Greiner's been one helluva good police chief... the best in modern times, perhaps. Unfortunately however, his case (and the city's case as well) is hemmed in by the underlying facts, which regrettably demonstrate that "Greiner violated the Hatch Act because he signed off on a half-dozen federal grants, valued at more than $1 million, that were already in place during his successful 2006 state Senate bid."
Even assuming that the Hatch Act were to be amended by congress to "allow state and local employees to campaign for elected offices in partisan political races," such a result would not affect the outcome of Greiner's case at all, inasmuch as he's bound by the law that was in effect in the time of the violations, as Ms. O'Hanlon accurately states in the quote above.
As we opined in Tuesday's WCF article, it's time for Ogden City's administration to "do what's right," and "cut the taxpayers' losses." Unfortunately, it's clear that one way or the other, Greiner must go.
While some (Godfrey for instance) may argue that Chief Greiner is "indispensible" in his role as Ogden City Chief of Police, we'll remind our readers of what one great WWII general and revered French patriot had to say on the subject:
"The cemeteries are full of indispensable men." -- Charles De Gaulle
It's time for Boss Godfrey to face the music. Godfrey and Greiner "rolled the dice" and "crapped out". The Ogden City taxpayers should not bear the further burden of Chief Greiner's (and Boss Godfrey's) legalistic bravado, with $215 thousand in federal grants at stake and big-time legal expenses continuing to accrue.And Chief Greiner should look at the bright side. Once relieved of the heavy burden of administering the OPD, triple-dipper Greiner will still have several well-funded retirement accounts to "milk," and plenty of extra free time to perfect his golf game.
Update 12/8/11 12:30 p.m.: The Salt Lake Tribune's Christopher Smart is all over the story, too:
Tuesday, December 06, 2011
Breaking News From the Standard-Examiner -- Feds: Ogden Police Chief Jon Greiner Must Go
First item of business for Mayor-elect Mike Caldwell, once he takes the oath of office on Jan 3, 2012? Firing Chief Greiner, that's what
Bad News for Boss Godfrey and Jon Greiner, Godfrey's Chief of Police. The Standard-Examiner is now reporting that federal Merit Systems Protection Board has rejected Chief Greiner's Hatch Act appeal. Here's Scott Schwebke's lede:
Turns out that the Standard-Examiner was right. And Utah Attorney General Mark Shurtleff was wrong, of course, (as usual). Clearly, Greiner should have been cut loose and given his "walking papers" long ago.
We don't know how much this frivolous appeal has cost Ogden City taxpayers since its filing in 2010, but you can bet the farm that it's a boatload of cash. Upper five figures (at least) would be our educated guess.
First item of business for Mayor-elect Mike Caldwell, once he takes the oath of office on Jan 3, 2012? Firing Chief Greiner, that's what. This Hatch Act litigation nonsense has gone on for WAY too long.
Mayor Caldwell now has an early opportunity to set the tone for his administration by simply doing what's right, and cutting the taxpayers' losses.
We'll obviously be watching closely, folks.
Bad News for Boss Godfrey and Jon Greiner, Godfrey's Chief of Police. The Standard-Examiner is now reporting that federal Merit Systems Protection Board has rejected Chief Greiner's Hatch Act appeal. Here's Scott Schwebke's lede:
OGDEN — By a 2 to 1 vote, the federal Merit Systems Protection Board upheld a judge’s 2010 ruling that the city must remove Ogden Police Chief Jon Greiner or forfeit about $215,000 in federal grants because of a violation of the Hatch Act.Read the full story here:
Turns out that the Standard-Examiner was right. And Utah Attorney General Mark Shurtleff was wrong, of course, (as usual). Clearly, Greiner should have been cut loose and given his "walking papers" long ago.We don't know how much this frivolous appeal has cost Ogden City taxpayers since its filing in 2010, but you can bet the farm that it's a boatload of cash. Upper five figures (at least) would be our educated guess.
First item of business for Mayor-elect Mike Caldwell, once he takes the oath of office on Jan 3, 2012? Firing Chief Greiner, that's what. This Hatch Act litigation nonsense has gone on for WAY too long.
Mayor Caldwell now has an early opportunity to set the tone for his administration by simply doing what's right, and cutting the taxpayers' losses.
We'll obviously be watching closely, folks.
Saturday, June 26, 2010
Standard-Examiner: We Need to Stand Behind Ogden Police Chief Jon Greiner
Absolutely precious Boss Godfrey guest editorial up on the Standard website this morning
By Ozboy
Speaking again of our esteemed Ogden City mayor, Boss Godfrey has an absolutely precious guest editorial up on the Standard website this morning, wherein Godfrey tries to defend his spending of hundreds of thousands of tax payer dollars to defend and protect the law-breaking Chief of Police. In it he shows that both he and The Chief have nothing but contempt for the laws of the land that they don't necessarily agree with. Apparently Godfrey believes he and his cronies are above the law, or a law unto themselves:
Update 6/27/10 7:30 a.m.: The above online guest commentary now appears in this morning's hard-copy print edition.
By Ozboy
Speaking again of our esteemed Ogden City mayor, Boss Godfrey has an absolutely precious guest editorial up on the Standard website this morning, wherein Godfrey tries to defend his spending of hundreds of thousands of tax payer dollars to defend and protect the law-breaking Chief of Police. In it he shows that both he and The Chief have nothing but contempt for the laws of the land that they don't necessarily agree with. Apparently Godfrey believes he and his cronies are above the law, or a law unto themselves:
• We need to stand behind Ogden Police Chief Jon GreinerNothing new there actually.
Update 6/27/10 7:30 a.m.: The above online guest commentary now appears in this morning's hard-copy print edition.
Sunday, May 23, 2010
Standard-Examiner: Greiner Ruling Defended in Hatch Act Case
Who wants to lay odds on the prospect of Greiner and Ogden City prevailing on appeal?
Mainly for archival purposes, we will make note of this morning's Scott Schwebke story, which reports that the Office of Special Counsel has filed its responsive pleadings in the Merit Systems Protection Board Hatch Act administrative law appellate matter, Office of Special Counsel v. Jon Greiner and Ogden City. Here's the lede:
often occasionally be "wrong -- horribly, embarrassingly (and laughably?) wrong":
And who wants to lay odds on the prospect of Greiner and Ogden City prevailing on appeal?
Whatever you do, don't let the cat get your tongues.
Mainly for archival purposes, we will make note of this morning's Scott Schwebke story, which reports that the Office of Special Counsel has filed its responsive pleadings in the Merit Systems Protection Board Hatch Act administrative law appellate matter, Office of Special Counsel v. Jon Greiner and Ogden City. Here's the lede:
OGDEN -- An appeal of the ruling that Police Chief Jon Greiner violated the Hatch Act should be rejected, attorneys for the U.S. Office of Special Counsel argue in a 57-page response filed with the federal Merit Systems Protection Board.Among other things, Ace Reporter Schwebke carves out this enlightening and possibly dispositive argument from the Office of Special Counsel Appellee's Brief:
After a three-day hearing in October 2009, Administrative Law Judge Lana Parke found that Greiner violated the Hatch Act because he signed off on a half-dozen federal grants to the police department worth about $1 million that were in place during his successful 2006 campaign for the State Senate.
Greiner and the city filed their appeal last month with the Merit Systems Protection Board to overturn Parke's ruling.
Greiner's appeal states that he was not allowed to call several material witnesses. Among the witnesses were Utah Attorney General Mark Shurtleff and former state Senate President John Valentine, a Republican from Provo, who would have testified they advised Greiner his Senate bid did not violate the Hatch Act.
However, Parke's ruling should stand because Greiner failed to heed warnings from the OSC that he was in violation of the Hatch Act and instead sought advice from Valentine and Shurtleff, the OSC contends.The federal government's lawyers make an excellent point, we think. As a state legislator who's served in the State Senate since 2007, Greiner ought to have been painfully aware that Attorney General Shurtleff's advice can
"It is remarkable that Greiner ignored OSC's warnings and chose to rely on advice from Utah officials with no authority to enforce, and limited knowledge of the Hatch Act," the OSC's response states.
• A word of consolation to Mark Shurtleff on vouchersTwenty/twenty hindsight's not always the best of course, but we'll betcha a brewski at Brewski's that Chief Greiner is wishing he'd consulted with a REAL LAWYER prior to signing off on those "half-dozen federal grants to the police department worth about $1 million that were in place during his successful 2006 campaign for the State Senate," rather than just relying on the free advice of his political pals on Capitol Hill.
And who wants to lay odds on the prospect of Greiner and Ogden City prevailing on appeal?
Whatever you do, don't let the cat get your tongues.
Sunday, May 02, 2010
Standard-Examiner: Jon Greiner/Hatch Act Redux
Plenty of good lumpencitizen common sense is displayed on the SE editorial pages this morning
Sensible John Thompson guest editorial this morning, springboarding off last Tuesday's guest commentary, wherein regular Standard-Examiner guest contributor Neil Humphrey had groused about the federal Office of Special Council's recently zealous Hatch Act enforcement in the Jon Greiner matter:
And while we're on the topic of Jon Greiner and the Hatch Act, here's another sensible SE reader letter with a similar argument, which also appears on this morning's editorial page:
What a shame that we find none of this in Ogden City Hall.
The problem was that if you take, use, oversee, and deal with federal dollars, the feds get to make the rules. If you don't want those dollars, the rules don't apply. You do want them, you have to follow the rules, especially if you're a chief of a police department.
Standard-Examiner Guest Commentary
Column on Hatch Act was off the mark
May 2, 2010
This appeal will further waste money, which Ogden really can not afford and it ranks with the passage this year of several bills by the state legislature that will end up in the courts, and which the state of Utah will lose. As much as we don't like it, federal law trumps state law, and it would be much more realistic and economical to grasp that point sooner rather than later.
Standard-Examiner Reader Letter
Appeal of Hatch Act ruling will further waste money
May 2, 2010
Sensible John Thompson guest editorial this morning, springboarding off last Tuesday's guest commentary, wherein regular Standard-Examiner guest contributor Neil Humphrey had groused about the federal Office of Special Council's recently zealous Hatch Act enforcement in the Jon Greiner matter:
• Column on Hatch Act was off the markOne thing we really appreciate in Emerald City's perennial political candidate, John Thompson... his uncanny ability to drill down the the essential facts and principles, and to not allow himself to get distracted by the collateral B.S.
And while we're on the topic of Jon Greiner and the Hatch Act, here's another sensible SE reader letter with a similar argument, which also appears on this morning's editorial page:
• Appeal of Hatch Act ruling will further waste moneyPlenty of good lumpencitizen common sense is displayed on the SE editorial pages this morning.
What a shame that we find none of this in Ogden City Hall.
Saturday, April 17, 2010
Standard-Examiner: Ogden Will Appeal Hatch Act Ruling That Police Chief Must Resign
Isn't it time for Boss Godfrey to demand Chief Greiner's resignation?
Interesting new developments in the Jon Greiner Hatch Act matter within this morning's Standard-Examiner story, which reports that Ogden City will appeal Administrative Judge Lana Parke's decision that Senator/Chief Greiner violated the Hatch Act by signing off on a half-dozen federal grants that were in place during his Senate campaign:
1) In an April 2 story the Standard-Examiner reported that the Ogden City taxpayers had not been bearing the costs of this very expensive ongoing litigation, and that our insurance premiums would not even go up, as a result of the Ogden City's protracted legal maneuverings:
Special thanks to Ace Reporter Schwebke for digging a little deeper into this issue, and setting the record straight.
2) Like all appellants commencing appeals, Ogden City Administration officials express confidence that they will prevail on appeal. Mr. John "Pureheart" Patterson generally refers to various "procedural and substantive issues":
But lets cut through the legal mumbo-jumbo, folks. Even in the event that this matter is "overturned" on appeal, here's the likely remedy: The upper court will simply order a trial de novo.
And what's the meaning of this to the Emerald City taxpayers?
It means that even if the matter is sent back to the trial court for a brand new trial, attorneys Bradshaw and Preston will still be billing on the clock, and the city's already back-breaking legal bill, (which we've now learned will ultimately be borne by the dumb taxpayers), will continue to mount up.
So we're compelled this morning to ask whether it might be a more wise and fiscally-prudent course of action for the Ogden City Administration to simply demonstrate "the better part of valor," and throw in the towel:
Isn't it time for Boss Godfrey to demand Chief Greiner's resignation?
Yeah... moral victories are great... but such victories ought to be evaluated according to at least a rudimentary a cost v. benefits analysis we believe. And yes. We know Chief Greiner is a fine police chief, folks. But is he so indispensible to the Ogden City Police Department that we're willing to continue to bear the hundreds of thousands of dollars in costs, fees and forfeitures which have accrued, and will inevitably continue to accrue from the stubborn pursuit of this quixotic Hatch Act litigation?
Don't let the cat get your tongues, O Gentle Ones.
Interesting new developments in the Jon Greiner Hatch Act matter within this morning's Standard-Examiner story, which reports that Ogden City will appeal Administrative Judge Lana Parke's decision that Senator/Chief Greiner violated the Hatch Act by signing off on a half-dozen federal grants that were in place during his Senate campaign:
OGDEN -- The city will appeal a judge's ruling that Police Chief Jon Greiner must resign or the municipality will be forced to forfeit about $215,000 in federal grants because of a Hatch Act violation.There are a couple of elements within this morning's story which we believe to be particularly worthy of note:
John Patterson, the city's chief administrative officer, said he's confident Administrative Law Judge Lana Parke's decision last month to side with the U.S. Office of Special Counsel against Greiner will be overturned.
"There are procedural and substantive issues we want to raise through appeal, and we expect to prevail," he said.
1) In an April 2 story the Standard-Examiner reported that the Ogden City taxpayers had not been bearing the costs of this very expensive ongoing litigation, and that our insurance premiums would not even go up, as a result of the Ogden City's protracted legal maneuverings:
The Utah Risk Management Mutual Association, the city's insurance carrier, is paying Jim Bradshaw, a lawyer defending Greiner, and Stan Preston, an attorney representing the city administration, Patterson said. [...]To that reassuring news we breathed a sigh of relief in this April 2 WCF article. Unfortunately for the taxpayers of Ogden City however, Mr. Schwebke this morning reveals new and conflicting information. It turns out, as Scott Schwebke reports, that we were earlier misinformed about who will ultimately bear the burden for the costs and fees associated with this litigation:
The Hatch Act case shouldn't increase the city's annual insurance premium with URMMA, Ball said. Premiums are based on the city's size and number of employees and not on individual claims, he said. The city's URMMA premium in 2009 was about $210,000.
The Utah Risk Management Mutual Association, the city's insurance carrier, is paying Jim Bradshaw, a lawyer defending Greiner, and Stan Preston, an attorney representing the city administration.No surpises here, we suppose. Over the course of the five years we've been following the antics of the Boss Godfrey Administration here at Weber County Forum, we've grown painfully accustomed to receiving such false information.
However, as part of URMMA's recapture loss program, the city will be required to fully reimburse the organization for defense costs, Patterson said. For each year that Bradshaw and Preston provide legal representation, he said, the city will be given five years to repay URMMA.
Special thanks to Ace Reporter Schwebke for digging a little deeper into this issue, and setting the record straight.
2) Like all appellants commencing appeals, Ogden City Administration officials express confidence that they will prevail on appeal. Mr. John "Pureheart" Patterson generally refers to various "procedural and substantive issues":
John Patterson, the city's chief administrative officer, said he's confident Administrative Law Judge Lana Parke's decision last month to side with the U.S. Office of Special Counsel against Greiner will be overturned.Among those "issues" which Mr. Patterson mentions are these:
"There are procedural and substantive issues we want to raise through appeal, and we expect to prevail," he said.
a) Parke prohibited the city from putting Assistant Police Chief Wayne Tarwater on the witness stand during a hearing in October. Tarwater would have testified that he oversees federal grants for the police department, Patterson said.We don't know whether Ogden City will prevail in this case on appeal. If an upper court determines that these alleged defects deprived Mr. Greiner and Ogden City of a fair trial in Judge Parke's court, an upper court might well "overturn" Judge Parke's decision. In a very real sense, an appeal in this matter amounts to a complete crap-shoot.
b) Greiner's signature on grant applications is a mere formality and a requirement for funding, he said.
But lets cut through the legal mumbo-jumbo, folks. Even in the event that this matter is "overturned" on appeal, here's the likely remedy: The upper court will simply order a trial de novo.
And what's the meaning of this to the Emerald City taxpayers?
It means that even if the matter is sent back to the trial court for a brand new trial, attorneys Bradshaw and Preston will still be billing on the clock, and the city's already back-breaking legal bill, (which we've now learned will ultimately be borne by the dumb taxpayers), will continue to mount up.
So we're compelled this morning to ask whether it might be a more wise and fiscally-prudent course of action for the Ogden City Administration to simply demonstrate "the better part of valor," and throw in the towel:
Isn't it time for Boss Godfrey to demand Chief Greiner's resignation?
Yeah... moral victories are great... but such victories ought to be evaluated according to at least a rudimentary a cost v. benefits analysis we believe. And yes. We know Chief Greiner is a fine police chief, folks. But is he so indispensible to the Ogden City Police Department that we're willing to continue to bear the hundreds of thousands of dollars in costs, fees and forfeitures which have accrued, and will inevitably continue to accrue from the stubborn pursuit of this quixotic Hatch Act litigation?
Don't let the cat get your tongues, O Gentle Ones.
Sunday, April 11, 2010
Standard-Examiner Editorial: Dump Greiner!
If Gentle Curmudgeon were of suspicious turn of mind, he might be wondering...
By Curmudgeon
A pretty good editorial in this morning's Standard-Examiner:
As I understand it, Ogden's police chief is appointed by and serves at the pleasure of the Mayor. All Mayor Godfrey had to do was ask his crony, Jon "Double Dip" Greiner for his resignation as police chief, and Ogden would be spared forgoing nearly a quarter of a million dollars in what the SE rightly identifies as "the people's money." Presumably Mayor Godfrey could still save the public's money by asking for Double Dip's resignation. He should. But he won't.
If I were of suspicious turn of mind, I might be wondering about now what Chief Double Dip Greiner has on Hizzonah that has guaranteed the Chief his continuing job at an additional and needless cost of nearly a quarter of a million dollars in the public's money.....
By Curmudgeon
A pretty good editorial in this morning's Standard-Examiner:
• Why Give Up $215,000?Good question. From the editorial:
Apparently Jon Greiner will remain as Ogden's chief of police and the city will pass up $215,000 in future federal grants -- its penalty for Greiner's violation of the Hatch Act when he signed off on federal grants while campaigning for his state senate seat....The SE editorial board got that right. Pretty good editorial overall, except that it continues the SE's long-standing policy of tip-toeing ever so g-e-n-t-l-y around the name of Hizzonah, Mayor Matthew Godfrey when attributing responsibility for the mess. Instead, the editorial talks vaguely about the responsibility of un-named "Ogden City Officials."
Greiner was clearly guilty of violating the Hatch Act, according to Judge Lana Parke's 22-page ruling, which agreed with the U.S. Office of Special Counsel....
Parke wrote, "By choosing to disregard Office of Special Counsel's warning, Chief Greiner voluntarily and knowingly placed himself at risk of prosecution...."
There is no need to keep Greiner as Ogden's police chief. Contrasted with the loss of $215,000, Greiner is expendable...
As I understand it, Ogden's police chief is appointed by and serves at the pleasure of the Mayor. All Mayor Godfrey had to do was ask his crony, Jon "Double Dip" Greiner for his resignation as police chief, and Ogden would be spared forgoing nearly a quarter of a million dollars in what the SE rightly identifies as "the people's money." Presumably Mayor Godfrey could still save the public's money by asking for Double Dip's resignation. He should. But he won't.
If I were of suspicious turn of mind, I might be wondering about now what Chief Double Dip Greiner has on Hizzonah that has guaranteed the Chief his continuing job at an additional and needless cost of nearly a quarter of a million dollars in the public's money.....
Friday, April 02, 2010
Standard-Examiner: The Lumpencitizens of Ogden aren't On the Hook For a Single Dime of Greiner's Hatch Act Lawsuit - Not Yet Anyway
Write your City Council and the Little Lord on Nine and let them know that the Taxpayers of Ogden City will not stand for the expenditure of a single Ogden Taxpayer Dime on the further pursuit of this litigation
For the third day running, Scott Schwebke reveals, in a new Standard-Examiner story, important new information about the circumstances surrounding Senator/Chief Greiner's Hatch Act litigation. Various stories have reported that the taxpayers of Ogden may have been picking up the tab for this protracted litigation; and WCF readers have expressed their fears that the taxpayers may have been hit hard in the process. This morning's Scott Schwebke story delves into the details regarding the source of funds for the financing of this lawsuit, and (among other things) offers this somewhat heartening information regarding the Emerald City Lumpencitizens' current financial exposure, as the Ogden City Administration considers the possibility of taking the matter up on appeal. Up until now, according to Mr. Schwebke's report, it appears that Ogden City's "risk management carrier" (not a true insurance company) has been picking up the entire tab, which is good news for Ogden taxpayers, we believe:
Nevertheless we'll go out on a limb and say "so far, so good" (we hope), even though we don't have a hint about the true costs of this litigation.
A second set of separate questions also arises as Ogden moves forward, considers keeping Greiner in place as Ogden City Police Chief and contemplates filing an appeal, of course:
Is URMMA, (which is a state-funded risk management fund, and NOT a true insurance company) contractually or statutorily compelled to continue financing this litigation, in the event that Ogden City officials unilaterally decide to pursue an appeal? According to this morning's story, Administrative Law Judge Lana Parke made a "finding of fact" that "Greiner violated the Hatch Act because he signed off on (initialled) a half-dozen federal grants valued at more than $1 million already in place during his successful 2006 campaign for the state Senate." As a general rule, appeals based on allegedly erroneous findings of fact are usually a tough uphill fight. Here's a brief summary of the problem from Answers.com:
This raises this additional question, of course. In the event that URMMA declines to provide further funding for this lawsuit, and the Ogden Administration nevertheless decides to keep Greiner on the City payroll and move forward with an appeal, WHO will be on the hook to finance this litigation henceforth?
You got it folks! Vous!
Write your City Council and the Little Lord on Nine and let them know that the Taxpayers of Ogden City will not stand for the expenditure of a single Ogden Taxpayer Dime on the further pursuit of this lawsuit:
We'll also note in passing that we believe, unlike many WCF readers, that Chief Greiner has been well justified in pursuing this litigation, so long as he remained in the Senate race. We believe that acts of civil disobedience in the face of government tyranny are part of the fabric of liberty in America; and up until now we've believed Chief Greiner has "fought the good fight." Now that The Chief has however voluntarily removed himself from the Sen 18 race, and acquiesced to an overbearing federal agency (the Office of Special Counsel) in depriving Weber County voters of the opportunity to vote for him in November, this can no longer can be rationally deemed in any manner to be "the lumpencitizens' fight," in our opinion.
Having said that, we'll turn the floor over to our gentle readers.
For the third day running, Scott Schwebke reveals, in a new Standard-Examiner story, important new information about the circumstances surrounding Senator/Chief Greiner's Hatch Act litigation. Various stories have reported that the taxpayers of Ogden may have been picking up the tab for this protracted litigation; and WCF readers have expressed their fears that the taxpayers may have been hit hard in the process. This morning's Scott Schwebke story delves into the details regarding the source of funds for the financing of this lawsuit, and (among other things) offers this somewhat heartening information regarding the Emerald City Lumpencitizens' current financial exposure, as the Ogden City Administration considers the possibility of taking the matter up on appeal. Up until now, according to Mr. Schwebke's report, it appears that Ogden City's "risk management carrier" (not a true insurance company) has been picking up the entire tab, which is good news for Ogden taxpayers, we believe:
The Utah Risk Management Mutual Association, the city's insurance carrier, is paying Jim Bradshaw, a lawyer defending Greiner, and Stan Preston, an attorney representing the city administration, Patterson said.Ogden City risk manager Ron Ball also offers this interesting additional observation, which anticipates a question we're sure many of us would be asking, even in the event that Ogden City might not seek future relief through the appellate court(s):
Bradshaw and Preston could not be reached for comment Thursday regarding how much URMMA has paid them.
Jim Fisher, claims and litigation manager for URMMA, declined to disclose amounts paid to Bradshaw and Preston because the Hatch Act case is still active
Ron Ball, Ogden's risk manager, said Thursday he doesn't know how much has been spent on legal fees because attorneys used by the city typically bill URMMA directly..
The Hatch Act case shouldn't increase the city's annual insurance premium with URMMA, Ball said. Premiums are based on the city's size and number of employees and not on individual claims, he said. The city's URMMA premium in 2009 was about $210,000.Whether Mr. Ball's assurances are accurate we do not know, but our own experience with insurance companies who've paid out substantial claims leaves us in some doubt. Does URMMA have contractual or statutory authority to raise Ogden City's premiums going forward? Can URMMA simply exercise the power cancel Ogden City's coverage? In our view Mr. Schwebke has insufficiently researched this question; and we're not entirely satisfied that Ogden City taxpayers will be held entirely harmless for the costs and expanses of the unsuccessful litigation to date.
Nevertheless we'll go out on a limb and say "so far, so good" (we hope), even though we don't have a hint about the true costs of this litigation.
A second set of separate questions also arises as Ogden moves forward, considers keeping Greiner in place as Ogden City Police Chief and contemplates filing an appeal, of course:
Is URMMA, (which is a state-funded risk management fund, and NOT a true insurance company) contractually or statutorily compelled to continue financing this litigation, in the event that Ogden City officials unilaterally decide to pursue an appeal? According to this morning's story, Administrative Law Judge Lana Parke made a "finding of fact" that "Greiner violated the Hatch Act because he signed off on (initialled) a half-dozen federal grants valued at more than $1 million already in place during his successful 2006 campaign for the state Senate." As a general rule, appeals based on allegedly erroneous findings of fact are usually a tough uphill fight. Here's a brief summary of the problem from Answers.com:
On appeal, a question of fact is treated differently than a question of law. If an appellant alleges that the fact finder incorrectly decided questions of fact, an appeals court will give deference to the fact finder's decisions. The fact finder gets to see and hear all the evidence and thus is in a better position to make factual determinations than is the appeals court. If an appellant claims that the trial judge incorrectly decided a question of law, however, the appeals court will examine the trial judge's ruling more carefully. Essentially, it is more difficult to overturn a verdict based on a question of fact than a verdict based on a question of law. [Emphasis added].Our guess is that the underlying administrative court case turned on Judge Parke's finding of fact, and that unless there exist other fatal errors of law in the underlying trial court matter, the State funded URMMA will not be inclined (rationally, at least) to further underwrite an appeal of this matter.
This raises this additional question, of course. In the event that URMMA declines to provide further funding for this lawsuit, and the Ogden Administration nevertheless decides to keep Greiner on the City payroll and move forward with an appeal, WHO will be on the hook to finance this litigation henceforth?
You got it folks! Vous!
Write your City Council and the Little Lord on Nine and let them know that the Taxpayers of Ogden City will not stand for the expenditure of a single Ogden Taxpayer Dime on the further pursuit of this lawsuit:
• Contact Local OfficialsYou know what to do... do it on the internet...
We'll also note in passing that we believe, unlike many WCF readers, that Chief Greiner has been well justified in pursuing this litigation, so long as he remained in the Senate race. We believe that acts of civil disobedience in the face of government tyranny are part of the fabric of liberty in America; and up until now we've believed Chief Greiner has "fought the good fight." Now that The Chief has however voluntarily removed himself from the Sen 18 race, and acquiesced to an overbearing federal agency (the Office of Special Counsel) in depriving Weber County voters of the opportunity to vote for him in November, this can no longer can be rationally deemed in any manner to be "the lumpencitizens' fight," in our opinion.
Having said that, we'll turn the floor over to our gentle readers.
Thursday, April 01, 2010
Jon Greiner Senate Withdrawal Redux
It's becoming increasingly apparent that party labels don't mean very much to the legislative "leaders" up on Capitol Hill
We'll spotlight three new items from the northern Utah press, who are all over the Jon Greiner Senate race withdrawal story this morning:
1) The Standard-Examiner provides two more stories centered upon Jon Greiner's withdrawal from the Senate 18 race, in a consolidated three-part series which also incorporates the earlier SE story which we discussed yesterday morning:
That's our take; and we're stickin' to it.
So what say our gentle readers about all this?
We'll spotlight three new items from the northern Utah press, who are all over the Jon Greiner Senate race withdrawal story this morning:
1) The Standard-Examiner provides two more stories centered upon Jon Greiner's withdrawal from the Senate 18 race, in a consolidated three-part series which also incorporates the earlier SE story which we discussed yesterday morning:
• Greiner stops Senate run after Hatch Act ruling; Ogden may appealAmong the tidbits of new information provided in this latest SE update is this:
OGDEN -- Jon Greiner will remain as police chief despite an administrative law judge's ruling that he must resign or the city will be forced to forfeit more than $215,000 in federal grants because of a Hatch Act violation.[...]Whether the City Council will go along with the forfeiture of nearly a quarter-million dollars in federal grant money as the price of keeping Greiner on the city payroll is uncertain, as this Councilwoman Susan Van Hooser comment suggests:
In addition to allowing Greiner to keep his job as police chief, the city may appeal the Hatch Act ruling, said John Patterson, the city's chief administrative officer.[...]
Even if the city doesn't appeal the ruling by an April 20 deadline, forfeiting the grant funds totaling two years of Greiner's salary is worth it, Patterson said.
"He's an excellent chief. Crime is at a 30-year low," he said. "We really think it's worth it to retain someone who has had excellent performance."
City Councilwoman Susan Van Hooser questioned whether Ogden can afford legal costs associated with an appeal or the six-figure loss in federal funding.2) The Salt Lake Tribune is also carrying the story too, and reports that Stuart Reid has finally made contact with Weber County Republican officials (whom long time Democratic Party insider Reid didn't know from Adam less than a week ago), and that Weber County GOP Chairman Matt Bell plans to schedule a question and answer session with the Weber County Republican Executive Committee (the 18-member governing body for the County GOP), to allow Reid to pitch his "conservative" credentials, (such as they may or may NOT be):
"It puts the city in a real predicament about what we should do," she said.
"What's the cost going to be? Sometimes you have to let things go."
• Greiner drops out of Senate race3) The Deseret News is also on top of the story too, with this morning writeup which reports that real estate development-oriented elements within the State Legislative Republican majority, namely neoCON Senate President Michael Waddoups R-Taylorsville, and Sen. Howard Stephenson, R-Draper can hardly contain their glee at the idea of welcoming another fellow real estate developer crony (Reid) into the Capitol Hill Good Ole Boys' Club:
• Ogden state senator drops re-election bidNo surprises there, wethinks. It's becoming increasingly apparent that party labels and party core principles don't mean very much to the "faux" GOP legislative "leaders" up on Capitol Hill, and that the most important trait for any new prospective state legislator, as far as these right wing socialist people are concerned, is a strong affinity for the all-powerful Utah real-estate development lobby.
That's our take; and we're stickin' to it.
So what say our gentle readers about all this?
Wednesday, March 31, 2010
Breaking: Has Jon Greiner Officially Dropped Out of the Senate 18 Race?
Assuming the data on the Lt. Governor's web page is accurate, it appears that Chief/Senator Greiner may have made his decision
The Deseret News is running a chirpy story this morning, touting the 2010 legislature's passage of new legal provisions requiring that 2010 General Election candidates disclose possible conflicts of interest.
The DNews invites its readers to navigate to the Lt. Governor's newly-designed page where all such statements are listed and displayed. The list contained thereon purportedly "includes all candidates who have filed a declaration of candidacy for the 2010 election":
Speaking as a warhorse Weber County Republican, your blogmeister will offer that it only hurts when we laugh.
We will make an effort this morning to contact Jon Greiner, to verify whether the Governor's information is indeed correct; and we'll be sure to report back here by way of an update with any new information we are able to glean.
Nevertheless, we're going to take a wild guess, at least for the moment, and assume that even for a few of our WCF GOP readers, Democratic party candidate Betty Sawyer is looking like a mighty attractive Senate 18 alternative right about now.
Don't let the cat get your tongues, O Gentle Ones.
Update 3/31/10 11:40 a.m.: Thanks to a tip from gentle reader Mass Media in our lower comments section, we learn that the Standard-Examiner went online @ 11: 10 a.m. with a Scott Schwebke story confirming Greiner's withdrawal form the Senate 18 race:
Update 3/31/10 11:55 a.m.: In response to our attempt to reach Senator Greiner for confirmation of this story earlier this morning, we're now in receipt of Jon's detailed and candid explanatory public statement, which he graciously transmitted to us by email only moments ago:
The Deseret News is running a chirpy story this morning, touting the 2010 legislature's passage of new legal provisions requiring that 2010 General Election candidates disclose possible conflicts of interest.
The DNews invites its readers to navigate to the Lt. Governor's newly-designed page where all such statements are listed and displayed. The list contained thereon purportedly "includes all candidates who have filed a declaration of candidacy for the 2010 election":
• 2010 CandidatesBeing the curious type, we scrolled down the page to Jon Greiner's Senate District 18, where we stumbled upon this interesting notation:
Jon J Greiner (W) - District 18In the legend at the top of the same web page we find this additional explanatory notation:
(W) = WithdrawalBack on 3/25/10 we posted this article, noting that Senator/Chief Greiner was faced with a difficult choice, i.e., either to resign his Ogden Police Chief job, or withdraw from the State Senate race. Assuming the data on the Lt. Governor's web page is accurate, it appears that Chief/Senator Greiner may have made his decision, leaving the Weber County Republican Party with the politically flip-flopping D'oh Boy himself (Stuart Reid) as the only legally declared candidate for the 2010 Senate 18 Republican nomination.
Speaking as a warhorse Weber County Republican, your blogmeister will offer that it only hurts when we laugh.
We will make an effort this morning to contact Jon Greiner, to verify whether the Governor's information is indeed correct; and we'll be sure to report back here by way of an update with any new information we are able to glean.
Nevertheless, we're going to take a wild guess, at least for the moment, and assume that even for a few of our WCF GOP readers, Democratic party candidate Betty Sawyer is looking like a mighty attractive Senate 18 alternative right about now.
Don't let the cat get your tongues, O Gentle Ones.
Update 3/31/10 11:40 a.m.: Thanks to a tip from gentle reader Mass Media in our lower comments section, we learn that the Standard-Examiner went online @ 11: 10 a.m. with a Scott Schwebke story confirming Greiner's withdrawal form the Senate 18 race:
• Greiner drops re-election bid for state senateIt only hurts when we laugh, as we said.
Update 3/31/10 11:55 a.m.: In response to our attempt to reach Senator Greiner for confirmation of this story earlier this morning, we're now in receipt of Jon's detailed and candid explanatory public statement, which he graciously transmitted to us by email only moments ago:
• Jon Greiner Statement of Withdrawal of CandidacyWe'd also like to express our appreciation to Sen. Greiner for promptly getting back to us with this.
Wednesday, October 21, 2009
Jon Greiner Gets His "Day in Court"
Scott Schwebke reports on Jon Greiner's now-ongoing Hatch Act administrative hearing
The Standard-Examiner describes the latest episode in the long-simmering Jon Greiner Hatch Act Saga,with this morning's Scott Schwebke story, which reports that our Ogden Police Chief/State Senator is now mired in the midst of a multi-day administrative hearing, wherein it will ultimately be determined whether Ogden City's carefully-crafted Hatch Act Compliance Program, (whereby Chief Greiner has been formally insulated from duties and authority related to federal grants) is sufficient to remove the matter from Hatch Act jurisdiction:
We're posting this article mainly for archival consistency, inasmuch as we don't reasonably anticipate any real news about the outcome of this week's hearings for at least a few more months.
Nevertheless, we'll open the floor for any appropriate reader comments.
The Standard-Examiner describes the latest episode in the long-simmering Jon Greiner Hatch Act Saga,with this morning's Scott Schwebke story, which reports that our Ogden Police Chief/State Senator is now mired in the midst of a multi-day administrative hearing, wherein it will ultimately be determined whether Ogden City's carefully-crafted Hatch Act Compliance Program, (whereby Chief Greiner has been formally insulated from duties and authority related to federal grants) is sufficient to remove the matter from Hatch Act jurisdiction:
• Hatch Act hearing puts senator/Ogden police chief's future on the lineCuriously, and despite the Godfrey administration's otherwise scrupulous efforts to distance Chief Greiner from any official acts related to application, management or disposition of federal grant funds, Mr. Schwebke's morning story reveals that the administration may have nevertheless clownishly dropped the ball, by allowing Chief Greiner to affix his signature and/or initials to a number of grant applications and/or other grant-related documents. This slip-up of course thus provides the federal Office of Special Counsel a seemingly significant angle of attack -- a circumstance which could have been easily avoided. In that connection, it seems to us that it it would have made better sense for the administration to have required Ogden CAO John Patterson or Assistant Chief Tarwater to have signed off on these documents. Why they committed this particular bone-headed blunder we'll never know, although we will snarkily suggest that it does seem consistent with the general level of incompetence we've come to expect from "Boss Godfrey's Gang that Can't Shoot Straight."
We're posting this article mainly for archival consistency, inasmuch as we don't reasonably anticipate any real news about the outcome of this week's hearings for at least a few more months.
Nevertheless, we'll open the floor for any appropriate reader comments.
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