Showing posts sorted by date for query Jon greiner Hatch Act. Sort by relevance Show all posts
Showing posts sorted by date for query Jon greiner Hatch Act. Sort by relevance Show all posts

Thursday, December 20, 2012

Salt Lake Tribune: Congress Votes to Scrap Hatch Act Restrictions - Updated

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.

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?
  • Arrogant Godfrey Administration scofflaw? or,
  • Brave Civil rights freedom fighter?
Vote in our poll, which we've also conveniently placed in our WCF right sidebar:


Is Greiner a hero... or a zero?

Don't let the cat get yer tongues, folks.

Sunday, March 25, 2012

Sunday Morning 2012 Utah General Election Roundup

A coupla discussion-worthy election-related news items stumbled upon this morning whilst Googling

To promote a little Sunday morning reader conversation, here are a couple of discussion-worthy Standard-Examiner news items we stumbled upon this morning whilst Googling:

1) Weber County Democrats held their 2012 Nominating Convention yesterday, where among other things, they chose candidates for (House) Districts 9 and 10:
Especially tantalizing news in the House 9 race, where convention delegates chose Former Rep. Neil Hansen, D-Ogden, to run against Rep. Jeremy Peterson, R-Ogden. Expect a no-holds-barred, bare-knuckled campaign brawl in this race folks, as Demo warhorse Hansen vows to settle a few 2010 election scores with the usurper Peterson.

2) Oddball election-related story this morning, reporting that at some vague time in the future, the U.S. Congress might possibly amend the federal Hatch Act, to "end federal prohibitions on state and local government employees seeking elected office":
So what about it gentle readers? Seems to us that the timing of this "no-real-news" story is suspicious. Does it appear that somebody at the Standard is complicit in Jon Greiner's 2012 Weber County Commission campaign strategy, which appears to be to portray Greiner as a local hero, rather than a willful Hatch Act scofflaw? This morning's Associated Press story is replete with excuses from Greiner that he was somehow "blindsided" by the Hatch Act's prohibitory provisions. What happened to the old axiom, "Ignorance of the law is no defense", we ask? Does it merely apply to the average joe Schmuck... or is it applicable to fancy-pants career law enforcement top executives, former State Senators and would-be County Commissioners too?

Don't let the cat get your tongues...

Friday, January 20, 2012

Standard-Examiner: Weber Sheriff (Allegedly) Violated Hatch Act

Keeping our fingers crossed that the Standard will be more cautious with its future headline draftsmanship

Interesting story plastered atop the front page of this morning's Standard-Examiner hard-copy edition, bearing the bold-faced headline "Weber sheriff violated act." Unlike the Ogden Police Chief Jon Greiner situation however, Sheriff Terry Thompson's case will apparently have will no negative consequences, as is briefly set forth in this morning story's lead paragraph:
OGDEN -- The U.S. Office of Special Counsel has determined that Terry Thompson violated the Hatch Act in his successful 2010 bid for Weber County Sheriff, but the office won't take action against him.
Read Mr. Schwebke's full Standard-Examiner writeup here:
Here's one point we'll make with regard to this story.

We're troubled by the nature of the headline itself. Although the Office of Special Counsel has been involved in this matter since at least as early as May of last year, that federal agency, which is charged with the civil prosecution of Hatch Act violations, appears to have taken no formal action in this matter, aside from the issuance of the "warning letter" which is mentioned in this morning's Scott Schwebke story. Since this matter has never been formally adjudicated, the headline states as fact something which ought to have been characterized as a mere allegation. The opinion of the Office of Special Council that Sheriff Thompson violated the Hatch Act is no more than that office's legal opinion, an opinion which carries no more weight than Sheriff Thompson's own opinion that he did not violate the Act. So in our view, it's disappointing that the copy editor who drafted the headline wasn't more careful with that most important distinction.

Although we're delighted to learn that the Office of Special Counsel has exercised sound prosecutorial discretion and declined to take any further action in re this matter, we're nevertheless keeping our fingers crossed that the Standard will be more cautious in its technical draftsmanship and take steps to avoid in the future the kind of factually inaccurate, and reputationally damaging headlines such as the one appearing above this morning's story.

Referring back to our original assumption that Defendant Stewert will at some point be represented on the taxpayers' dime by Weber County Public Defenders? Yes. News reports indicate Stewart has a small equity in his residential property which he purchsed in the nineties. No, that small equity will not for long support a vigorous defense in this complex case, which involves multiple purported victims, and will require massive investigative effort and discovery. Whatever property equity Stewart may have to contribute to his own defense will be rapidly, blown, quickly.

Like it or not, Gentle Weber County taxpayers, ultimately, even though prosecution and defense counsel will sit at tables on opposite sides of the courtroom as this matter progresses, the massive expense of this whole trial will be borne by the folks who'll ultimately pick up the tab for this legal extravaganza... the taxpayers of Weber County, that's who.

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:
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.
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.
Check out the full story here:
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:
a. Has been terminated or requested to resign under bona fide charges of nonfeasance, misfeasance or malfeasance in office
The terms nonfeasance, misfeasance or malfeasance are technical "words of art"of course. Click the links below for some commonly-used general definitions:
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?

Sunday, January 01, 2012

Sunday Morning Emerald City News Roundup - Updated

A virtual cornucopia of interesting Weber County Forum-topical stuff

To our great delight, we find a virtual cornucopia of interesting Weber County Forum-topical stuff in this morning's Standard-Examiner... just what the doctor ordered to kick off the discussion on the first day of the year 2012, wethinks. Just so's we can squeeze it all onto our morning article page, we'll be brief:

1) Mr. Schwebke provides an excellent Mike Caldwell profile piece, as Caldwell prepares for Tuesday's mayoral induction ceremony:
We gotta admit that Mayor-elect Caldwell is already scoring major style points with your WCF blogmeister, even though he hasn't even been sworn in yet. First he demonstrates his commitment to pursuing Ogden City's best interests in re: the Jon Greiner Hatch Act Money Pit; and now Standard-Examiner readers learn that our new mayor is even now ready to deep-six yet another crackpot Boss Godfrey scheme:
We'll offer at this juncture that we're cautiously optimistic that our new Mayor Mike Caldwell may be able to temper his "economic development focus" with a little old fashioned common sense.

2) Trentelman provides a stunning example of ambivalence this morning with his own weasly-weak-in- the-knees variation on the tried and true "keeps the trains running on time" theme. We've taken liberties with the column headline, we confess.
Full disclosure here, Mr. Trentelman! No, Weber County Forum doesn't "hate" Boss Godfrey, although we do agree with you, Mr. Trentelman, that Godfrey often behaves like a jerk.

3) Combine an irretrievably Slavish Godfreyite Lemming, a copy of Bartlett's Quotations and a flea-market thesaurus, and here's what you get from one of the most prominent jackasses in Weber County: A lavishly tiresome, tedious and tortuous (and entirely un-ambivalent) Boss Godfrey tilting, SE guest editorial lovefest:
Gotta say we loved this one:
Vicious blogs defame. He who perseveres is called arrogant and is vituperated for failure to listen to obstructionists.
Do you suppose, Gentle Readers, that Steve the Godfrey Lemming may actually be referring to we of Weber County Forum, when he makes reference to "obstructionists" within his above thesaurus-driven and highly indigestible word soup? LOL! And here we'd heretofore thought ourselves to be only mere "naysayers," Dang!

Update 1/1/12 3:50 p.m.: Oops! Here's something we missed earlier, from one of the hands-down funniest folks writing for the internet or print media, or whatever:
Sorry about the inadvertent omission folks. Enjoy!

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 truly crazy 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:
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":

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?

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:
OGDEN -- No decision has yet been made by city officials regarding the status of Police Chief Jon Greiner, according to Mayor Matthew Godfrey.
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.
Here's the online edition version:
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?

Sunday, December 11, 2011

Salt Lake Tribune: Utah group Files Hatch Act Complaint Against Kanab Lawmaker

If successful, Friday's Hatch Act complaint could force House Representive Mike Noel out of the Utah Legislature

Seems like only yesterday that Gentle Reader Bob Becker linked a Paul Rolly column, which queried whether the Hatch Act, the same federal law which is giving Chief Jon Greiner major heartburn, wouldn't apply to GOP Utah State Utah House Reprentative Mike Noel (R-Kanab).

Well Lo & Behold, here's something interesting only two days later from the Salt Lake Tribune website:
Amazing how that worked out, 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
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

And so it begins, as we find on the front page of the Standard-Examiner this morning the first of what we expect 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":
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:
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.

Friday, October 22, 2010

Standard-Examiner: Hatch Act Filed On Weber Candidate

Perhaps Weber County voters should forget the whole democracy thing, and just let the federal Office of Special Counsel personally select all our Weber County public officials from now on

Well here we go again. Once again, just like in the Jon Greiner case, meddling federal bureaucrats interfere with the orderly process of electing a local law enforcement CEO. Here's the lede from this morning's Standard-Examiner front page story:
OGDEN -- The U.S. Office of Special Counsel is looking into a complaint contending that Terry L. Thompson, a Republican Party candidate for Weber County sheriff, is in violation of the Hatch Act because he has supervised federal grants as part of his duties as chief deputy.
The complaint was filed in June by a law enforcement officer who resides outside of Weber County, said Gary Haws, who is Thompson's Democratic Party challenger. Haws declined to identify the individual or provide information about where the person works.
Read the full Scott Schwebke story here:
Hatch Act filed on Weber candidate
One high-ranking Weber County Sheriff's Office spokesman hits the nail on the head:
Weber County Undersheriff Kevin McLeod said ... if the Hatch Act is narrowly defined to include use of federal funding for any benefit, it could be possible that no one in law enforcement could run for partisan office.
Here's another good idea: Perhaps Weber County voters should forget the whole democracy thing, and just let Obama's federal Office of Special Counsel personally select all our Weber County public officials from now on, yes?

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:
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.
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.
Among other things, Ace Reporter Schwebke carves out this enlightening and possibly dispositive argument from the Office of Special Counsel Appellee's Brief:
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.
"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.
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 often occasionally be "wrong -- horribly, embarrassingly (and laughably?) wrong":
A word of consolation to Mark Shurtleff on vouchers
Twenty/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
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 mark
One 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 money
Plenty 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:
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.
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.
There are a couple of elements within this morning's story which we believe to be particularly worthy of note:

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. [...]
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.
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 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.
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.

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.
"There are procedural and substantive issues we want to raise through appeal, and we expect to prevail," he said.
Among those "issues" which Mr. Patterson mentions are these:
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.
b) Greiner's signature on grant applications is a mere formality and a requirement for funding, he 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.

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:
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....
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...
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."

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.....

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:
Greiner stops Senate run after Hatch Act ruling; Ogden may appeal
Among 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.[...]
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."
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:
City Councilwoman Susan Van Hooser questioned whether Ogden can afford legal costs associated with an appeal or the six-figure loss in federal funding.
"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."
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):
Greiner drops out of Senate race
3) 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 bid
No 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?

Sunday, March 28, 2010

Standard-Examiner: Some Worry Protective Hatch Act Now Just a Political Tool

Seems to us that it's time for Attorney General Shurtleff to stop flapping his lip, and get to work filing a lawsuit right about now

The Standard-Examiner provides two informative articles this morning, examining the federal Hatch Act, and its plainly "chilling effect" on our ongoing 2010 local General Elections process.

1) Dan Weist provides this excellent story, which includes a sampling of highly critical comments from a variety of political figures within the local political arena:
Some worry protective Hatch Act now just a political tool
2) In a second companion story,Tim Gurrister examines the effect of the Hatch Act on Ogden police lieutenant Scott Conley's now-aborted 2010 Weber County Sheriff campaign run and offers a few more pithy quotes:
Ogden Police Lt. Scott Conley not running for sheriff because of Hatch Act
Distilling the facts from these two morning stories, one thing seems clear. Nobody in the local political arena seems pleased with impact the U.S. Office of Special Council's heavy-handed Hatch Act enforcement is wreaking upon our 2010 General Elections.

We believe Weber County Sheriff candidate Terry Thompson gets it exactly right with this extended quote from the second article cited above:
Terry Thompson, commander over Weber County Jail, is running for sheriff and has been researching the Hatch Act, which he had been confident doesn't apply to him. While the sheriff's office does receive federal funds, none goes to any correctional programs he runs, he said.
But given the OSC's recent decisions regarding Greiner and Conley, Thompson said, "I'm going to have to do some more research."
He called the Hatch Act "kind of ridiculous. It's morphed into something it was never intended to be."
"I don't see the danger it's trying to protect us from. The real tragedy is, it's interpreted so broadly and so vaguely to include good people like Jon and Scott."
With 3,084 sheriffs in the country, for example, the OSC can't possibly monitor all elections nationally for Hatch Act violations, Thompson said.
"So it's enforced by complaint only and just becomes a political tool for people to use."
And as per usual, our ever-savvy Councilwoman Amy Wicks, a 2010 candidate for the Weber County Commission herself, cuts through the baloney and also hits the nail on the head:
Amy Wicks, a member of the Ogden City Council who has filed to seek a Weber County Commission seat, researched the Hatch Act even though her full-time job as information and research specialist with the Ogden-based National Shaken Baby Syndrome Center has no federal funding.
City council members only become involved with federal funds after the fact in approving budgets, she said.
Her study of the Hatch Act has left her skeptical. "I'm not really sure what we're being protected from. It's probably time to reassess it. Is what was valid in 1939 valid in 2010?"
So in that connection we'll link the following scholarly Jason C. Miller law review article, which we googled up from the very bowels of the webosphere this morning, which expands upon Sheriff's Deputy Thompson's and Councilwoman Wicks's major points, focuses on the federal law’s coverage of state and local employees and examines a) whether the Act would pass constitutional muster under modern tests, b) whether the Hatch Act is desirable as a matter of policy, and c) what alternatives could achieve the policy goals of the Act without an absolute prohibition on candidacy for partisan office.
The Unwise and Unconstitutional Hatch Act: Why State and Local Government Employees Should be Free to Run for Public Office
The situation even has Utah Attorney General Mark Shurtleff all riled up:
But Utah Attorney General Mark Shurtleff, who advised Greiner in 2006 that he would not be in violation of the act if he ran for the Senate, believes the Greiner decision is another example of the federal government overstepping its reach into the lives of everyday citizens who serve the public by running for public office.
"It's just wrong," he said.
"If it is allowed to stand, it will have a chilling effect on other people who may want to run."
Seems to us that it's time for Attorney General Shurtleff to stop flapping his lip, and get to work filing a lawsuit right about now. Shurtleff and some of his GOP legislative cronies have been bravely talking up Tenth Amendment issues since the beginning of the 2010 legislative session. They've been bristling for a big "state sovereignty" lawsuit for quite some time. Perhaps its time to put their money where their mouths is... no? Now's their chance, we think. We're sure Professor Miller wouldn't mind their "borrowing" his scholarly work.

Don't let the cat get your tongues, O Gentle Ones.

Thursday, March 25, 2010

Standard-Examiner: Reid Not Republican Enough?

Jon Greiner's holding most of the important cards... so what will Greiner do?

There's a fantastic story brewing up here in Weber County this morning, as this morning's Scott Schwebke story unravels the facts regarding Boss Godfrey crony Stuart Reid's last-minute decision to file his declaration of candidacy for Sen. Jon John Greiner's Senate District 18 seat (as a Republican), in the wake of Sen. Greiner's adverse Hatch Act ruling... a mere fifteen minutes prior the Weber County Clerk's Friday filing deadline. We've seen GOP RINO*s pull political flip-flops before; but we have to say this one takes the cake. We swear this has to be the strangest of those truth is stranger than fiction stories that we've recently seen. Even the most creative writer of fiction simply couldn't make this stuff up:
Reid not Republican enough? Both parties wary after longtime Democrat switches in attempt to fill Greiner's seat
A Weber County Forum Tip O' The Hat goes out to Weber County GOP Chairman Matt Bell this morning for his forthright comments about the latest RINO* to mendaciously pin on the Republican Party label pin:

OGDEN -- A local Republican Party official is suspicious of developer Stuart Reid's last-minute switch from the Democratic Party to the GOP to run for the seat held by embattled state Sen. Jon Greiner.
Reid's longtime Democratic Party affiliation makes him unsuitable as a Republican candidate to represent Senate District 18, said Matt Bell, chairman of the Weber County Republican Party.
"He's as much a Republican as President Obama or House Speaker Nancy Pelosi," who are both Democrats, Bell said. "I don't think the party supports Reid."
Reid's former Democratic Party colleagues have also been rendered near-speechless, of course:

Todd Taylor, executive director of the Utah Democratic Party, said he hadn't expected Reid to run for the Senate, much less switch to the Republican Party to do so.
"I was stunned and blown away," he said.
And you have to love the sheer audacity of Reid's comment on the matter, as he takes on the role of Weber County's #1 Drama Queen (temporarily ousting Boss Godfrey from that role):

Being shunned by leaders in both parties is an unusual predicament, Reid said."It's a very odd place to be in. I'm a man without a country."

As an aside, we'll add that Reid's action in switching parties 15 minutes before the filing deadline, and leaving his own Democratic Party in the lurch, is a perfect illustration of the manner in which Matthew Godfrey and his minions work. With this group of opportunistic game players, there exist no absolute values of right v. wrong. Political action, philosophy and party affiliation are fuzzy abstractions to these political chameleons, transformable and capable of being shifted at will.

Needless to say, Reid's candidate filing puts The Weber County GOP in a very tight spot in the event that Greiner drops from the Senate race. With their County Nominating Convention looming on April 10, Reid, a long-time Democratic Party insider, would remain the sole candidate officially filed under the Republican banner in such a scenario. We'll thus take a wild guess, and assume that even now, Weber County GOP leadership is boning up on Utah Election Law and Utah GOP foundational documents to devise a strategy to strike Stuart Reid's name from the list of certified party convention candidates, deny his credentialling on the convention floor, and subsitute another legally-qualified GOP candidate, in the event Greiner drops out.

A lot depends on what course of action Jon Greiner adopts, of course. In fact, he's holding most of the important cards... cards which he dealt himself. Should he adopt the strategy suggested in this morning's most-excellent Standard-Examiner editorial, the Weber County GOP's problem is alleviated for the most part, we think:
OUR VIEW: Greiner should resign as chief
Nevertheless, asking a man like Greiner, (who's devoted his whole life to a law enforcement career,) to step down from his Police Chief job is a lot to ask, we'll concede.

So what will Greiner do? Will he sacrifice his law enforcement career to the principles of his political party? Or will he continue in his Police Chief role, and throw his party to the political wolves? Perhaps these questions could be better framed as What SHOULD Sen. Greiner do?

Your blogmeister had a short phone conversation with Sen. Greiner yesterday, by the way. He's out of town and is still weighing his options.

It's a fantastic story brewing up, as we said.

Who will be the first to comment?
______
*Republican In Name Only

Update 3/26/10 6:56 a.m.: For the sake of accuracy, we need to make a slight correction. It occurred to us this morning that Senate District 18 also overlaps a portion of Davis County, so the Senate 18 nomination will occur at the 5/8/10 Utah GOP Nominating Convention, rather than the 4/10/10 Weber County Nominating Convention. Thus the Reid candidacy becomes a problem not only for the Weber County Republican Party, but for the Davis County GOP and the Utah GOP, as well.

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