By Myrna Trauntvein
Times-News Correspondent
Does Quinton Kay, Mona City Council member, have a
conflict of interest that should make it so that he needs to
be dismissed from office?
An attorney, Jason S. Crandall, with Sumsion &
Crandall, Provo, who is representing Bart Jackson and his
construction company, demanded via a letter sent to the
mayor that Quinten Kay be ousted from his seat on the city
council.
"As long as we are embroiled in troubles," said Bryce
Lynn, mayor, we may as well read the letter sent by the
attorney."
The letter reviewed the information that L&J
Development is in the process of selling building lots in
their subdivision in Mona. As such, they are required, as
are lot holders seeking building permits, to provide water
according to city ordinances.
At the December meeting, Jackson, made a proposal to
the city council whereby they would comply with the city
ordinance requiring irrigation water and the proposal was
accepted.
"The problem arises because of the actions of one of
the council members, Quinten Kay, at the last city council
meeting," said Crandall.
"Mr. Kay was adamant in arguing that the council
should revisit Mr. (Pat) Painter and Mr. Jackson's proposal
and vote to reject it."
Crandall said, in the view of his law firm, that Kay
has a "clear conflict of interest" in regard to this matter
and that his conflict of interest was not properly disclosed
as required by the "Municipal officers and Employees Ethics
Act," and the handbook for the Utah League of Cities and
Towns.
"We (he and Kay) went to a training session this last
Saturday for new council members," said Rick Kolsen, " and
Mr. (David) Church (General Counsel Utah League of Cities
and Towns), said that having a conflict does not abstain
someone from voting."
"They must have a disclosure statement," Kolsen
said.
Then, only if the mayor feels there is a conflict of
interest, must the council person leave the room while the
debate takes place and the person must, of course, then
excuse himself from voting on that issue.
Crandall said in his letter that Utah Code Section
12-3-1308, states an elected or appointed official of a
municipality must file a sworn statement with the mayor
disclosing "any personal interest or investment" by such
official "which creates a conflict between the...official's
personal interests and his public duties."
"Mr. Kay has a clear conflict of interest in this
circumstance because he has an interest in a development in
direct competition with L&J Development's subdivision,"
said Crandall. "He has a direct interest in seeing L&J
Development's subdivision delayed as long as possible."
He said, that since Kay failed to disclose this clear
conflict of interest as required under the state statutes,
the city must "dismiss or remove" Kay from his office as a
city council member.
This penalty for failure to comply is harsh, but is
mandatory according to Utah Code Section 10-3-1312, said
Crandall.
"Please consider this letter an official complaint
regarding Mr. Kay's violation of the provisions of the
Municipal Officers and Employees Ethics Act, and please take
the action required pursuant to the Act as soon as
possible," said Crandall.
Kolsen said since the pair were only trained on
Saturday neither of them knew that a disclosure statement
was needed.
Most municipalities hand disclosure statement forms
out as a matter of course following the swearing-in of newly
elected officials. In addition, a disclosure notice is
required of all candidates running for office.
"I think everyone on the council has a conflict of
interest of one sort or another," said Harry Newell, council
member. "I haven't filled out a disclosure notice. How many
of you have?" he asked.
"In the years I have been in office, I have only
received two disclosure statements," said Lynn.
One of those had been filed by Aaron Painter, when he
was a member of the city planning commission, because he was
worried about such a conflict occurring.No one on the
current council had done so.
Mona was a town for a long time before reaching the
status of a city. It has been a difficult transition.
Kolsen said he was prepared to hand in a disclosure
notice. It was typed and ready for presentation. He then
read it and submitted it to the mayor.
Following his submission, he suggested that all
council members follow the law and hand in a disclosure
notice at the meeting.
Forms were photocopied from the "Powers and Duties"
book, edition 11, and were handed out with the expectation
that all be returned to the mayor before the council person
left the meeting.
"I don't know what happens from here," said Mayor
Lynn, "I guess we will just have to wait and see."
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