By Myrna Trauntvein
Times-News Correspondent
A request for Juab County to provide defense for allegations before the Utah Political Subdivisions Ethics Commission for Craig Sperry, county recorder, was approved by the commission on Monday.
Rick Carlton, commissioner, on behalf of the commission, read the letter that had been drafted to send to Sperry.
"The county commissioners reviewed your written request for the county to defend you against a complaint filed before the Utah Political Subdivisions Ethics Commission," read Carlton. "In reviewing our request, the commissioners also reviewed Utah Code Annotated 11-49-408 and 63G-7-902."
The procedural process for the operation of the Ethics Commission is set out in Title II Chapter 49 of the Utah Code and in particular II-49-408 addresses the county's obligation to defend an employee against a complaint before the Ethics Commission.
Two pieces of that code state that a respondent against whom a complaint is filed may, but is not required to, retain legal representation during the complaint review process and is entitled to the provision of legal defense by the political subdivision.
A further section states that, except as provided in subsections 2 and 3, a governmental entity is to defend any action brought against its employee arising from an action or omission occurring during the performance of the employee's duties; within the scope of the employee's employment; or under color of authority.
"After reviewing the above referenced statues and obtaining the legal opinion of the Juab County Attorney as well as the independent opinion of Shawn Richards from the law firm of Kirton and McKonkie, the commissioners have come to the conclusion the county is obligated to defend you in the matter before the Ethics Commission," Carlton read from the letter.
However, he said, the county agrees to defend you subject to a "reservation of rights" as permitted by 63G7-902 (6).
"This means that if any of the conditions set forth in 63G-7-902 are established, the county may withdraw from your defense, decline to defend you and seek recoupment from you for monies spent in your defense," the letter written by commissioners read.
Additionally, due to the nature of the complaint before the Ethics Commission and the potential outcomes of the matter, the Office of the Juab County Attorney has a conflict that precludes that office from conducting your defense.
"Inasmuch as the county is obligated by statues to defend you in this matter, the county commission approves the expenditure of county funds to pay the fees of Ronald G. Russell of the law firm Parr, Brown, Gee and Loveless, who is the attorney you have been working with to defend this matter," he read.
As a result of this decision, the county will require Attorney Russell to contact the county commission to discuss an appropriate fee arrangement before any public funds are used to pay his fees.
Clinton Painter, commission chairman, was authorized to sign and send the letter to Sperry as it was written.
On Monday, August 15, the Ethics Commission was to hear a motion to dismiss regarding an ethics complaint.
The Utah Political Subdivisions Ethics Commission received an ethics complaint from Jennifer Corbin and Robert Williams against Juab County Recorder Craig J. Sperry.
The Commission conducted a preliminary review of the complaint and forwarded the allegations for final review.
Sperry filed a Motion to Dismiss and Complainants filed a Response to the Motion to Dismiss.
On August 15, 2016, the Commission met to hear arguments from the parties on the Motion to Dismiss.
The Commission will then deliberate and vote whether to dismiss the complaint.
The complaint will be set for Final Commission Review if the Commission votes not to dismiss the complaint.
