NATIONAL AND MUNICIPAL SIMILARITIES POLITICAL COVERUP OR JUST PLAIN ARROGANCE AS PUBLIC’S RIGHT TO KNOW IS SUMMARILY DISMISSED

It appears that Municipal Government has joined ranks with Federal Government’s dodge-ball tactics as it deflects public clamor to be informed of status of investigation….. Questions are asked and NOT answered….. Allegations of Misconduct ….. Allegedly on the part of none other than popular civic leader……Councilman, Gil Almquist. (Refer to Formal Request made by Attorney Aaron Phrisbrey and follow up report by Investigative Reporter, Michael Flynn, Southern Utah Independent News). SWEEPING PUBLIC DIRT under the rug will NOT clean CITY HALL.

Just as we hold Police Officers to a higher standard in obeying the law….. So do we hold our Elected City Council, Mayor, City Attorney, City Manager…… To a higher standard of behavior and expect them to Lead by Example. 

Is what we are receiving from City Hall on this matter REALLY the example the public wants set for our YOUTH and Future Leaders? 

WHEN the City Attorney won’t proceed judiciously as outlined in Utah Municipal Code Section 10-3-928 ….. Which reads: In cities with a city attorney, the city attorney: 

(1) may prosecute violations of city ordinances (2) may prosecute, under state law, infractions and misdemeanors occurring within the boundaries of the municipality; (3) has the same powers in respect to violations as are exercised by a county attorney or district attorney, except that a city attorney’s authority to grant immunity shall be limited to: (a) granting transactional immunity for violations of city ordinances; and (b) granting transactional  immunity under state law for infractions and misdemeanors occurring  within the boundaries of the municipality:  WHAT IS THE PUBLIC TO DO?

WHEN City Government makes a Political Decision NOT to ACT….. Citizens have a responsibility to ask for a Public Explanation as to why the City Council, Mayor has approved/authorized the City Attorney to represent the city in this way. (By their fruits ye shall know them).

In light of recent revelations brought forth by Reporter Michael Flynn it IS incumbent on the PUBLIC to ask questions and DEMAND answers as after all is said and done….. Constitutional Values can only be preserved and protected by the actions of good citizens. 

WHY is not Utah Municipal Code section 10-3-826…..Official neglect and misconduct class A misdemeanor- -Removal from office…..Not Being Looked At or Considered by the city attorney?

 

10-3-826 Reads: In case any municipal officer shall at any time wilfully omit to perform any duty, or willfully and corruptly be guilty of oppression, malconduct, misfeasance, or malfeasance in office, the person is guilty of a class A misdemeanor, shall be removed from office, and is not eligible for any municipal office thereafter. ( Amended by Chapter 178, 1986 General Session).

Utah Municipal Code Section 10-3-913 Authority of chief of police. 

(1) The chief of police has the same authority as the sheriff within the boundaries of the municipality of appointment. The chief has authority to: (a) suppress riots, disturbances, and breaches of the peace; (b) apprehend all persons violating state laws or city ordinances; (c) diligently discharge his duties and enforce all ordinances of the city to preserve the peace, good order, and protection of the rights and property of all persons.

Do we not have a City Council, Mayor leading and directing the City Manager and City Attorney on the prescribed set of values the public elected them to represent? 

Has the Wolf been assigned to guard the Hen House or in this case the City? 

I am not affiliated with Southern Utah Independent News but ask you to take the time to read Michael Flynn’s articles for a clear understanding of what prompted me to bring these issues to your attention. 

Thank you, Ed Baca