Conflict Erupts Over Board Of Appeals

Bobbie Bicknell Coray, Reporter

Rich Civic Times

GARDEN CITY, Utah,  November  27, 2013. Four years ago, Howard Pope, Ken Hansen and Larry Hodges were appointed by the Town Council as the three members of the Board of Appeals, which is the last line of citizen appeal for decisions made by the Town Council before a council decision disputed by citizens would go to District Court.

Water’s Edge project will be appealing a recent town council decision to the Board of Appeals this week.  Mayor Spuhler called a special meeting of the town council at 8 a.m. on November 27.  The mayor is concerned over what he views as an apparent conflict of interest of Ken Hansen, who has worked in the past on projects with Norm Mecham, Water’s Edge developer (although not this one).  The mayor decided to appoint at the special meeting a new Board of Appeals consisting of Jim DeGroot, Howard Pope and Skip Duffin.

Mayor Spuhler said he had the authority to do this now because he believes the old board actually wasn’t a legal board since they had never been sworn in.   The city website has listed Ken Hansen, Howard Pope and Larry Hodges as members of the city Board of Appeals for the last four years.  In that period they have never had to convene.

Former Mayor Ken Hansen said, “If I had a conflict of interest then it was my responsibility to declare it.  It is not your right to take me off the board without talking to me.  I am not unhappy about not serving on this board, what I am unhappy with is that you arbitrarily took me off because you thought I might have a conflict and then did not tell me of your concern.”

Mayor Spuhler responded, “Why would I put someone on the board who has a significant conflict of interest?  In January when the term of office was over I would not have reappointed you”.   Hansen said, “In the past offices I have held I have always declared a conflict of interest if one existed and removed myself if I thought I could not vote fairly.”

Mayor Spuhler said, “I am trying to be as fair as possible.  I think the Water’s Edge project is terrific. But I do not want even the appearance of conflict of interest.”

“There seems to be a juggling of the appeals board just because of Water’s Edge,” said Norm Mecham.  Mayor Spuhler said that he understood because these people were not sworn in they are actually not on the appeals board.  (Editor’s note: in effect the mayor was arguing that absent a swearing in of members then a staffed board did not exist).  Then the Mayor said, “We could replace Larry Hodges position with Skip Duffin”.  (Hodges passed away this summer)

The council said that they thought that replacing Hodges would then imply that the current board was in fact a legal and empowered board.  One council member said, “If we do this, how will we start out the term stagger?  There have to be staggered three year terms and two year terms.”  Councilwoman Pat Argyle asked, “What if Mecham needs an answer to his appeal?  He must be answered within 10 days”.

Mecham said, “You, mayor, are making a predetermined decision on this.  I will be submitting an appeal in three days.”

Pat Argyle said that the city needs to have to have a board in place if Mecham appeals.  Mecham said he is ready to go to the board of appeals on the past issues.  Mecham said, “They have 10 days to decide based on record.  No one from the developers or city should try to influence them.”

Then the mayor asked Ken if he would resign from the board.  But it was pointed out that just as replacing Hodges would imply that there was a legally sitting board, then Hansen resigning would also imply a board had been legally constituted,  and the Mayor’s argument that there was no board because they had not been sworn in was not then logical.

Huefner said, “Well, if they were confirmed as board members four years ago, their terms have run out.  But the statute provides for them to stay in office until a new board is chosen, and that board should be chosen in January.”  She suggested calling the city attorney.

“Could you serve fairly, Ken”? asked Spuhler.

Hansen responded, “I will not serve on your appeals board even though I could do it fairly.  You predetermined an outcome first.   It was my call to recuse myself, if necessary, on any issue.  I understand your concern but you determined it for me rather than asking me.” 

Then the mayor asked Howard Pope, Skip Duffin, and Jim DeGroot if they could be fair.  DeGroot said “I don’t have a dog in the fight.”

 

The Mayor said there are lawsuits threatened by both sides.  He asked the council to make a motion that the new people are to be appointed today, November 27.  “I do not want Ken on this decision.”   Hansen left the meeting.

Councilwoman Bess Huefner started to make a motion for the new appeals board upon condition of the mayor checking with League of Cities and Towns and the city attorney.  The mayor said he would call them but he didn’t want Councilwoman Huefner’s condition statement to be in the motion.  Councilman Darrin Pugmire said, “It is not wise for the mayor to tell a council person what they should say in a motion.”

Huefner then restated the motion that the three nominees identified by the mayor be appointed with Howard Pope having the three year term.  The motion passed unanimously.  The mayor then asked to swear them in immediately.  Pat Argyle said, “Not until we check the legality and that we are following ordinances.”

The mayor said that the new board could come in and be sworn in on Monday after he had called the attorney to verify that all was legally compliant.