"The "State Auditor Hotline" provides an avenue for citizens, including government employees, to report suspected financial improprieties or violations of laws or regulations by state and local governments; waste of public funds or resources; and/or constructive suggestions for improving state and local governments regarding financial-related matters, internal control, or compliance. The Hotline coordinates the efforts of existing resources, rather than duplicating efforts of authority already in place."
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We residents of Wasatch County and
Heber Light and Power ratepayers hereby “report suspected financial improprieties or
violations of laws or regulations by state and local
governments; waste of public
funds” and request an audit of Heber Light and Power
and/or its owners, Heber City, Midway and Charleston.
We have contacted "the government
officials (including the county attorney) directly involved in the
issue(s) the chance to take action or modify procedures." They
were "not responsive."
HOTLINE REPORTING FORM
Who is the
person(s) the complaint is against? (Please provide
name, position, agency, division, and phone #)
Dave Phillips, Chair (Heber
City)(654-0574,davphillips@gmail.com);
Connie Tatton (Midway) (654-2416,midwaycityut.org);
John Whiting (Charleston)(654-2343, jcwhiting@yahoo.com)
– (Human Resources Committee) - and possibly other
members of the Heber Light & Power Board of
Directors
|
Who is the above person’s
supervisor? (Please provide name, position, and phone#)
They are the governing board of Heber Light and Power.
There does not appear to be any supervision or
oversight of the Board. |
What is the assertion of
improper governmental activity? Please describe in detail.
Planning,
preparing, instituting and accepting a four-fold plus
pay increase for themselves, an annual amount which
would have been more that half of the dividend
normally paid to the cities owning HL & P and
about the same as collected from residents in recently
passed service charge fees. |
When did
the event(s) take place? Please include dates, time,
and frequency.
Specifically, at a meeting
16 Nov 2011, and some time period before preparing and
continuing payments. In that meeting
under an agenda item of “Employee &
Exempt Employee Manual Amendments” the
board (with two absent members) approved an
effective monthly pay raise of $1,687, supposedly
for “health care benefits.” That agenda item
appears to be a violation of the intent of the
Open Meetings Act; the discussion on the the pay
raise (retroactive “health insurance” benefit)
lasted less than one minute. (audio available)
These “benefit”
payments were made retroactive for a period of
several months resulting in a payment in December
2011 of $10,122 per board member and continuing
payments in January and February 2012 for $1687.
This payment was
in addition to their “regular” monthly payments of
about $466 ($599 for chair). The board generally
spends less than 2 hours per month in a board
meeting.
One board member
refused to accept the payment as excessive and
subsequently, after a citizen petition protesting
the action, 7 or 8 of the recipients have
reportedly returned, or agreed to return, the
funds. The online
petition collected about 570 signatures a few
hundred were collected on paper.
Mayors Philips and Tatton and Heber
Councilman Patterson have refused to return the
money as they indicated they believed it had been
“earned.” Mr. Patterson was not even a board member
in 2011, but received $4.050 as part of a shared
compensation plan among Council members. The
remaining Council members returned their share of
the money. Charleston Town President John Whiting
reportedly is returning the money by not accepting
his monthly payment.
Phillips, Tatton
and Whiting were members of the “Human Resource”
Committee and/or the Personnel committee which
formulated the so-called health benefit plan over
a period of two years. Other board members have
reported they were unaware of the proposal until
it was presented at the November Board meeting.
The two members who were NOT present learned about
it after the meeting.
At a meeting of the Board in January,
public comment were allowed, but no explanation
was offered, no discussion on the issue was held
and no questions were answered. At the February
Board meeting, future payments were suspended.
After pointed questioning, Chair Phillips
indicated he would not take the February payment,
but repayment was a “personal decision.” |
Where did the event(s) occur?
Heber City, UT
|
Are there any other persons who might provide information or who witnessed the event? If so, what are their names, positions, agencies, divisions, and their contact information?
Other board
members at the time: Mike Kohler (Wasatch Co.)
(654-3728), mikekohler2009@gmail.com)
Alan McDonald, alw_mcdonald@msn.com,
Benny Mergist, 801 404-7765, bencajun@yahoo.com
and management and employees of HL & P
|
Is there evidence that can be examined or documentation that can be reviewed? (Please provide any documentation you have)
Meeting records,
recordings, documentation can be found
here with accompanying links.
|
How do you know about the improper action? Did you see it occur? Did you see documentation indicating it occurred? Did you hear about it from someone else?
Documentation, reports from others, failure of
response and explanation from those involved. No Board
responses from petition submitted at meeting and
numerous requests for an explanation. County Attorney
was non-responsive in requests from several citizens to
investigate the situation.
|
What specific law or state regulation has been violated?Possibly, Open Meetings Act, Municipal Officers' and Employees' Ethics Act, perhaps more, specifically
10-3-818. Salaries in municipalities.
(1) The elective and statutory officers of municipalities shall receive such compensation for their services as the governing body may fix by ordinance adopting compensation or compensation schedules enacted after public hearing. (2) Upon its own motion the governing body may review or consider the compensation of any officer or officers of the municipality or a salary schedule applicable to any officer or officers of the city for the purpose of determining whether or not it should be adopted, changed, or amended. In the event that the governing body decides that the compensation or compensation schedules should be adopted, changed, or amended, it shall set a time and place for a public hearing at which all interested persons shall be given an opportunity to be heard.
10-3-1309. Inducing
officer or employee to violate part prohibited.
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