City may appeal, but Greiner won’t run [Standard-Examiner, Ogden, Utah]

Apr. 2--OGDEN -- City officials will decide next week whether to appeal a ruling ordering the termination of Police Chief Jon Greiner or face forfeiture of about $215,000 in future federal grants because of a Hatch Act violation.

The decision whether to appeal will hinge on projected legal costs and whether the city would likely prevail in reversing a ruling earlier this month by Administrative Law Judge Lana Parke, said John Patterson, Ogden's chief administrative officer.

Parke determined Greiner viol a t e d t h e Hatch Act because he signed off on a half-dozen federal grants valued at more than $1 million already in place during his successful 2006 campaign for the state Senate.

Greiner, a Republican, has withdrawn his candidacy for re-election to the state Senate's District 18 seat in response to Parke's ruling, leaving Stuart Reid, a Republican, and Betty Sawyer, a Democrat, still in the race.

The Utah Risk Management Mutual Association, the city's insurance carrier, is paying Jim Bradshaw, a lawyer defending Greiner, and Stan Preston, an attorney representing the city administra- tion, Patterson said.

Bradshaw and Preston could not be reached for comment Thursday regarding how much URMMA has paid them.

Jim Fisher, claims and litigation manager for URMMA, declined to disclose amounts paid to Bradshaw and Preston because the Hatch Act case is still active.

Ron Ball, Ogden's risk manager, said Thursday he doesn't know how much has been spent on legal fees because attorneys used by the city typically bill URMMA directly.

The Hatch Act case shouldn't increase the city's annual insurance premium with URMMA, Ball said. Premiums are based on the city's size and number of employees and not on individual claims, he said. The city's URMMA premium in 2009 was about $210,000.

As a result of Parke's ruling, Greiner must resign as police chief or the city will be forced to give up future federal grants equal to two years of his salary, a total of about $215,000.

The funds would likely be deducted from future grants awarded to the city until the $215,000 penalty is satisfied, said Patterson.

Even if the city doesn't appeal Parke's ruling, it will willingly give up federal grants to retain Greiner, Patterson said.

Mayor Matthew Godfrey said it is important to keep Greiner as police chief.

"His performance has been remarkable," he said. "How do you take a guy who has done what the community has asked of him and throw him out?"

Greiner could not be reached for comment regarding the city's decision to keep him as police chief.

The city has until April 20 to appeal Parke's ruling to the U.S. Merit Systems Protection Board. If the city is not satisfied with the board's decision, it can file a petition for review with the U.S. Court of Appeals.

Initially created in 1939 to protect federal employees from undue political pressure at the hands of those seeking federal office, the Hatch Act has expanded over the years to cover state and local elections.

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