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Tech college head resigns after state audit questions his compensation
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The president of the Utah College of Applied Technology has resigned in the wake of a state audit that found he received an unjustifiably high compensation package and failed to report all of it on his tax returns.

Robert Brems submitted his resignation effective Wednesday, the state Board of Regents announced Thursday.

The board also disclosed that Brems, who has been on paid leave since early August, would continue on paid leave status through Oct. 31. Based on his $139,125 annual salary, that works out to about $16,000 in additional pay.

Higher Education Commissioner Richard Kendell, who made the decision on paid leave, "views the resignation as a courtesy," said spokeswoman Amanda Covington. "This allows him to notify Regents to begin the [presidential] search process."

Kendell was not available for comment Thursday.

The Board of Regents, which has had Brems on paid leave for more than six weeks while conducting its own investigation, will complete it and release the results publicly next week.

State Auditor Auston Johnson, whose Aug. 22 report was sharply critical of Brems' compensation, declined comment Thursday on the six-week leave issue.

"It's not my call," he said.

At least one leading state lawmaker wants to explore the paid leave decision further.

"I'd be very curious to find out the mitigating factors that went into making that type of decision," said House Majority Leader David Clark, R-Santa Clara. Clark said he would reserve judgment until receiving that information.

A member of the budget committee overseeing the state's colleges and universities, Clark said he had read the audit "cover to cover" and was not surprised that Brems resigned.

"With the circumstances that the audit suggested, it's not normal that there would be a reward for this behavior," Clark said, referring to the six weeks' pay. "I don't think the underlying intentions were bad, but the actions were."

Brems' resignation letter said he was leaving to "alleviate further disruption" in the wake of the audit findings. "I believe it is in the best interest of the College for me to step down at this time." He admitted no wrongdoing.

The Board of Regents held a closed-door meeting last week to talk about unspecified "personnel matters." Covington said no official action was taken by the board.

The Aug. 22 audit criticized a $157,782 "transition package" given to Brems last year when he was promoted to Utah College of Applied Technology president from his former post as president of the Mountainland Applied Technology College in Orem.

The pay was illegally approved in a closed-door meeting of the Mountainland Board and, according to auditors, was too high. They deemed "unreasonable," the Board's attempt to justify the amount as needed to make up for lost retirement benefits and as an incentive to Brems to take the new job.

The audit also criticized the fact that nearly $40,000 of the package was used to set up an endowment that only benefitted Brems' family members and was "improperly excluded" from his declaration of income for tax purposes.

Brems, in a written response to the audit, apologized for "any mistakes I may have made," adding he "acted with a good faith belief that my conduct was entirely legal, proper and well intentioned."

The Mountainland Board, in its defense, said Kendell attended the closed meeting where the pay package was approved and they viewed his participation as "an implicit, if not direct, endorsement" of the action.

While not a subject of the audit, Kendell filed his own written response, insisting that he had no role in approving the package, but acted only as a "neutral" source of information.

Still on paid leave is Clay Christensen, president of the Mountainland College of Applied Technology College.

Christensen was criticized in the audit for using school resources in the construction of a parade float for the Utah County Republican Party. When told that the use of public funds for such a partisan purpose was illegal, he falsified documents to cover up the abuse, auditors said.

The Mountainland College of Applied Technology board was scheduled to meet behind closed doors Monday but canceled the session because of a lack of quorum.

Jared Haines, who has been serving as acting president of the Utah College of Applied Technology, will remain in that position.

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