Rolly: Chief wants candidate to shuck uniform
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

In my Wednesday column about Salt Lake County sheriff's candidate Beau Babka wearing his Cottonwood Heights police uniform while announcing his candidacy, I wrote about Cottonwood Heights Police Chief Robby Russo's comment to me that his department has not received any federal funds.

That's an important point, since receiving federal funds could potentially make Babka, as a department employee, subject to the federal Hatch Act and make wearing his uniform while campaigning a potential violation of the law. The act restricts federal employees' participation in partisan politics.

It turns out that Cottonwood Heights has received federal funds through grants for specific programs. Russo told me Thursday he hadn't considered those grants, which pass through the state. He was talking about federal stimulus money.

Still, Attorney General Mark Shurtleff, who endorsed Babka's candidacy, said Babka is not subject to the Hatch Act because he doesn't personally administer or supervise the programs that are federally funded.

Russo said the whole issue is fuzzy enough that, while he gave Babka permission to wear his uniform at his announcement, he will advise him not to wear it while campaigning in the future.

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Speaking of the Hatch Act » Some have wondered if it's appropriate that Michael Jensen, Salt Lake County's United Fire Authority chief, also is a member of the Salt Lake County Council, a political position, since Jensen does oversee administering federal funds for his department and the Hatch Act prohibits those who fall under its jurisdiction from running for office.

That has not become a big issue, but it appears Jensen's wearing of the two hats has created a practical problem.

Some of his colleagues on the council were not pleased to discover that Karl Hendrickson, the council's legal adviser who is considered one of the brightest local government attorneys in the state, is resigning from the council to accept a job as legal counsel to the Unified Fire Authority.

In other words, Jensen the fire chief stole Hendrickson away from the County Council, of which Jensen is a member.

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Speaking of conflicts » Utah Supreme Court Justice Jill Parrish has said in interviews and to a Senate committee that a bill that would have the governor pick the chief justice of the court, rather than the justices themselves, is a bad idea because it would, among other things, politicize the position by making the chief justice beholden to the governor.

Funny. The Supreme Court has ruled in the past that there is no problem with the 108 Justice Court judges in Utah being appointed by the mayors of the cities in which they preside, potentially making them beholden to those mayors.

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Also speaking of conflicts » Utahpolicy.com, the political Web site, links to other news sources and their stories each day.

But the link Thursday to a story in The Salt Lake Tribune about EnergySolutions rejecting an earlier agreement not to expand its hazardous waste storage facility was under a headline on the Utahpolicy.com page that read: "Utah company offers long-term radioactive solution."

That implies something a little different than what the actual Tribune headline said: "EnergySolutions flips on deal not to expand waste site."

Perhaps the fact that principals of the political blog also do some lobbying and are a bit cozy with some of the brass at EnergySolutions has something to do with the altered headline.

prolly@sltrib.com

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