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Law prof urges look at 'bonus' donations
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A prominent law professor - who served as special counsel in Washington during Watergate - is calling for an investigation into campaign contributions allegedly funneled illegally through the employees of a Republican developer to GOP district attorney candidate Lohra Miller.

John Flynn, who retired last year after 42 years of teaching ethics and constitutional law at the University of Utah's law school, says the so-called "proxy" contributions may violate "both the spirit and the letter" of Salt Lake County's ethics code and compromise the integrity of the Nov. 7 election.

"If the stories are true, it looks like a pretty clear-cut violation," Flynn said Monday. "My sole motivation is disgust with money and politics and playing games."

Flynn submitted a letter to Utah Attorney General Mark Shurtleff - his former student and a Miller supporter - urging him to investigate $24,000 in contributions that originated as employee bonuses from Dell Loy Hansen, chief executive officer of Wasatch Property Management.

The request will be forwarded to the AG's criminal division, which must decide on any action, according to Assistant Attorney General Thom Roberts.

Miller says Flynn's missive is nakedly political and blames her Democratic foe, Sim Gill, for an "outrageous" plant.

"He's desperate to distract the voters from the fact I am winning on the issues," she said.

Gill says he has "no idea" who Flynn is and denies any connection to the letter, which also was mailed to the lieutenant governor's office and county district attorney.

"We have not even paid any attention to it," he said. "We are focusing on our campaign."

Still, county GOP Chairman James Evans accuses Flynn of recycling old "garbage" and calls the law professor a "partisan hack." Miller echoed the charge, saying Flynn is a "Rocky Anderson Democrat" who has donated to ultraliberal causes.

Those accusations inflamed Flynn, who insists he knows neither candidate and learned of the potential conflict through news reports.

"If those a--holes want to call me names, go ahead and do so," the 70-year-old Flynn fired back. "I don't really give a damn. They're asinine and ridiculous and junior high school. They're doing it to avoid discussing the point of the letter."

Flynn's push for a probe outlines the following county ordinance - punishable by a class B misdemeanor - that prohibits proxy contributions: "No person shall make a contribution in the name of another person or make a contribution with another person's funds in their own name, and no [candidate] shall knowingly accept such contributions."

In his letter, Flynn appeals to state officials to conduct the investigation, noting DA David Yocom - a Democrat and Gill supporter - likely has a conflict of interest.

Miller said she received $2,000 checks from 12 Wasatch Property Management employees, as well as one $2,000 check each from Hansen, the company's CEO, and his attorney, John Dahlstrom Jr. County rules cap individual campaign donations at $2,000.

But Miller recently refunded one Wasatch employee's donation by writing a $2,000 check on the employee's behalf to Primary Children's Medical Center.

Miller said she immediately called or met with each of the 12 employees after a Sept. 21 City Weekly story suggested the $24,000 constituted illegal proxy contributions allegedly made on behalf of Wasatch.

Miller said North Salt Lake resident Shauna Hardy, who no longer works for the company, was the only donor who expressed misgivings.

Everyone else Miller spoke to was "excited and glad to be involved in the campaign," the Republican candidate said.

Miller said Hardy told her "she wasn't sure what to do. That since others had donated, she did, too, but she wasn't sure about it." But when Miller offered to return Hardy's money, the woman said she didn't want it." I said I couldn't keep it either," Miller recalled. "I said, 'Why don't we give it to a charity?' "

Calls from The Tribune to Hardy and Hansen were not returned.

djensen@sltrib.com

shunt@sltrib.com

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