That was the conclusion Wednesday of a long-awaited investigation.
A report by Weber County Attorney Mark DeCaria said the chief also probably had sufficient information to put the officer, Matthew Jones, on administrative leave - even though there is not enough evidence to suspect Jones committed any crime.
The officer was placed on leave July 27, just hours after Godfrey had linked him to a van emblazoned with a sign protesting the mayor and city pay policies, and which had been parked for eight days on busy city streets.
Greiner contends it was only a coincidence that Jones was placed on leave the same night that Godfrey followed the officer. DeCaria's report, using testimony from Greiner's own lieutenants, calls into question the chief's contention.
The report steers clear of questioning the ethics of the mayor and police chief's behavior in the Jones case, and also said it would take a jury to decide if Jones' free-speech rights were violated.
DeCaria has been under pressure to release the report, in the works since Aug. 7, because Greiner is the Republican candidate for the Utah Senate seat in District 18 on Tuesday's ballot.
His challenger, Democrat Stuart Reid, declined to comment Wednesday.
Godfrey, who is traveling out of state, said he was happy with the outcome of the investigation, which he had requested in the tumult following Greiner's action against Jones.
"We think it's great. We're pleased to have it behind us," the mayor said.
Jones said he was disappointed that DeCaria's report was not definitive in certain instances, although he is happy DeCaria declared there is insufficient evidence to prosecute him over an earlier incident.
"There is absolutely no evidence because I didn't do it," said Jones, who hopes he also will be cleared by a department internal-affairs investigation. He is on paid leave.
Greiner insists that he placed Jones on leave because the mayor's phone call reminded him that he, Greiner, had intended to suspend Jones earlier in the day for investigation of a possible connection to a wallet theft during a traffic stop earlier that month.
But Lt. Scott Sangberg told investigators that he had told Greiner that day that there was not enough evidence to place Jones or any other officer on leave, and that he needed more time to investigate.
At the time, Greiner did not object, Sangberg told investigators.
Greiner said Wednesday that he doesn't remember Sangberg making that recommendation. Uppermost in his mind, Greiner said, was that Sangberg had described the allegation as a "credible criminal complaint."
Sangberg also told investigators that when he spoke to the chief that night, Sangberg expressed concern about Jones' First Amendment rights and Greiner responded, "'I don't want to hear it.'"
Greiner said that's because, by the time Sangberg returned his call at 8:45 p.m., the decision to suspend "was already a done deal."
The report indicates that both Sangberg and the duty lieutenant that night, Lt. Mark Acker, had concerns with Jones' discipline, but decided to follow the chief's instructions.
Greiner also placed a four-minute call to the mayor to tell him that the officer had been placed on administrative leave, the report said. Greiner said Wednesday he didn't recall that conversation.
kmoulton@sltrib.com


