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Bluffdale: Judge rules against mayor on firing
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated.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.

David Hogue packed up his belongings Monday and moved out of Bluffdale's administrative services director's office.

The move came on the heels of 3rd District Judge Kate Toomey's ruling in favor of Bluffdale's City Council on Monday, saying Mayor Claudia Anderson needed the council's advice and consent before firing the former director, Brent Bluth, and hiring Hogue in his place.

"The council refused to consent . . . and he may not serve in that position," the ruling said.

The five council members were content with Monday's decision.

"It's a happy day for Bluffdale. The citizens have won," said Councilwoman Martha Speed. "We have been under the tyrannical oppression of a mayor who only wants her way . . . This just proves we have been correct all along."

Hogue had a different take on the decision.

"I'm disappointed in the City Council and the position they took. They were trying to hamstring a good mayor - one of the best mayors I've seen over the years I've been involved in politics," he said. "The staff is the ones that will continue to suffer as long as there is contention."

Anderson did not return phone calls Monday, and it was unclear whether she would appeal the court's decision.

But her attorney, Karra Porter, said until the Utah Supreme Court construes a state statute giving elected officers the sole right to appoint their deputies and assistants, other cities might run into similar conflicts. But she added the intent of the suit was simply to get a ruling because city business was "basically at a stand-still."

The council issued a statement Monday inviting Anderson to join it "in focusing on serving the needs of Bluffdale's citizens," adding that it hopes Anderson "will respect the Court's ruling and refrain from wasting taxpayer resources with further litigation."

As of last week, Hogue had been paid $6,591.52 from the city's thinning wallet since Jan. 19 and had access to keys, computer passwords and banking information, according to the council.

Councilwoman Nancy Lord said the council would address the payment issue and determine whether the city should be reimbursed.

This is just one of three lawsuits that have cost Bluffdale much of its money and focus. The city has spent more than $208,000 in taxpayer money on attorney fees this year, but it only budgeted $158,300 for that purpose. Of the $208,000, $28,658 came from two suits the mayor filed against the council, though that number will grow by the cost of this case. A suit over a massive development trying to disconnect from the city and annex into neighboring Herriman has also cost the city $528,519 since 2004.

As for the administrative services director job, its future is still uncertain.

Attorneys from both sides agreed Monday's ruling opens the door for Bluth to resume his job, but council members doubted he would be interested. Bluth, who had applied for a job in Eagle Mountain but was not selected last week, did not return phone calls Monday.

"My sense is that he does not want to come back into a poisoned situation," said Councilman Jesse Kelley.

Lord said Hogue is one of three who have applied for the position thus far; though the council made it clear they would never consent to his hiring.

Speed said the city is excited to get back on track.

"This has taken a great deal of our personal energy and a great deal of distraction," Speed said. "Rather than doing the city's business, we have been defending the rule of law."

sgehrke@sltrib.com

The decision says that she needed the consent the of City Council to get rid of administrator
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