This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
As Utah lawmakers prepare to take their first hard look into the workings of the Utah Communications Authority (UCA) after disclosure that it was rocked by a $1 million, decadelong embezzlement, some leaders of the independent taxpayer-funded agency worry about a possible state takeover.
The issue surfaced at a recent board meeting of the agency that oversees 911 and emergency communications statewide as members discussed their search for a new director after 17-year veteran director Steven Proctor resigned in the wake of the financial bombshell.
Sanpete County Sheriff and board member Brian Nielson asked about the prospects of an attempt by the Utah Legislature to rein in the agency and bring it under state control.
Board Chairwoman Tina Mathieu downplayed the possibility.
Mathieu, executive director for the Weber-area 911 and emergency services district, pointed out that 75 percent of UCA assets — including emergency radios and the network constructed to link them statewide — belong to the local government entities that paid for them.
"It would take a large amount of money and time and negotiations to make it happen," she said, adding that the state, which contributes about 25 percent of UCA's revenue, would have to buy out local governments' share.
"UCA is owned by the people who pay for it," she said.
Nielson wasn't so sure. Noting the large number of legislative bills that have shaped and then reshaped the agency and its operations in recent years, he said it seemed to him a state takeover isn't out of the question.
Sen. Wayne Harper, R-Taylorsville, has sponsored UCA legislation previously and recently pushed to expand a legislative audit to dig into the agency's finances and operations. He isn't aware of any proposal to take over the agency, but said it wouldn't surprise him if such legislation materialized.
"A lot of my colleagues are concerned about what happened, and why [the embezzlement] went on for so long," Harper said, adding he intends to wait for results of the legislative audit, due to be completed in September, to decide what the best course of action is.
Two legislative committee are scheduled next week to have their first public discussions of the UCA embezzlement and see results of a state auditor's examination of the agency's financial and accountability lapses.
Meanwhile, a criminal probe is underway, according to UCA and the Salt Lake County district attorney's office, which is assisting West Valley City police with the investigation.
A 3rd District Court civil judgment placed the blame on Patricia Nelson, longtime administrative assistant to Proctor, and Nelson's daughter Crystal Evans. The two admitted in the civil-court documents that they misused UCA credit cards to the tune of $1 million, and agreed to pay interest and punitive damages, bringing the total judgment to $2.3 million. They have paid back $70,000 so far, according to attorneys.
Asked why no charges have been filed four months after discovery of the embezzlement, and more than a month after the civil confessions were filed, District Attorney Sim Gill said the burden of proof is much higher in a criminal case than a civil one. He didn't elaborate.