The council's 7-0 vote came even as a 1995 memorandum surfaced detailing additional allegations against former Chief Deputy Clerk Nick Floros.

The Deseret Morning News sought the report under the state's Government Records Access and Management Act.

"We're disappointed that the County Council wouldn't hear our case on its merits," said Jeff Hunt, an attorney for the paper. "The public deserves to know whether this was a thorough and competent investigation."

But the council emerged from a closed session to reveal a strategy that would take the controversial matter out of its hands.

Councilman Cortlund Ashton said the ruling was in the News' best interest. Under this arrangement - hammered out by the council, District Attorney's Office and the paper - council members dodged an expected court battle with the D.A.'s office, which had vowed to sue if they voted to subpoena the report for review.

Now, the News can proceed directly to 3rd District Court with its appeal to make the report public, Ashton said.

But News Managing Editor Rick Hall said Tuesday afternoon he was unsure whether the paper would pursue the matter in court. "As a practical matter, cost is an issue. We think the D.A. is trying to drag this out."

The document in dispute is a summary of findings by two outside attorneys hired by Salt Lake County. They conducted an independent investigation into allegations made a year ago by Marcia Rice, who is on leave from the clerk's office.

In October, she sued Salt Lake County and Floros - who retired in January - citing more than three dozen instances of sexual harassment. Rice is seeking unspecified monetary damages.

The April 5, 1995, memo that came to light this week is the latest in a string of allegations against Floros that spread across more than two decades. At least six present and former female county employees have alleged that Floros repeatedly intimidated them.

Except for the Rice case, however, the women say the harassment was not of an overt sexual nature.

The memo stokes Republican speculation that Democratic county officials knew that Floros, a longtime Democrat, was repeatedly accused of intimidation and harassment but was allowed to remain in high positions in the county.

The memo is addressed to Democratic County Clerk Sherrie Swensen from Merrilea Jones, former director of elections, and Audrey Sharpsteen, a former elections office employee.

"We wanted to thank you for the opportunity of talking with you at length Friday, March 24, of our concerns and problems we have been experiencing with Nick Floros, your new chief deputy," the memo reads. "Because of Mr. Floros' inappropriate behavior, we are requesting that a third person be present in all meetings with him."

Among other things, the memo alleges Floros created a hostile work environment that included: "inappropriate touching and invasion of 'personal space' "; "continual, improper and uncalled for staring and watching employees"; and "curious inquisitions as to where one goes and who one sees."

Swensen said Tuesday that she saw the memo for the first time last December when the District Attorney's Office, led by Democrat David Yocom, brought it to her attention after Rice complained to the county.

"I never saw that memo until this investigation started. Nobody can tell me when I got it or who was supposed to have given it to me," Swensen said. "And nobody ever said anything to me about improper touching. Even in all my discussions with Ms. Rice, she never mentioned sexual harassment."

Swensen said the 1995 memo was curious because it was on outdated letterhead that had not been used by her office since 1992.

But Sharpsteen, who co-wrote the memo with Jones, said Tuesday it was authentic. "There was a lot of old letterhead in the office," Sharpsteen said. "We typed up the memo and Merrilea took it to Sherrie."

The intimidation was not overtly sexual, Sharpsteen said. But "we didn't want that behavior to continue."

"He would get close to you and touch you on the arm," she said. "But I didn't see it as sexual harassment, it was just to intimidate me."

Democratic Councilman Joe Hatch recused himself from Tuesday's vote. Republican Michael Jensen was called away on a family matter.

csmart@sltrib.com