Former Utah state Sen. Gene Davis used more than $10,000 of his campaign funds to pay legal fees in challenging sexual misconduct allegations, a campaign finance report filed with the lieutenant governor’s office shows.
Utah Lt. Gov. Deidre Henderson’s office told The Salt Lake Tribune that it’s considering penalties for the expenditure.
According to the Democrat’s year-end report submitted this week, Davis’ campaign paid $10,837.50 to attorney Benjamin Grindstaff in November. Grindstaff represented Davis as he faced allegations from a former intern and campaign staffer that on multiple occasions he touched her and behaved in ways that made her uncomfortable.
“The lieutenant governor’s disclosures specialist began the informal adjudicative proceeding today in accordance with the Administrative Procedures Act,” a spokesperson told The Tribune on Friday evening. “This provides officeholders an opportunity to respond before the lieutenant governor makes a determination as to whether or not the expenditure was for personal use.”
The lieutenant governor’s spokesperson reached out to The Tribune on Saturday afternoon to further clarify, saying, “The officeholder may very well be in compliance with Utah code, and the initiation of this process is not necessarily an indication of any wrongdoing.”
The Tribune first reached out to the lieutenant governor’s office inquiring about the expenditure Thursday.
Davis, who lost a Democratic primary election to Sen. Nate Blouin in June, did not respond to requests for comment — neither though his personal email, home phone number, cell phone number, nor emails sent to his attorney.
When reached on the phone Saturday morning, Grindstaff said neither he nor Davis had a comment at this time.
State law has strict rules for how a candidate — or former candidate — can use campaign funds. Using the money for a “personal use expenditure” is banned. Included in Utah’s definition of a “personal use expenditure,” among more than a dozen other things, is “a personal service, including the service of an attorney, accountant, physician, or other professional person.”
There is an exception for using funds to pay an attorney, however, if it is “made in connection with the candidacy for public office or an activity or duty of an officeholder.”
The penalty for using campaign funds for personal use expenditures, if the lieutenant governor has “probable cause to believe” a candidate has done so after an informal adjudicative proceeding, is paying her office a penalty equal to 50% of the expenditure and adding an amount equal to what was spent back into the campaign account, according to state law.
After paying Grindstaff’s fees, Davis has nearly $60,000 left in his campaign account, according to the year-end finance report. Davis has not answered multiple emails from The Tribune over the last few months asking about his plans for that money.
In August, Sonia Weglinski detailed her accusations against Davis in an Instagram post and an interview with The Salt Lake Tribune, saying the longtime lawmaker had touched her, making her feel uncomfortable, during the five months she worked with him. Both the Salt Lake County Democratic Party and the Utah Senate investigated her claims, the latter finding Davis “more likely than not” violated the body’s policies in his interactions with the intern.
Weglinski is the second woman to publicly accuse the now-retired senator of sexual misconduct. Former legislative staffer Elizabeth Converse alleged in a 2021 Facebook post that Davis behaved inappropriately toward her at the Utah Capitol and on a legislative trip.
The Salt Lake County Democratic Party in September called for Davis’ “immediate and unconditional resignation” and suspended him from the party following its investigation into Weglinski’s allegations.
Soon after the party’s news release, Grindstaff — identifying himself as Davis’ attorney — sent a letter to other media outlets, which he later forwarded to The Tribune. It criticized the party’s investigation process, saying it didn’t adhere to “the requirement of confidentiality, the right to an unbiased investigation, and the right to appeal any decision” outlined in the party’s anti-harassment policy.
“Senator Davis has done nothing that would warrant his resignation from the Utah State Senate,” Grindstaff wrote in the letter. “Senator Davis will continue to be a fervent voice on Capitol Hill for public education and for the health and economic stability of Utah families.”
Grindstaff continued to act as Davis’ mouthpiece in denying the allegations following the Senate’s findings. In an email sent to other media outlets and forwarded to The Tribune in mid-October, the attorney said Davis would retire early on Nov. 19.
Senate President Stuart Adams and then-Senate Minority Leader Karen Mayne had removed Davis from all committee assignments earlier that day, and Adams urged the embattled senator to resign.
The Utah Democratic Party temporarily suspended Davis in August, pending the results of the Senate’s investigation. In a statement after the findings were published, it also called for Davis to step down.
“Though Senator Davis continues to deny any wrongdoing, recent events have made it impractical for him to continue his work in the Senate,” Grindstaff wrote. “So, in the best interest of his constituency and the people of Utah, Senator Davis has determined to step aside and resign from the Utah State Senate. Today’s announcement is not the end of Senator Davis’ commitment and dedication to the people of Utah.”
Davis did not appear to pay for Grindstaff’s services until after the allegations, according to his campaign finance reports from last year. Grindstaff is not listed in any other campaign expenditures from 2022.
Within a week of Weglinski’s Instagram post last August, more than 100 women who work in Utah politics signed a statement condemning harassment in the state. Henderson was among them.
“We stand together in stating unequivocally that there is no place for harassment in Utah politics,” the statement read. It continued, “Aggressors must be held accountable for their actions, regardless of their years of service or status.”
Update, Jan. 14, 2:30 p.m. • This story now includes additional details from Lt. Gov. Deidre Henderson’s office.
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