Short is suing officials again

Salt Lake County Attorney Doug Short has filed a surprise federal lawsuit accusing county commissioners of illegally trying to thwart his investigations of wrongdoing.

Short is also alleging that commissioners tried to strike a secret deal with him to secure his resignation in exchange for two years salary and payment of his legal expenses.The action was filed in U.S. District Court on Thursday, one day after Short and the commissioners took their ongoing legal battles to the Utah Supreme Court and just six weeks before Short leaves office.

Commissioners Brent Overson, Mary Callaghan and Randy Horiuchi were named as individuals rather than in their official capacities. Short's attorneys, Mary Anne Q. Wood and Larry S. Jenkins, contend the commissioners cannot assert a claim of immunity from liability because their actions were willful violations of the law.

Horiuchi said he wasn't surprised to see yet another lawsuit. "It's sort of typical. It follows this pattern that he's followed of confrontation and conflict," he said.

"My question is, when will it ever end? The hope was, now that the terms are over and we've served our time, this continuing bitterness would end, but I guess not. I guess he'll continue to use his legal skills to keep suing people."

Short says in the new federal lawsuit that his troubles with the commissioners can be traced back to his efforts to investigate alleged illegal expenditure of public funds, illegal campaign contributions, laundering of campaign donations through a secret political action committee operated by Overson and unlawful activities at the Hansen Planetarium.

Specifically, Short challenged the commission's contribution of $750,000 in county funds toward the salaries of the newly elected officials of Taylorsville and other donations to charities. When Short tried to address the issue during a County Commission meeting, Overson had him forcibly removed from the chambers by an armed security officer, the suit says.

Also, Short said commissioners filed a lawsuit in 3rd District Court to stop him from investigating allegations of misconduct involving Charles Gibbs, who was then the director of the planetarium. No criminal charges were ever filed in connection with the investigation, and Gibbs later filed a lawsuit accusing Short of violating his rights. Short said he has spent $85,000 defending himself against Gibbs' lawsuit.

As the conflict between Short and the commissioners escalated in 1996, the commissioners voted to effectively cut his salary by 20 percent. In December 1996, the commissioners ordered an investigation of the county attorney's office based on "unsubstantiated allegations contained in an anonymous letter," the lawsuit adds. They also placed Short on administrative leave.

It was shortly after that development that Short was offered the secret deal, according to the lawsuit.

"In early 1997, one or more commissioners communicated an offer to Short through an intermediary that if Short would resign, the commissioners would immediately terminate the investigation and pay Short his remaining two years of full salary without the reduction voted in December 1996," the lawsuit alleges.

"This offer, had it been accepted rather than rejected by Short, would have effectively terminated Short's investigations into the commissioners' alleged wrongdoings."

Overson said Short "is very creative in remembering the facts," though he acknowledged the allegation has some basis in reality. He said the offer came from the other end.

"Rob Howell approached us and said we ought to pay him off. We said give us some more details, and that was the end of it," Overson said. "We didn't hear anything after that."

It was unknown whether Howell, an appointee of Short's who is employed at-will (meaning he can be fired without cause), was acting on his own or on behalf of Short. Short, however, clearly knew about the incident since it showed up in the suit.

Howell was not available for comment Friday.

Would commissioners have further considered the offer had it gone further? You bet, Overson said.

"If he would have left office I would have done anything," he said.

Overson said the incident was reported to the grand jury that Short approached with the allegations, which decided to do nothing with it.

Horiuchi said he had heard rumors of the offer to Short but "I never participated in any discussions about it." He said it would have been "a great thing" if Short had resigned. "But I don't think it ever got past the hoping stage."

Short said the commissioners' actions over the past two years have violated his free speech, due process and equal protection rights as well as state and federal laws. The violations have cost him more than $100,000 in legal expenses plus $50,000 in lost salary and benefits, he added. The lawsuit seeks reimbursement of those costs plus punitive damages. The case has been assigned to Judge Dale Kimball.