Tuesday, August 23, 2005

Utah Code 10-3-1108 Section 2d

I picked this up at State of the Beehive: (d) a municipal officer or employee may not use municipal equipment while engaged in political activity; Is Mayor Anderson facing legal problems? Would anyone prosecute for just one email? Mayor Anderson is himself a lawyer and a reasonably smart guy. Why didn't he just use his rocky@yahoo. Maybe he used his city email to make a specific point.

8 Comments:

Anonymous Bryan Schott said...

Hey Ethan...

I did a story on this yesterday and asked the A.G. office if this was a violation of the statute.

They said the statute does not define "political activity," so Anderson is in a big grey area in the law.

Keep up the great work.

Bryan Schott - News Director. KCPW Radio

8/23/2005 12:55:00 PM  
Blogger Shawn said...

Furthermore, this protest could also be defined as a public event in which the City, at the discretion of its administration, may initiate. At any rate, if this particular statute were to be applied narrowly enough to include Rocky's email, countless other politicos and government employees would undoubtedly be snared in such a wide net.

8/23/2005 01:15:00 PM  
Blogger Ethan said...

Thanks for the clarification

8/23/2005 01:15:00 PM  
Blogger Ken said...

If Rocky announced he was giving a speech in Pioneer Park denouncing the war and president Bush while the President was in town, that would certainly be within his rights. However he billed it as a protest and invited those in attendance to participate in a protest. A demonstration such as the one that Rocky organized is a political event. He was certainly within his rights as a private citizen to do what he did but he crossed the line when he organized the protest in his official capacity as Mayor, and used city property for the event.

We will have to see if Attorney General Shurtliff or the Salt Lake City council has the guts to go after Rocky. If we put enough pressure on them then maybe they will. Who knows?

8/23/2005 02:24:00 PM  
Blogger Ken said...

PS. I also have an article about this in my blog. There is a very robust debate going on in my comments as well.

8/23/2005 02:28:00 PM  
Blogger Shawn said...

This Ken dude is obviously no lawyer and doesn't hold Republicans to the same standards. Impeach Rocky because use of city email to initiate a political protest constitutes misappropriation of city funds? BWAH HA HA HA! I guess if you're the President and you use taxpayer money to hold supporters-only social security bamboozle rallies, that's okay. But the use of City email? Off with his head!

8/23/2005 02:47:00 PM  
Blogger ALBUNDY said...

An email to promote his political views, and ROCKY IMPEACHED???

GW has used over $500 billion and used American Blood to promote his. Tell me where should the impeachment be???

8/23/2005 10:04:00 PM  
Blogger hiro said...

Hey, you have a great blog here! I'm definitely going to bookmark you! I have a new jersey lawyer site/blog. It pretty much covers new jersey lawyer related stuff.

10/07/2005 01:49:00 AM  

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