Sent: Thursday, March 08, 2007 6:05 PM
To: City Council; City Council Staff
Cc: Johnson, Mark; Williams, Gary; Godfrey, Matthew
Subject: Questionable Practices by Councilman Garcia
As Risk Manager for Ogden City I was troubled by several quotes that I read in this morning’s edition of the Standard Examiner. The quotes I am referring to pertain to interactions between Scott Brown and Councilman Garcia. I am deliberately using wording that denotes that I believe the interactions took place. I believe the interaction took place based on repeated conversations I had with, the then HR manager, Dean Martinez.
In my role as a city division manager I had regular dealings with Dean Martinez. I considered Dean a close business friend. He would come to my office nearly every day and discuss some matter of city or personal business. On “Many” of these occasions we would discuss his relationship with Councilman Garcia. The two played golf and meet socially on a regular basis. Much of the details of their conversations relayed to me by Dean are not relevant at this juncture, yet several are of great significance.
Many times Dean would relay what the Councilman’s political plans were. What he was thinking would be best for the city. Changes he would make once he was elected mayor. During the month of August the two played Golf at Milligan’s. (I will have to review my notes to get the exact date) Following the outing Dean came into my office and shut the door. He told me that Councilman Garcia had offered him Mark Johnson’s position if Dean would support him in the upcoming. Dean stated that the councilman was going to fire John Patterson, Dave Harmer, and Mark Johnson the first day he was in office. I could tell by the way he spoke that he truly believed he had the position. He was excited He was relaying the conversation near verbatim as it took place. The only thing that remained to happen was for the Councilman to get elected.
Dean stated that he was to solicit my support of Councilman Garcia, and that I would be secure in my position. Dean was excited about becoming the Management Services Director. He then gave me the list of who he would fire. I took that as a threat that if I did not support the Councilman’s election bid I would also be on the list to be fired on the first day.
At the time it was my understanding in conversations with Dean that the Councilman was actively pursuing several individuals to fill John Paterson’s and Dave Harmers positions. I don’t believe we discussed the names at that time. I do recall that while meeting with Scott Brown on another occasion on a HR/Risk issue Dean brought up the Councilman’s offer, Scott made the statement that he had been offered John Patterson’s position. Dean said he knew but wasn’t sure if it had been offered yet. Something to that effect.
Personal Note: Dean Martinez is not an individual to be trusted. Prior to getting fired I had several conversations with him where he told me he was going to lie to the administration to cover his misgivings. He sought my allegiance in perpetrating lies to the administration. I advised him that his lies would be proven false; he felt it would be his word against whomever and he felt that his claim of discrimination could protect him. He did in fact lie knowing that his superiors had physical proof to the opposite of what he claimed.
I will get with Gary and Mark and see what position I should take in protecting the City from liability should charges be levied against the Councilman. These allegations of impropriety are serious, I would request that any questions you have of me be presented as a Council and with the City Attorney present.
I have included a copy of the Utah statute that I believe the Councilman has violated. It is near on point to the action taken by Councilman Garcia when he actively offered positions within his administration to individuals if they would support his bit to be mayor. It is obvious that Deans actions were an attempt to discredit the administration and increase his chances of becoming the Management Services Director.
UTAH CODE ANNOTATED
Copyright 2006 by Matthew Bender & Company, Inc. a member of the LexisNexis Group.
All rights reserved.
*** STATUTES CURRENT THROUGH THE 2006 FIFTH SPECIAL SESSION. ***
*** ANNOTATIONS CURRENT THROUGH 2006 UT 64 (10/27/2006); 2006 UT APP 435 (10/19/2006) AND OCTOBER 1, 2006 (FEDERAL CASES). ***
TITLE 20A. ELECTION CODE
CHAPTER 1. GENERAL PROVISIONS
PART 6. ELECTION OFFENSES -- GENERALLY
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
Utah Code Ann. § 20A-1-601 (2006)
§ 20A-1-601. Bribery in elections
(1) It is unlawful for any person, directly or indirectly, by himself or through any other person to:
(a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or other valuable consideration to or for any voter or to or for any other person:
(i) to induce the voter to vote or refrain from voting at any election provided by law;
(ii) to induce any voter to vote or refrain from voting at an election for any particular person or persons;
(iii) to induce a voter to go to the polls or remain away from the polls at any election;
(iv) because a voter voted or refrained from voting for any particular person, or went to the polls or remained away from the polls; or
(v) to obtain the political support or aid of any person at an election;
(b) give, offer, or promise any office, place, or employment, or to promise or procure, or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any other person, in order to:
(i) induce a voter to vote or refrain from voting at any election;
(ii) induce any voter to vote or refrain from voting at an election for any particular person or persons; or
(iii) obtain the political support or aid of any person;
(c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the use of, any other person with the intent that the money or other valuable thing be used in bribery at any election provided by law; or
(d) knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money expended wholly or in part in bribery at any election.
(2) In addition to the penalties established in Section 20A-1-609, any person convicted of any of the offenses established by this section shall be punished by a fine of not more than $ 1,000, or by imprisonment in the state prison for not more than five years, or by both a fine and imprisonment.
Ron Ball, J.D.
Risk Manager
Ogden City Corp.
2549 Washington Blvd. Suite 820
Ogden, Utah 84401
Ph. 801-xxx-xxxx
Fax. 801-xxx-xxxx
Cell 801-xxx-xxxx
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