countyVoice the
A Publication of the Utah assciation of Counties
She’s Box Elder’s “Get ‘Er Done Girl”... 12 County Pride: Kane... 15 Will My Insurance Policy Cover This? ... 19
May/June 2013
How well do you understand Utah ethics laws? Page 6
We work with you, not just for you. UTAH COUNTIES INDEMNITY POOL
Established in 1992, the Utah Counties Indemnity Pool was created by Counties, is owned by Counties and Governed by Counties. Pooling is a practical extension of local government’s obligation to be a good steward of public funds and is a prime example of efficient government through Interlocal Cooperation.
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May/June 2013
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How well do YOU understand Utah ethics laws?
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She’s Box Elder’s “Get ‘Er Done Girl”
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Will My Insurance Policy Cover This?
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Ethical behavior in business and government has been a topic of considerable interest and discussion in recent years, and both private and public entities have adopted ethical codes and requirements for their officers and employees.
Box Elder County Commissioner LuAnn Adams has an impressive local government resume, having served as an elected official over four different offices in her career.
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As Winter melts away, following some particularly harsh weeks of Utah weather, county citizens are (or soon will be) returning to public parks in large numbers.
Everything Else...
UAC Calendar 4... UAC Notes 4... NACo Notes 4... New Officials Profiled 16... County Pride 17... UAC Service Partners 21... Know Your Legislator 22... This Issue’s Infographic: County Official Longevity...23 UAC Executive Committee John Jones, President (Carbon) Brandy Grace, 1st VP (Millard) David Wilde, 2nd VP (Salt Lake) Gordon Topham, Secretary (Sevier) Robert Kirk, Past Pres. (Utah)
UAC Staff Brent Gardner, Chief Executive Officer Jill Brown, Accountant Chelsie Dalton, UBHC Admin Asst. Debbie Goodwin, Office Manager Alice Hancock, Admin. Assistant Doug Perry, Communications Dir. Adam Trupp, General Counsel Arie Van De Graaff, Legislative Analyst Mark Ward, Senior Policy Analyst
The County Voice Published six times annually, The County Voice is the official magazine of the Utah Association of Counties. To subscribe: uacnet.org/archived-newsletters/ To submit articles, ads or other content, contact Doug Perry here: Utah Association of Counties 5397 S. Vine Street Murray, UT 84107 (801) 265-1331 doug@uacnet.org
2013 Utah Association of Counties Board of Directors Past Secretary Art Partridge (Washington)
Uintah Basin Kirk Wood (Duchesne)
Utah County Larry Ellertson (Utah)
Commissioner Bret Millburn (Davis)
Five-County Doug Heaton (Kane)
Washington County Alan Gardner (Washington)
Clerk Norm Johnson (San Juan)
Southeastern Jeff Horrocks (Emery)
Washington County Russell Shirts (Washington)
Auditor Diana Carroll (Grand)
Six-County Claudia Jarrett (Sanpete)
At-Large Kim Carson (Summit)
Sheriff Dave Edmunds (Summit) Assessor John Ulibarri (Weber)
Davis County Louenda Downs (Davis)
At-Large Jeff Merrell (Uintah)
Davis County Steve Rawlings (Davis)
At-Large Mike Kohler (Wasatch)
Weber County Jan Zogmaister (Weber)
At-Large Dale Eyre (Sevier)
Weber County Kerry Gibson (Weber)
At-Large Jim Eardley (Washington)
Salt Lake County Ben McAdams (Salt Lake)
At-Large Cindy Bulloch (Iron)
Surveyor Reid Demman (Salt Lake)
Salt Lake County Richard Snelgrove (Salt Lake)
At-Large Les Barker (Garfield)
Bear River LuAnn Adams (Box Elder)
Utah County Gary Anderson (Utah)
May/June 2013 • countyVoice
Recorder Brenda Nelson (Morgan) Treasurer John Bond (Weber) Attorney Doug Hogan (Tooele)
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CALENDAR June 18-20 Assessors Summer Conference Tooele June 20 UAC Board Meeting Layton More June 21 USACCC Summer Conference Layton More/Register June 26-28 Treasurers Summer Conference Vernal June 26-28 Clerk/Auditors Summer Conference Wayne County July 9-11 July 19-22 September 25 September 25-27
Recorders Summer Conference NACo Annual Convention
Box Elder County Fort Worth, TX
UAC Board Meeting USACCC Fall Conference
Midway (Homestead) Midway (Homestead)
November 13 November 13-15
UAC Board Meeting UAC Annual Convention
St. George (Dixie Center) St. George (Dixie Center)
February 20, 2014
UAC County Legislature Day
Salt Lake City
March 1-5, 2014
NACo Legislative Conference
Washington DC
May 21-23, 2014
WIR Annual Conference
Anchorage, AK
Solutions For Your County Property Notices Election Materials Laser Checks Pressure Seal Forms Full-Color Printing Envelopes and Letterhead Mailing Services IC Group is an environmentally responsible company, and is accredited by the Forest Stewardship Council
More/Register
NOTES from UAC Trio of Publications A trio of reports presented at UAC’s April Management Conference is now available to download. First is Zions Bank’s study on jail contracting in Utah. Next is the 2013 UAC Legislative Session Recap. Finally, the 2013 Utah Counties Fact Book. Visit the UAC website for copies of these and other documents/publications.
Summer USACCC Registration for the 2013 Summer USACCC Conference is now open. Please note that the date has CHANGED from June 28 to June 21. This year’s conference will be held at the Davis Conference Center in Layton. Tentatively, we expect check-
in/registration to open at 8:30 am and the meeting to begin at 9:00 am and go until about 4 or 5 pm as it usually does.
UAC Basement Update Construction to partially finish the basement of UAC’s building and add two additional meeting rooms on the top floor is nearing completion. When finished the build-out will enable the Association to rent the space to a tenant that is similar-in-scope to UAC. The construction includes two new entrances to the building on the southwest and northeast corners of the building and is expected to conclude in June. When complete, the space will add approximately 4,500 square feet of semi-finished space to the building.
View of new upstairs meeting rooms.
NOTES from NACo Why Counties Matter message delivered
NACo works to advance Cleveland County justice reforms hardest hit by tornado
County leaders from the nation’s largest counties today carried the Why Counties Matter message to Capitol Hill and urged members of Congress and the Administration to support federal funding and legislative priorities affecting large, metropolitan counties and their residents. The priorities included federal funding for housing and community development programs, protecting Medicaid and preserving the tax-exempt status of municipal bonds which leads to local jobs and economic development opportunities. Click Here for More
The National Association of Counties (NACo) and Better Futures Enterprises, formerly known as The NetWork for Better Futures, have launched a strategic partnership to advance smart justice reforms that will promote better outcomes for individuals returning to communities from jail or prison, enhance public safety, and use public dollars more efficiently.
Click Here for More
After a tornado cut through Cleveland County, Okla. May 19, Commissioner Rod Cleveland considered the results and felt somewhat fortunate. “It mainly went through rural areas, though it hit a few neighborhoods,” he said. “It could have been worse.” A day later, it was. A second tornado left a 17-mile path of destruction and 24 confirmed dead in the areas south of Oklahoma City as of Tuesday afternoon. The storm affected Oklahoma, Pottawatomie, Cleveland, Lincoln and McClain counties, with the most severe damage in the suburb of Moore, in eastern Cleveland County.
Click Here for More May/June 2013 • countyVoice
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How well do you understand Utah ethics laws?
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thical behavior in business and government has been a topic of considerable interest and discussion in recent years, and both private and public entities have adopted ethical codes and requirements for their officers and employees. In the case of counties, Utah statute has adopted a number of ethical provisions, policies and prohibitions which deal generally with preventing or requiring disclosure of conflicts of interest. In this context, a conflict of interest could be said to include any situation in which a county employee’s or officer’s faithful performance of job duties or independence of judgment may be compromised by that officer or employee’s private business or economic interests. State statute governs potential and actual conflicts between a county
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employee’s private business interests and government duties in the County Officers and Employees Disclosure Act. The primary emphasis in the code centers on a list of activities and relationships which are prohibited and another list of activities and relationships which are prohibited only if an officer or employee fails to make a public disclosure of the personal or business relationship. The laws apply to all county elected officials, deputies, and employees and they also apply to uncompensated volunteers who serve on county committees, agencies, or boards. The statute does not apply to a special employee, which the law defines as a person hired by contract, awarded following a public bid, to provide special services for the county.
Photo: Eric Schramm
THE PRODUCTS YOU NEED. THE SERVICE YOU DESERVE. If you’re not banking with Zions Bank®, you should be. Jim Divver, Government Sales One South Main, Salt Lake City • 801-844-8055
Both the prohibitions and disclosures rely on statutory definitions of the outside economic interests to which they apply. These apply when an officer or employee has an interest in a private business entity, including sole proprietorships, partnerships, corporations, trusts, or other business entities. They further apply when the officer or employee has a “substantial interest� in that business entity which is defined to include at least 10% of the outstanding shares of a corporation, or a 10% interest in some other business entity, which is held by the officer or employee, his spouse, or his minor children. Prohibited Relationships and Transactions The law prohibits a public officer or employee from engaging in a business which might tend to induce a reasonable person to disclose confidential government information. In addition, it is obviously unlawful to actually disclose or improperly use confidential information. (Be aware that GRAMA sets criminal penalties for the release of confidential information, as detailed in chapter 13 of this handbook.) It is prohibited for an officer or employee to use his government position to secure for himself or another person any kind of special interests, privileges or exemptions. An officer or employee may not solicit or accept a gift or loan to himself or another which would tend to influence the officer or employee in the performance of official duties, which a reasonable person would know to be a reward for the performance of official county actions or if the giver of the gift has been recently, is now, or in the near future will be involved in transactions with the county. The gift prohibition has several exceptions; it does not apply to an occasional non-pecuniary gift in value of $50 or less, awards publicly presented, bona fide business loans, or bona fide political campaign contributions.
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State statute imposes strict prohibitions and harsh penalties in cases where a county employee, who is involved in the county purchasing or procurement process, requests or receives any gifts, gratuities, contributions, loans or other rewards from any vendor person, business or organization which sells or supplies goods or services to the county. It is likewise prohibited for a vendor to make an offer of such a gift or contribution to a county employee who is involved in purchasing or procurement. Depending on the value of the gift, penalties range from a class B misdemeanor to a second degree felony. Disclosure Requirements In addition to the prohibitions set out above, the law also describes a number of outside, private economic interests which must be disclosed by a county officer or employee. In these cases, engaging in the activity described is unlawful only if it has not been disclosed as described. Disclosures of these kinds of economic relationships are made in three ways: first, a written disclosure must be made within 10 days after the outside interest first arises; second, a verbal disclosure must be made in any meeting of a county board, commission or other entity in which the outside interest is discussed; and third, the written disclosure must be renewed every year in January for as long as the outside interest is maintained. Disclosure statements must be made in writing and contain the name, address and agency of the officer or employee
making the disclosure, the name and address of the outside business interest which is involved, and a brief statement which explains the transaction, relationship, or other potential conflict of interest. The law does not require the county officer who is a member of a board or commission to abstain from discussing or voting on one of these disclosed relationships, nor does it require that the outside relationship be terminated—only that it be disclosed. Officers and employees must disclose circumstances under which they receive any private compensation for assisting someone in a transaction with the county. An officer or employee who has an outside business interest involving an entity which is regulated by the county must disclose that interest. When a county officer or employee’s outside business interest either does or anticipates doing business with the county, that relationship must be disclosed. Finally, county officers and employees must make a disclosure statement regarding any business interest or relationship which creates or has the potential to create a conflict of interest between the county officer or employee’s private economic interests and his or her county duties.
Penalties The penalties imposed on county officers and employees for violating either ethics act include both criminal charges and employment discipline. First, as a general rule, most violations of the state ethics laws are considered a
misdemeanor. Violation of the procurement officer prohibition can be a felony, and the disclosure act imposes a criminal penalty of a class A misdemeanor. Merit employees and other non-elected county employees may be subject to disciplinary action up to and including dismissal from county employment. If a non-merit employee, theoretically including an elected official, is accused of a violation of the conflict of interest laws, the County Employee Disclosure Act provides that the matter be referred to the county’s ethics commission or, if the county has not created one, to the state ethics commission, as explained below, for investigation and action. It seems likely that an elected official who is convicted of a misdemeanor or felony for an ethics violation would be liable for judicial removal as described in chapter six. In addition to penalties imposed against an employee who violates the conflict of interest laws, a county is also authorized by statute to void any contract entered into which involves an ethics violation. Nepotism Utah nepotism laws prohibit the employment of relatives in positions paid with public funds and, further, specifically prohibit a county officer from supervising relatives. In this context, the term “relatives” is defined to include: parents, children, spouses, siblings, aunts or uncles, nieces or nephews, first cousins, parents-in-law, siblingsin-law, or children-inlaw. The law prohibits an officer or employee from either hiring or voting for the appointment of that officer’s or employee’s relative under circumstances in which the officer or employee directly supervises the employee. It is further a violation to simply engage in the supervision of a relative as described above. There are several exceptions to these prohibitions which include hiring that is accomplished through a merit system, positions involving vocational training May/June 2013 • countyVoice
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or not lasting over 12 weeks, unpaid volunteer positions, or circumstances in which the relative is demonstrably the only person who is available and qualified for the job. In this regard, there is a “small town exception” which permits the hiring and supervision of a relative in rural areas where the population is less than 3,000 people within 40 miles of the primary work place. In those exceptional circumstances where a relative can be hired and supervised, the law prohibits the supervising relative to be engaged in any performance evaluations of the other person. The violation of nepotism prohibitions is a misdemeanor. State Ethics Commission The Legislature has established a commission tasked with investigating local government officers and employees who have unlawful conflicts of interest or fail to disclose them. The commission consists of seven persons appointed by the governor; the commission conducts formal administrative investigations into complaints of conflicts of interest and makes a recommendation, regarding the complaint, and including recommended legal or disciplinary action against the officer or employee. A county may create its own ethics commission, whose jurisdiction would trump that of the state commission. Crimes in Government In addition to the ethical requirements set out above, be aware that the Utah Criminal Code also establishes a number of criminal offenses relating to government administration and operations. In addition to crimes such as theft and embezzlement, county officers and employees and members of the public generally may be found guilty of crimes which are specifically related to government matters. These might be grouped in several categories, including bribery and threats, altering or destroying official documents, abuse or obstruction of governmental operations, misuse of public money or failure to pay over public funds, damage and vandalism to public facilities, and perjury or other giving of false information. No attempt is made in this summary to mention which penalties attach to which offenses. They range from class C misdemeanors to second degree felonies, depending on the seriousness of the offense. Several statutes in the criminal code make it an offense to bribe or attempt to bribe a government official—or for the official to either receive, solicit or accept bribes—for the purposes of influencing government action, votes or decisions or for seeking an appointment or endorsement from an official. Likewise it is an offense to offer or accept a bribe in any circumstances which would constitute
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interference with a criminal prosecution. Any threat of physical harm or injury, including any interference by force or intimidation, of an elected official, for purposes of interfering with government actions or operations, is prohibited. The altering or destroying of official documents is prohibited in several circumstances. Any fraudulent attempt to alter a proposed or enrolled bill in the legislature is a criminal offense. It is also against the law for a government officer to retain, destroy or make his or her office’s records and documents unavailable to that official’s successor. Any kind of stealing, destruction or mutilation of public records either by the county custodian or by any other person is prohibited. Lastly, there are criminal prohibitions against recording or attempting to record or file false or forged information in a document received by the government; defacing, tearing down or destroying any official notice or proclamation; or making any false entries or alterations of government records or any other unlawful impairment of or interference with government documents. The criminal code defines abuse of office or obstruction of government operations to include any time a government officer or employee commits an unauthorized act or refrains from performing his or her lawful duty with the intent to aid him or herself or to harm another person. Insider trading—for example, a county officer or employee personally buying or selling property based on confidential government information—is prohibited. Any person who exercises or attempts to exercise government authority without having been elected or appointed, taking the oath of office, posting the required bond, or after leaving office is prohibited. Interfering with a public servant’s performance of his or her lawful duties by force or intimidation is a criminal violation. Either impersonating a public servant, including peace officers, or falsifying judicial or official records or notices, with the intent to deceive regarding government action, is against the law. Lastly, failure of a person to evacuate, as ordered, any location in response to a declaration of an emergency by the governor or local official, is prohibited. The criminal code lists a number of offenses and violations which might arise out of interfering with peace officers, the courts, or the jail. It is a criminal offense for a person to interfere with a peace officer—when he or she reasonably knows the peace officer is making a lawful arrest—through either force, intimidation or using weapons, or by refusing to perform an act required by a peace officer’s lawful order. Likewise, a person is guilty of interfering with a peace officer when he or she flees or attempts to elude law enforcement; obstructs or hinders any criminal investigation by aiding,
concealing or destroying evidence; or refuses to aid a peace officer in helping make an arrest or preventing a crime. Providing false and misleading information in criminal or judicial proceedings to a judge or other court officials is unlawful, as is providing false information regarding a non-existent crime or providing false identification to a police officer. Any kind of tampering with or retaliation or threats thereof against witnesses, jurors, evidence, or crime victims in any official proceeding is prohibited. Escape, defined as leaving legal custody without lawful authority or by use of fraud or a weapon is prohibited, as is bail jumping. Persons are prohibited from bringing firearms or contraband into any secure area of a prison, jail or mental health facility. The misuse of public funds or failure to pay over public money or to pay taxes are offenses against state and local government. If a county officer or employee has the custody of public money, it is an offense for him or her to appropriate any of those funds to himself; to loan, transfer, or withhold government funds without authority; the failure to safely keep or deposit government money; the falsification of accounts; or the failure to pay over funds in accordance with lawful duty. It is a
criminal offense to obstruct the collection of taxes, refuse or withhold tax information when required by law, or engage in tax evasion or fraudulent activities in tax matters. It is unlawful to do business without an appropriate city or county business license. Lastly, it is unlawful to engage in any fraud or misrepresentation in receiving public assistance or unemployment compensation. Damage or vandalism of public facilities is specifically prohibited regarding public highways or bridges, jails, and highway road signs. Sabotage is the unlawful destruction of property or other interference during times of war. Perjury, or the giving of false information orally or in writing, is prohibited in any and all official proceedings, including legislative, judicial or administrative—where evidence is taken under oath. If a false or inconsistent statement is given in an official proceeding, it constitutes a felony if the information is so material that it “affects the course or outcome” of the proceeding; it is a lesser penalty if the false information does not materially affect the course of the hearing.
May/June 2013 • countyVoice
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LuAnn loves riding horses. Pictured here with her son Ben Adams on their family ranch.
She’s Box Elder’s “Get ‘Er Done Girl”
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ox Elder County Commissioner LuAnn Adams has an impressive local government resume, having served as an elected official over four different offices in her career. But even she will tell you, and what is evident after spending an afternoon hanging out with her in her various offices (at the county building, in her vehicle, and out on her ranch), is that Commissioner Adams loves to get stuff done. “I probably make everyone nuts, but I’m a driver,” she says somewhat apologetically. Her former Deputy Clerk and now County Clerk Marla Young agrees. “I would have to say that the main characteristic I admire about LuAnn Adams is her ability to get things done—she is a get ‘er done girl.”
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Case in point. Prior to Adam’s recent commission assignment overseeing the county fairgrounds, the county commission had debated for more than a decade on a new location to replace some of its key infrastructure (including an indoor riding arena). One of the existing buildings, built in 1948, was falling apart. “So I came in and met with the fair board, said ‘here are my ideas - what do you think?’, and everyone liked them. Then I secured the funding from CIP and Tourism and started telling everyone ‘we are doing it this year,’” she said. While LuAnn jokes that she is probably “killing” the county building inspector with the project, she believes that momentum is a key element to getting results. She’s also getting results in the public lands arena, a commission assignment that was new to her in title but not in
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the context of her background. Box Elder recently became the first county to adopt a sage grouse plan aimed at helping keep the species off threatened or endangered lists. A listing of sage grouse by the US Fish and Wildlife Service would prove devastating to counties, as it would most certainly lead to restrictions on grazing and oil and gas development.
can,” explaining her county’s work on the sage grouse issue. The Commission’s plan has received wide-spread praise among federal, state and local officials for being not only the first of its kind but also very much in line with what the State is expected to release as its plan. Former Brigham City Mayor and now State Senator, Pete Knudson has nothing but praise for LuAnn. The Senator hired her as a temporary and eventually permanent secretary in his office when he was mayor. “She loves her work,” he says pointedly. “ She’s never done a job halfway—it’s always been more than what you expect in every position she holds.” Leaving the political arena behind each day, Adams heads off to do more in the other driving force of her life—her family.
Adams and her husband Bob are lifelong ranchers in Box Elder County. “We are now into the fifth generation, with our two sons helping run our ranch. My husband’s grandfather used to run hundreds of palomino horses. Then when Bob and I were first married we raised wheat. In the years since, we’ve moved into raising cattle and now have nearly a thousand head,” she says . She loves her county’s rural lifestyle - the farms, the ranches, the people. So it shouldn’t come as a surprise that whenever there’s an intersection of her get-’er-done style and love for lands she calls home she becomes especially focused. “I just believe you should be proactive and do what you
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Married in 1976, she and Bob first took notice of each other at a church dance. LuAnn, who was raised in Chubbock, Idaho in her early years and later in Wells, Nevada, was no stranger to rural life after graduating from LDS Business College and moving to Brigham City to work for Knudsen. “We liked the same things,” LuAnn says fondly of her courtship with Bob. “His family had a ranch and I always loved riding horses and spent a lot of time in my youth in a similar type of family.” Thousands of citizens in Box Elder County have put and kept LuAnn in office since 1994, but it was Bob’s vote that got her started. When asked to run for County Clerk/Recorder for the first time she thought the idea was “crazy.” “But it was my husband who said, ‘I really think you should run.’ And so once he said that I began to take it more serious and it made me ultimately decide to do it,” she reflected. “You can see how he treats me. He
is always there for me. I am so lucky to have a man that always puts me first.” Probably in large measure because of that loyalty, she and Bob extend their circle of love to their children and grand children. In 2008, she made the decision to end her fulltime career as a County Clerk/Recorder, trading it for a run as a part-time County Commissioner and the opportunity to spend more time with the grandkids. All five of her children, their spouses, and 12 grand children live in Box Elder County. “I feel really lucky, but love it because I love family gatherings, and creating little parties and traditions for them.”
“You always wonder why you run for (elected) office,” she said, “I think I was in there at that time to help get these pictures in place because I had people come to my office crying and thanking me. And most of the people who helped me with the project have since passed away.” “I think people see her as a business woman and a go getter, but I don’t know if they always know just how big of a role she plays as a mom and being there for her kids and grandkids,” says her daughter Collette Hawkes.
LuAnn doesn’t do family time halfway either. Along with the traditional Thanksgiving and Christmas gatherings, she often creates mini activities to help get ready for the bigger ones. For example, to get ready for Thanksgiving all the grandchildren are invited over to make pies. Each gets their own rolling pin and has the opportunity to work side-by-side with grandma to choose the ingredients and make them. She also loves to teach while building memories. “I put on this little tea party every year for my granddaughters,” she says with a big smile. “My mother had a collection of gloves and hats and so we get those out, dress up, and talk about manners and things like that.” At Halloween, she created a haunted house. At Easter, the family roll eggs down one of their hillsides. She plans outdoor movie nights on the lawn, marshmallow wars with PVC guns she made, treasure hunts; you name it and she probably wrote the book on it. Actually, that’s no exaggeration. LuAnn and a friend collaborated on a book many years ago that offered up lots of crafts and activities that could be combined with traditions. And then there was the Box Elder County Historical Photo Tour book project she took charge of in the mid-1990s. Originally thought of as a way the County could raise funds to brighten the hallways of the Courthouse with historical photos, the book was wildly successful. LuAnn and her collaborators covered all the costs and continues to sell copies of it today. But she’s more pleased with the memories that were preserved for a community she loves serving.
LuAnn with four of her 12 grandchildren at the ranch. One year when her children were still small, LuAnn wanted to take them on a trip back East for a couple weeks. Bob reminded her family funds would not allow for that, but agreed to let her figure out a way to raise the additional money to do it. At an estimated $1,000 per person, this would be no small task. But she and the kids went to work cycling wheat from their ranch and wrapping it into eight-ounce bundles that they could sell to local craft stores and floral shops. Not only did they pay for their trip, but the idea was so good her kids kept it up for several years as a way to pay for school clothes. “I always felt good that I taught them to work. Cycling wheat in the Summer is very hot and hard work, but we made a lot of money from it and learned to work in the process,” she added. LuAnn has certainly left her mark on the community she loves and calls home. But what she wants to be remembered most for is being “a good mother and grandmother who created some fun traditions and good memories along the way,” she concludes cheerfully. May/June 2013 • countyVoice
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Official Introductions
S
ince our last publication, two officials have taken office and an additional seat will be filled shortly. Salt Lake County Assessor Lee Gardner announced he will retire from his office this Summer, ending 19 years of service, so that he and his wife can serve a mission for The Church of Jesus Christ of Latter-day Saints in Barcelona, Spain. Gardner has not announced an official final day but will report to the Missionary Training Center on September 5. A replacement will be named by the Council once Lee retires.
In the mean time, LouJean Argyle was appointed the new Rich County Treasurer at the end of April, replacing Ruth Smith, who retired after 18 years of service as an elected official. And Alan Spriggs, Summit County Recorder since 1983 and at the time of his retirement was the seventh longest-serving county official in the state, retired on May 10. He was replaced by Mary Ann Trussell, Sprigg’s chief deputy recorder for many years. Incidently, Utah’s current longest serving elected county official is Earl Clark, Sanpete County Clerk, who took office in 1971. Bruce Brown, Beaver County Recorder (since 1975), Michael Gleed, Cache County Recorder (since 1978), and Craig Sperry, Juab County Recorder (since 1979) are not far behind. For more interesting information about the longevity of some of Utah’s elected county officials see the infographic on page 23. UAC welcomes all its new members and wishes the best for those who have moved on.
Newly Appointed County Officials Rich County Treasurer
LouJean Argyle
Salt Lake County Assessor
TBA in September
Summit County Recorder
Maryann Trussell
Get to Know a Few of our Newer Officials Roger Armstrong Recently elected to the Summit County Council, is getting his first opportunity to serve in local government. He has worked professionally as an attorney and public relations executive in the TV and motion picture industry. He enjoys flying, fly fishing, shooting, and golf. Matthew Bell Recently elected to the Weber County Commission, has spent the bulk of his career in county government, specifically the Weber County Sheriff ’s Office working in general law enforcement and corrections. He indicates he greatly enjoys spending time in the outdoors. Darin Bushman Recently elected to the Piute County Commission, he has served on the Marysvale City Zoning and Planning Board. He has worked recently as Peek Promotion and Development and Bulldog ATV. He enjoys traveling, fishing and riding ATV’s in his spare time. Sam Granato Recently elected to the Salt Lake County Council, is experiencing his first foray into local government. He is the President of Frank Granato Importing Company. And he lists public service, travel, reading, bringing people together, and spending time with his nine grandchilren among his hobbies. Watch our next issue for more!
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County Pride: Kane County
“T
he red dirt just kind of gets in your soul,” commented one old-time Kanab resident, as he gazed thoughtfully at the surrounding Vermilion Cliffs.
Most people passing through Kanab are astounded by the sheer beauty of its setting. The red mountains surrounding the high desert community cut a stark contrast to the seemingly-eternal blue skies. One journalist described Kanab as a “picturesque community where clear azure skies provide a stunning canvas for snowwhite, billowy clouds. It’s here that the clear southwest air is filled with the exhilarating scent of sage and cedar. Overhead, an incredible golden light bathes the distant mesas and the pinion forests nestled between the massive red rock cliffs. As often as I can, I’ll head to Kanab knowing that its gentle folk, spectacular mesas and slower lifestyle are awaiting my arrival.” Southern Utah continues to gain international recognition as a unique travel destination. It can be easily said that there is no other place on earth surrounded by so many natural wonders. Visitors can use Kanab as a hub to enjoy a myriad of recreational opportunities in the area.
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Incredible destinations such as Grand Canyon North Rim,
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Zion, and Bryce National Parks, Lake Powell/Glen Canyon Recreation Area, as well as the Grand Staircase Escalante and Vermilion Cliffs National Monuments, are all within an hour-and-a-half ’s drive of Kanab. And don’t forget about lesser known destinations such as Kanab (Angel) Canyon, Pipe Spring National Monument, Coral Pink Sand Dunes and Kodachrome Basin State Parks, as well as Cedar Breaks, Cedar Mountain, and the Kaibab and Dixie National Forest. The area offers unsurpassed backcountry—people come from all over the world to hike “The Wave”, White Pockets, Paria Box Canyon, Peek-a-Boo, Buckskin Gulch, Coyote Buttes, just to name a few magical areas. If you’re not a hiker, but still want to see some incredible sights, there are several tour guides in the area to show you around in ATV’s, jeeps, horses or ‘Hummers’. About 90 years ago, Hollywood discovered the beautiful backdrops and rugged country of Southern Utah. Since then more than 200 Western, TV series and fulllength movies have been filmed in this unique area—branding Kanab as “Little Hollywood”. Kanab itself also has much to offer and for most visitors serves as the “Heart of the Parks.” Visitors come to town, and only have to unpack once, using the laidback, relaxed, friendly atmospher of Kanab as a base for their adventures. Kane County is truly the gateway to great memories...off the beaten path! Article courtesy of the Kane County Office of Tourism and Film Commission. For additional information visit www.visitsouthernutah.com
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countyVoice • May/June 2013
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Will My Insurance Policy Cover This?
I
nsurance professionals and claims administrators are frequently asked theoretical questions related to coverage. Questions stem primarily from a hypothetical thought, based on the probability of a claim, lawsuit, or a practical experience that could potentially lead to a loss. Answering these types of hypothetical questions is one of the most challenging service needs in the industry.
There are multiple property-casualty policies available to counties. For example, automobile and property policies are written to cover specific types of perils and usually follow a strict structure in the interpretation of coverage. Workers compensation policies are also written to cover a specific type of exposure as defined by statute.
From a claims perspective, answering questions of coverage in the hypothetical can potentially mislead insured customers as it relates to the application of a policy.
However, most coverage questions arise in connection with general liability policies. General liability policies are written to cover the broadest scope of exposure with certain exceptions. Those exceptions are defined in the exclusions portion of the policy. In order to define the scope of the general liability policy, thus determining what your insurance company will cover, you should look at two sections:
From an insured perspective, customers need a layman’s understanding of the application of an insurance policy to better address potential exposures. In an attempt to meet that need, it is best to understand how your policy works.
May/June 2013 • countyVoice
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2. Exposure Theory - The policy is triggered upon first exposure to conditions that cause the injury. 3. Actual Injury or Injury in Fact Theory - An injury is thought to have actually occurred. 4. Continuous Trigger Theory - Coverage arises under any policy in effect at the time the injury exists. Secondly, review the exclusions portion of the policy. Your policy has a list of allegations that are not intended for coverage. Every policy is unique and could change from policy period to policy period. Familiarizing yourself with the exclusions may answer many of the questions you have in the hypothetical about coverage. Lastly, there are allegations made against you that aren’t clearly covered or not covered under the policy. What happens in that case? That would likely trigger a “duty to defend” under your general liability policy. Since a duty to defend cannot be prudently answered in the hypothetical, your insurance company will need to review the four corners of the complaint. This will help them determine whether or not they have a duty to defend. If the allegations contained within the complaint arguably come within coverage, the insurer is typically required to provide a defense. While the defense is taking place it is usually done under a reservation of rights. First, begin with the Insuring Agreement. The insuring agreement outlines what the policy is intended to cover. This portion of the policy usually has what’s called “triggering” language. Your actual loss or hypothetical must be triggered first. In other words, there must be some type of allegation (by a third party) made against you that would trigger the policy. Your insurance company looks for any of four types of trigger theories: 1. Manifestation Theory - The policy is triggered when the manifestation of the injury becomes apparent or readily identifiable.
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countyVoice • May/June 2013
As discussed, questions of coverage can be difficult to answer in the hypothetical. Slight changes in facts or allegations can significantly change an insurance company’s position on coverage. When faced with a looming claim it is important that you tender it to your insurance company as soon as possible for coverage investigation and discussions to begin in earnest. Chris Rozelle, CCLA, LPCS Utah Local Governments Trust
UAC Service Partners
UAC is pleased with the relationship we have built with dozens of great service providers. The support they provide the counties is invaluable and we hope you will continually consider them as you have needs. Each issue of The County Voice we highlight several of our partners. The Data Center has over 19 years experience printing and mailing confidential information for our clients who include the federal government and many government agencies. We offer Utah Auditor’s and Treasurer’s a secure, flexible and high quality system for printing and distributing notice of value forms and tax notices.
The Public Group provides web-based solutions to government agencies striving to improve the effectiveness and efficiency of their Surplus, e-Procurement and Contract Management programs. http://www.publicsurplus.com http://www.publicpurchase.com
Tyler Technologies is a community of employees, clients and partners who share a passion for serving the public sector. We offer Utah counties the best suite of software products available – recording, appraisal, assessment, tax billing & collections, financials, personnel and document management. Tyler is the safe, long term choice as Utah’s technology solution partner.
Computech Consulting founded in 1996 is ready to become your premier provider in the fast paced world of technology. At CompuTech Consulting, our goal is to put the focus back on the business, not in the technology. We provide and design systems and architecture’s that allow corporations to use the benefits of technology, without it being one of the emphases of the business.
Lewis Young Robertson & Burningham, Inc. (“LYRB”) is capitalized and owned by its principals. We transact and have working relationships with, but do not represent municipal bond underwriters, commercial banks and other financial institutions. Therefore, LYRB is a truly independent financial advisor that can successfully and efficiently assess the capital markets and provide the most cost-effective financing possible.
Henriksen/Butler has been creating great places to work, learn, and heal since 1980. With showrooms in Salt Lake City and Las Vegas, H/B is the exclusive dealer for Herman Miller furniture, Interface flooring, and Spacesaver specialty storage for the State of Utah. Browse our State Contract Catalog online at www.henriksenbutler.com/utah.
Election Systems & Software, Inc. (ES&S) is the world’s largest and most experienced provider of total election management solutions with more than 300,000 systems installed worldwide. Over the past decade, ES&S has handled more than 60,000 of the world’s most important events — elections. Zions Wealth Advisors offers customized money market and short term, fixed-income asset management to municipalities. Our mission is to maximize investment returns on short-term assets while investing within the constraints of a client’s specific investment policy. For more information visit our booth or call us toll free at 1.800.608.3202. Precision Concrete Cutting is the leader in uneven sidewalk repair. Our patented process stretches your budget, makes sidewalks ADA compliant, and eliminates trip and fall liability. Our sidewalk repairs typically save our clients 70-90% compared to sidewalk replacement.
CenturyLink is the third largest telecommunications company in the United States. The company provides broadband, voice, wireless and managed services to consumers and businesses across the country. It also offers advanced entertainment services under the CenturyLinkTM PrismTM TV and DIRECTV brands. In addition, the company provides data, voice and managed services to enterprise, government and wholesale customers in local, national and select international markets through its high-quality advanced fiber optic network and multiple data centers. Get maximum production with a minimal budget with revolutionary Asphalt Zipper® recycling attachments. Full Depth Recycling is now easier and more affordable for potholes, street patches, shoulders and even full roads. Transports on its own trailer behind most pickup trucks. Easily connects to the bucket of most loaders and backhoes.
May/June 2013 • countyVoice
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Know Your State Legislator
In and effort to help you become better acquainted with our state legislature, UAC will provide a few bits of information about a handful of state legislators in each issue of The County Voice.
Senate House Howard Stephenson hstephenson@le.utah.gov 801-972-8814 Senate District 11 Profession: Public Administration
Daniel Thatcher dthatcher@le.utah.gov 801-759-4746 Senate District 12 Profession: Independent Contractor
Michael Kennedy Brian King mikekennedy@le.utah.gov briansking@le.utah.gov 801-358-2362 801-560-0769 House District 27 House District 28 Profession: Profession: Family Physician Attorney
LaVar Christensen lavarchristensen@le.utah.gov 801-808-5105 House District 32 Profession: Attorney, Business Owner
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Craig Hall chall@le.utah.gov 801-573-1774 House District 33 Profession: Attorney
Carol Spackman Moss csmoss@le.utah.gov 801-647-8764 House District 37 Profession: Retired Educator countyVoice • May/June 2013
Mark Madsen mmadsen@le.utah.gov 801-360-9389 Senate District 13 Profession: Attorney, Developer
John Valentine jvalentine@le.utah.gov 801-373-6345 Senate District 14 Profession: Attorney
Margaret Dayton mdayton@le.utah.gov 801-221-0623 Senate District 15 Profession: Homemaker
Lee Perry leeperry@le.utah.gov 435-720-7838 House District 29 Profession: Law Enforcement
Janice Fisher janicefisher@le.utah.gov 801-250-2698 House District 30 Profession: Homemaker
Larry Wiley lwiley@le.utah.gov 801-487-8095 House District 31 Profession: Building Inspector
Mark Wheatley Johnny Anderson janderson34@le.utah.gov markwheatley@le.utah.gov 801-264-8844 801-898-1168 House District 35 House District 34 Profession: Profession: Education Administrator Education, Business
Eric Hutchings ehutchings@le.utah.gov 801-963-2639 House District 38 Profession: Financial Services
Patrice Arent parent@le.utah.gov 801-889-7849 House District 36 Profession: Attorney
James Dunnigan jdunnigan@le.utah.gov 801-968-8594 House District 39 Profession: Insurance Agent
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County Official Longevity Based on total number of years served concurrently, Cache County’s current group of elected officials can boast a whopping 219 years in office (Duchesne is second at 165 years). But if you factor the number of offices, Duchesne County has the highest average total years per office holder at 16.5 compared to Cache’s still impressive 14.6. It’s worth noting that both Box Elder and Summit Counties in recent years added multiple additional offices. Please Note: This information DOES NOT take into account officials moving from one office to another (there are at least two) nor a few current officials who were in office for a period of time, left office, then were voted back in. County Years Avg. Cache 219 14.6 Duchesne 165 16.5 Salt Lake 130 7.2 Rich 119 13.2 Sanpete 116 11.6 Washington 111 12.3 San Juan 108 10.8 Wasatch 103 7.4 Kane 102 11.3 Davis 97 9.7 Juab 97 10.8 Garfield 96 10.7 Summit 96 8.0 Beaver 94 10.4 Piute 93 11.6
County Morgan Millard Sevier Iron Uintah Emery Carbon Wayne Tooele Utah Daggett Grand Weber Box Elder
Years Avg. 83 6.4 79 7.9 79 8.8 78 7.8 78 7.8 74 8.2 70 7.8 70 8.8 67 6.1 58 5.8 52 7.4 42 3.2 29 3.2 26 2.6
More than 70% of Utah’s current group of elected county officials have been in office concurrently 10 years or less. Here’s how it breaks out with the number of officials in office for specific time spans.
No. of Officials
Years
119 95 53 26 (0-5) (6-10) (11-20) (21-30)
5 (31-40)
1 (41-50)