Diaz cleared of knowingly hiring undocumented nanny

An investigation has cleared Yvette Donosso Diaz, Gov. Jon Huntsman Jr.'s pick to head the newly created Department of Community and Culture, of accusations that she knowingly hired an undocumented nanny.

Huntsman said the report gives Diaz a "clean bill," and her nomination will be submitted to the Utah Senate for confirmation during the special session that starts today.

It was unclear Monday whether details of the Department of Public Safety investigation would be released.

The investigation was spurred by rumors that Diaz knew her former nanny, Y. Andreina Perez, was undocumented. Perez worked for Diaz's family from January 2003 to August 2004, when Diaz said Perez was fired for physically disciplining her son.

Huntsman's spokeswoman Tammy Kikuchi said Perez apparently presented Diaz with fraudulent documents.

"There was no way for (Diaz) to know they were fraudulent," Kikuchi said. "She did not knowingly or intentionally hire an undocumented worker."

Diaz said it's a relief that the Senate now has "the complete facts" to consider when they decide on her appointment.

"It's wonderful that now this investigation is through, I've been able to clear my name," Diaz said. "It's difficult to have your integrity questioned like that."

The controversy has been tough on Diaz, the governor said, noting she turned down the position the first two times he offered it to her. Huntsman called her "an outstanding person" and said he believes she will do a good job elevating the ethnic affairs offices.

"I think her background and her leadership will speak for itself as she now moves over to the Senate," he said.

Huntsman said he will leave it up to lawmakers to decide whether a hearing should be held on her nomination.

Sen. Al Mansell, R-Sandy, chair of the Senate Workforce Services and Community and Economic Development Confirmation Committee, said, based on the available facts, he didn't think a confirmation hearing was needed. But Mansell wanted to wait on a final decision until reviewing the report and polling members of the confirmation committee.

Last month, Perez retained attorney Jeremy Evans, who sent a letter to the governor's office saying Diaz had employed Perez and other undocumented workers, citing as evidence Perez's claim that she had never received tax documents from Diaz.

Diaz provided documents to the Governor's Office, including copies of the alien card the nanny provided to the Diazes, checks paid to the nanny and tax information. DPS also conducted a series of interviews and found nothing to support any accusation that Diaz or her husband, Marco, intentionally or knowingly hired anyone who was illegal or undocumented, according to the governor's office.

Evans said Monday that Perez is disappointed by the investigation's result but "isn't planning to initiate any additional action at this time."

Evans said he was not given the details of the final DPS report, but said the investigation appeared to be simply a "fact-finding" mission which didn't go to the level of collecting sworn statements.

"She told her side of the story," Evans said. "We stand by the facts as we presented them. After that, it's a politician's decision."

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Contributing: Lisa Riley Roche.

E-mail: dbulkeley@desnews.com