Judge urges compromise in Syracuse

LAYTON — A 2nd District judge recommends that Syracuse residents and the City Council find a compromise to the question of the city's form of government and when residents will vote on it.

"I think the best thing for your city and the best thing for the citizens of your city is to not have this lawsuit," Judge Thomas L. Kay said.

The Syracuse City Council met Tuesday afternoon and voted to meet with the plaintiffs to see if the two groups can find some acceptable middle ground and remedy the litigation.

Councilman Phil Orton said the council would like to meet with plaintiffs on Thursday if possible.

The lawsuit has been continued until Feb. 28 at 9 a.m. in 2nd District Court in Bountiful. That's when Kay is expected to decide whether to grant a temporary restraining order against the Syracuse City Council and revert the city's government to the way it operated before Oct. 10, 2006.

On Oct. 10, the council voted 4-1 to amend the city code to give the title of CEO to city administrator Ken Hubler and elevate Hubler's title to city manager. Hubler was to begin reporting to the council and Mayor Fred Panucci instead of just Panucci.

The council has since fired Hubler over disagreements about the way the city should be run.

The CEO title had previously been held by Panucci, who disagreed with the City Council's decision.

In October, six residents, including former Mayor DeLore Thurgood, Councilman Wally Peterson and Panucci's wife, Joannie, sponsored a petition to let the people decide the city's form of government. The petition was certified in January with 1,675 signatures, well above the 944 required.

The other three petitioners, along with Thurgood, have repeatedly asked the council to undo its Oct. 10 ordinance, and when the council didn't take action during a Feb. 13 council meeting, they hired Todd Weiler and filed a lawsuit.

Weiler and Syracuse City Attorney Todd Godfrey on Tuesday argued the legality of referendum petitions and an apparent conflict between state code and the Utah Constitution.

The Utah Constitution states voters in any city may require that any law or ordinance be submitted to voters before it may take effect. But state code says local law remains in effect until repealed by voters.

By default, elections are scheduled for November unless the City Council calls for a special election in June.