Judge asked to settle Bluffdale administrator issue

A judge is being asked to settle a dispute between Bluffdale's mayor and City Council over the hiring of a city administrator.

Dueling lawsuits have been filed over Mayor Claudia Anderson's decision to appoint former state Rep. Dave Hogue as Bluffdale's administrative services director and efforts by the City Council to undo that action.

Anderson contends that, as the city's mayor and CEO, she was within her right to fire administrative services director Brent Bluth in January and appoint Hogue to the position. The City Council opposed that action by resolution and then by ordinance, saying the mayor acted illegally by not obtaining the "advice and consent" of the council.

That dispute reached 3rd District Court on Wednesday after both sides filed requests for injunctive relief to settle the matter. Judge Kate Toomey listened to testimony from Anderson, Hogue and council member Martha Speed on Wednesday before adjourning until 12:30 p.m. Friday. Attorneys said they expect Toomey to rule following Friday's hearing.

The crux of the debate is whether Bluffdale's administrative services director is considered a department head or a mayor's assistant/deputy. State law gives the mayor the right to appoint her assistants or deputies, but Bluffdale city code requires all department heads to be appointed by the mayor "with the advice and consent of the council." City code also defines the position of administrative services director as the head of the administrative services department.

When asked during her testimony Wednesday if she had consulted the city code in the days or weeks before appointing Hogue to the position, Anderson said no.

"I formulate my opinion on my legal advice," she said. "I assume (the attorneys) have looked into all the aspects of (the law). I take that and go from there."

Anderson said she has viewed the city's administrative services director as her deputy or assistant because the position's job description indicates it as such.

Hogue, who previously worked as a political adviser to Anderson, was hired by the mayor Jan. 19 to replace Bluth, whom the mayor had fired days earlier.

On Jan. 23, the City Council unanimously passed a resolution stating that it "has not consented and will not consent to the appointment of David Hogue as administrative services director."