Judge rejects Bluffdale mayor's hiring of director

BLUFFDALE — Mayor Claudia Anderson acted outside her authority in January when she hired a city administrator without the advice and consent of the Bluffdale City Council, a judge ruled Monday.

In a written decision, 3rd District Court Judge Kate Toomey ordered Anderson to comply with a measure passed by the City Council that rejects the mayor's appointment of former state Rep. Dave Hogue as the city's administrative-services director.

Although a section of the state code allows mayors to unilaterally appoint their deputies and assistants, the judge ruled that Bluffdale's administrative-services director is not such a position.

"Although the mayor can appoint or nominate an administrative-services director, no one can serve in that position without the advice and consent of the council," according to the ruling.

Members of the City Council on Monday expressed relief with the decision, which they say preserves the checks and balances within city government.

"I hope the mayor has learned her lesson," Councilman Jess Kelley said, "that she'll quit this lawless, erratic behavior and cooperate with the council and obey the law so we can accomplish some good things for the city."

In a written statement Monday, Anderson said the ruling reduces her administrative powers to whatever the City Council dictates.

"Boiled down to its essentials, Judge Toomey's decision means that the voters elected the City Council and not the mayor to ultimately manage the city," she said in the statement.

Despite her disappointment with the ruling, Anderson said she will "honor the court's decision and follow the directions of the City Council" concerning Hogue.

Hogue also expressed his displeasure with the judge's decision but said he immediately complied with it. The longtime state legislator said he packed up his things and turned in his city keys before noon Monday.

"I was having fun in the job, to tell you the truth," Hogue said. "I really enjoyed it. I went into it with some hesitation. It wasn't something I had lobbied for, but it's something I felt comfortable doing."

As of Monday, Hogue had been paid nearly $6,600 at the direction of Anderson. Toomey's ruling didn't include any direction on salary paid to Hogue, although some members of the City Council said the money should be returned to the city.

"In my opinion, the ruling was clear that the law was circumvented and therefore (Hogue) was there unlawfully," said Councilwoman Martha Speed. "So he unlawfully received taxpayers' money."

The legal battle originated with Anderson's decision to fire administrative-services director Brent Bluth on Jan. 17 and replace him with Hogue two days later.