North Salt Lake accepts resignation of city attorney arrested in drug sting

Published: Monday, July 12 2010 10:26 p.m. MDT

NORTH SALT LAKE — The City Council on Monday accepted the resignation of D. Michael Nielsen as city attorney and city prosecutor following his June 27 arrest in a Salt Lake City drug sting.

The unanimous vote occurred after council members met behind closed doors for 28 minutes. Nielsen had been city attorney for seven years and city prosecutor for 11 years.

"We find the actions that Mr. Nielsen has been accused of to be unacceptable as a city. We cannot condone those," Mayor Len Arave said before the vote. "We do not feel that someone that is participating in those actions should continue to work as a city employee."

Salt Lake police arrested Nielsen and 17 other people during a drug sting operation near 300 West and 200 South. Nielsen, 44, of Bountiful, approached an undercover narcotics officer and asked to purchase $100 worth of cocaine, according to charges filed in 3rd District Court.

North Salt Lake officials were unaware of the arrest until last week.

Because the alleged activity occurred within 1,000 feet of the Greek Orthodox Church and 216 feet from The Gateway mall, Nielsen was charged with a third-degree felony. Utah law allows prosecutors to file felony charges if a drug transaction occurs on or near the grounds of a church, park, library, school, shopping mall, theater or sports facility.

Councilman Conrad Jacobson called the matter a "personal tragedy" for Nielsen. "We're all sorry to see him leave under such a condition and situation," Jacobson said. "But we are, as the mayor said, in agreement that this is necessary action on the part of the city to maintain good government and good governance."

Councilman Stan Porter said Nielsen has been a personal friend but that he had been unaware of any situation like the one that led to his arrest. "(It's certainly sad to hear the news and what has taken place. … And I hope that this becomes a moment that he can make changes in his life that it sounds like he needs to make."

Nielsen did not attend Monday's council meeting. The panel named David Church as interim city attorney. Russell Mahan was named interim city prosecutor.

Deseret News' attempts to contact Nielsen on Monday were unsuccessful.

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