Feds seek ouster of Ogden police chief

The U.S. Office of Special Counsel wants Ogden Police Chief Jon Greiner removed from his job for running for public office.

Greiner violated the Hatch Act by being a candidate for public office in a partisan election, the office's complaint filed Sept. 30 with the Merit Systems Protection Board said. Greiner won a seat in the state Senate in 2006 running as a Republican.

The Hatch Act of 1939 was aimed at corrupt politics and prohibited federal civil servants from running for office. It was expanded several times, first to include state and local employees who draw more than half their salary from federal money, then to cover others who handle federal grants.

While running for office, Greiner said, he checked with the city attorney's office and was assured he was eligible to run because his salary is paid by the city, not through federal grants. However, the Office of Special Counsel said the act applies to those who have duties connected with programs paid for with federal loans or grants.

Greiner, who was recovering from minor surgery Wednesday, referred calls to an attorney representing Ogden in the case, Stan Preston. "We think that the case is very defensible," Preston told the Deseret News. "We think we have a very good chance of prevailing in this matter."

Preston declined to get into the details of the case, which is expected to be heard by an administrative law judge in Utah in June. The issue first surfaced in 2006 and was appealed then by Greiner.

Ric Cantrell, chief deputy of the Senate, said the complaint will not affect Greiner's standing as a state senator.

Outgoing Utah Senate President John Valentine, R-Orem, suggested the federal government may be taking the matter too far.

"It's not like the Ogden Police Department is run on federal funds," he said.

Valentine said the situation may discourage others from seeking public office.

If Greiner is found to have violated the Hatch Act, he could be removed from his job as police chief and be prevented him working for any state or local government in Utah for 18 months.

Greiner could keep his job even if his appeal of the U.S. Office of Special Counsel's finding is rejected by the Merit Systems Protection Board, but Ogden would have to forfeit federal grant funds totaling two years of his salary, or about $209,000.

Other financial penalties also could be imposed.

It is unclear whether any ethics charges would be filed against Greiner in the Legislature, where lawmakers police themselves.

Utah Attorney General Mark Shurtleff offered Greiner moral support, noting the state had no role in the case.

"I think they're wrong as far as their rules. I support him in going forward," Shurtleff said.

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Contributing: Lisa Riley Roche, Deseret News