Former judge to investigate alleged ethical misconduct of Provo councilman

PROVO — A former trial court judge will investigate allegations of ethical misconduct by Provo City Councilman Steve Turley, city officials said Tuesday.

Last week, the Utah County Attorney's Office charged Turley with 10 second-degree felonies related to business dealings in which Turley allegedly defrauded others for profit.

Upon learning of the charges, Mayor John Curtis and members of the City Council sent Turley a letter asking him to resign from the council. The letter also informed Turley that the city would begin an ethics investigation into his dealings unless he stepped down.

Turley has taken a leave of absence for the City Council but has not resigned his position.

Judge Anthony Schofield's investigation got under way Tuesday and is expected to take about 30 days. The longtime 4th District Court judge will investigate complaints by a group of Provo residents that Turley violated the Municipal Officers' and Employees' Ethics Act by using his elected position for personal gain and failing to disclose conflicts of interest.

"The investigation will be narrowly focused," Curtis said. "We have no authority to decide criminal or civil matters."

Violation of the Municipal Officers' and Employees' Ethics Act, however, provides a way to remove an elected official from office, he said, "but only on very specific grounds."

"General bad behavior does not currently qualify under the statute, (and) neither does being charged or convicted of a crime," Curtis said.

Schofield was a trial judge in Provo for 14 years before retiring and returning to private practice in 2007. He's now a shareholder with the law firm of Kirton & McConkie.

"We are fortunate to have someone of Judge Schofield's caliber working on this," Curtis said. "It's critical that the parties and the public feel confident in the process, and that's where his experience and reputation make a difference."

Turley faces seven counts of communications fraud, two counts of exploitation of a vulnerable adult and one count of pattern of unlawful activity.

According to charges filed last week in 4th District Court, Turley "engaged in a course of conduct to defraud others or obtain money, property or other items" valued at more than $5,000 on at least 10 occasions between July 2006 and December 2009.

Turley has served on the Provo City Council for the past 7½ years.

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