Ex-UTOPIA exec files defamation suit against company, West Valley mayor

Published: Thursday, Jan. 26 2012 3:39 p.m. MST

Mike Winder, mayor of West Valley City, poses outside his office in West Valley Tuesday, November 8, 2011.

Brian Nicholson, Deseret News

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SALT LAKE CITY — A former UTOPIA executive has filed a defamation lawsuit against the company, West Valley City Mayor Mike Winder and Deseret Digital Media stemming from an article Winder wrote under an fake name.

Chris Hogan, who served as the vice president of marketing, sales and business development of the fiber-optic network until March 2011, filed the lawsuit in federal court Wednesday. Hogan claims he was fired after expressing concerns over alleged bid rigging at UTOPIA.

Winder, as well as DDM and UTOPIA officials, all say the lawsuit is baseless.

Hogan claims the company found a way to award a bid involving $65 million to a company that was initially "disfavored" by UTOPIA, but employed the brother of Todd Marriott, UTOPIA's executive director, according to the lawsuit.

Hogan said he expressed his concern about the plan to UTOPIA's outside plant manager, who was in charge of the process. He said he was fired for voicing his opinion. Soon after, Marriott allegedly hired one of his neighbors to replace Hogan.

Days later, Winder asked for a meeting with Hogan, the lawsuit states. Hogan said he agreed to meet with Winder because he believed that as a mayor, Winder would provide a "safe haven" and would want to know about any potential wrongdoing.

Hogan said he expressed his concerns about the bid process and Winder, in turn, voiced concern and support. But then Winder asked Hogan to turn over his UTOPIA cellphone, leading Hogan to believe Winder had been sent by Marriott.

At the time, Winder was director of public affairs for The Summit Group, a public relations firm employed by UTOPIA.

"Instead of honoring his duty as an elected official, Winder used the information Hogan provided to him and conspired with UTOPIA to defame Hogan," the lawsuit states.  

Hogan refused to sign his termination agreement and, according to the lawsuit, members of Marriott's staff told other employees Hogan had been committing crimes. UTOPIA accused Hogan of blackmail and extortion and asked for a temporary restraining order against him, the suit states.

The order was granted and the court records were sealed. When a judge later determined that Hogan was not attempting to reveal confidential information about UTOPIA, he declined to implement a preliminary injunction and the records were unsealed.

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