Juab County commissioners have agreed to give Lane Harward, the judge of the justice court, his paycheck for October after he sent commissioners a letter requesting a meeting with them.

At the commission meeting held on Oct. 15, Commissioner Jim Garrett and Commission Chairman Joe Bernini agreed to withhold Harward's October paycheck until he attended a commission meeting and explained to commissioners why they should not consider he had abandoned his office.Commissioners had heard reports from other county employees as well as townspeople that Harward had not been in his office for nearly 60 days, no longer lived in the county and was attending school in another state.

On Monday, Commissioner Richard Brough refused to go into an executive session to allow commissioners and Don Eyre Jr., county attorney, to discuss the issue before making a decision.

However, the meeting, to be scheduled at the convenience of Harward, will be an executive session and may not be during a regularly scheduled commission meeting.

"It will probably be an executive session since Harward is an employee," said Bernini, "but the public will be informed."

Harward wrote a letter to commissioners in which he said he was willing to meet with them.

At the request of one of the 20 people who attended the meeting, Harward's letter was read.

The letter said he was unable to appear before the commission Nov. 5 because of a previous commitment.

"I will be happy to set up a future date convenient to the commission and myself. Since previous meetings have been grossly misstated by the press, I would prefer to resolve any differences in writing."

He asked the commission what duties they say have not been performed, and who informed them that he is not a resident of the county.

Garrett and Bernini voted to request Harward to meet with them before Nov. 19.

Brough said he felt withholding Harward's check, before giving him the opportunity of a formal hearing, was a violation of Harward's constitutional rights. "The action taken was, in my opinion, totally irresponsible and has opened Juab County up for a lawsuit of far-reaching repercussions."

Brough also became heated when discussing the issue with Eyre. He said Eyre was fully aware that Harward had met with Brough before sending his letter to the commission.

County Clerk-treasurer Pat Greenwood was directed to send Harward's check for $1,200 minus a court garnishment of $300 to Harward.