An attorney who represented Alpine City in negotiations with its former police chief says the city hasn't violated an agreement between the two parties.
Attorney Lynn J. Lund said Wednesday he plans to advise city officials to neither reinstate former police chief Brent Leseberg nor pay him $1.5 million, as Leseberg's attorney requested during a council meeting Tuesday night.George E. Brown Jr., Leseberg's attorney, said Alpine violated terms of a resignation agreement approved by the city Nov. 27. He gave Alpine 30 days to either reinstate Leseberg or pay him $1.5 million in damages.
If the city fails to comply with one of the two alternatives, Leseberg will sue the city, Brown said.
Brown said Alpine violated the terms of its resolution because it did not either give to Leseberg or destroy all copies of a tape recording of allegations of improper behavior involving him. Copies of the tape, which was made last March, were leaked to the news media in December.
However, Alpine Mayor Elaine Barnes said the tapes were not leaked by city employees or officials.
Brown also said Lund violated terms of the agreement by elaborating in statements to the media on why the city took action against Leseberg.
"I will stand by any statements quoted in the press as being non-violative of our agreement," Lund said.
Lund, an attorney with the Utah Local Government Trust, which provides Alpine's insurance coverage, said he has not yet studied in detail the statement submitted to the council by Brown.
However, he plans to advise Alpine City to "not reinstate . . . Leseberg as the chief of police and have him `only be terminated from his position for just cause, which definition of cause must be satisfactory to Brent Leseberg.'
"I will also advise the city not to pay $1.5 million to chief Leseberg concerning `compensation for damages in the matter without further proceedings'," Lund said.
Once the city formally receives his recommendation, the City Council will vote on it, Lund said.
"Then I suppose we'll be involved in litigation," he said.