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Show Sig WASATCH COUNTY COURIER A6 FEBRUARY 7, 2001 e yl St ty un Co h tc sa Wa r, ke Po p Stri What's fair, Jerry & Arlin? | DAN STEPHENS COURIER EDITOR problems pletely agree with Jerry, I agree with his premise that all votes should count equally and that if the initiative has — o the Good Old Boys are sitting around the the Good Old Boys, thought Jerry was "= their wounds and how they'd “been had” during the Change of County Election. against the county to kill it? I don’t know the legal definition regarding conflicts of interest, but something Strength of political conviction is sadly Duke/Kohler lawsuit asks for relief as follows; 1. “A declaration that the Plan lacking in this county, and Jerry is tobe strongly commended for having is unconstitutional and therefore void;” and 2. “An injunction prohibiting the - the backbone to stand up Government. of the day we're still friends. But here Duke and Kohler had previously confirmed to me and my managing editor — that their intention was to modify the went out on a limb and said his piece. decrying kill the initiative before the: election, initiative, not to kill it. However a recent reading of the text of the up in the night, he stuck to his guns, meetings, licking number of issues, but they are always honest disagreements and at the end is where it starts to get weird. Both _. problems in that area they need to be corrected. When everyone, including — County Building in one of their usual secret in that area. And while I haven’t seen enough evidence to com- | a = es - : language prior to the election was that he didn’t want to. have te defend TD LIRE Tb REPORT N‘A ROBBERY.,.THE MAILMA ~ DELIVERING A GAS BILL. an indefensible law? Well, you got all the changes you demanded, so now defend the law. Last time I checked the complaint was six weeks old and hadn’t been every would have won (if we'd played fair) so _senseless act and kill this new law (the dollars of “pin” money in there for use at the County Attorney’s discretion, In other words, business as usual. maybe there’s some left over. First, to play Wasatch County Strip FF , > f Give the Good Old Boys credit for smarts. If you can’t fabricate a reason Poker you need to understand that it is of chess and poker. First you need a bluff and then you need some pawns to perpetrate the bluff.. The Ace up the Good Old Boys sleeve this time is that now that the initiative has passed and become law, they, as the protectors and admin- istrators of the laws of the county, are free to manipulate the new law almost at will. So how to use this new power to kill a legally passed citizens’ initiative? Find some legal pretense to challenge to keep it off the ballot, if you can’t suf“WAGKTCH CounT¥ (ounlep- } ficiently confuse the public with its lanI have to wonder if part of this | he didn’t want to kill the initiative, just fix it. In short, just somehow redraw _ the voting district lines so the population in each voting district was equal - and resolve the problem. I agreed and County -suggested that — ‘the Commission, a judge or even just the county clerk could reconcile the num- bers in the voting districts and redraw to change, or now ‘apparently, to kill the initiative. Two - really nice guys, and I mean that sin-icerely. I know both men and think _ they truly believe in the morality of _the legal challenge they've mounted “against the initiative. I especially believe Jerry Duke feels strongly that every vote should count equally and that the initiative has some significant seriously. So he decided that if he had to take legal action he would. Again, strength of. convictions. Few in this county will put their own money up to do what they consider “the right thing.” Jerry got the support of Arlin Kohler, a Midway City Councilman, — who hasn't been shy about his opposi- tion to the initiative. Arlin, like Jerry, is _ as good a man as you are likely to meet and I’ve spent many hours on Lake _ Powell with him. We disagree on a fair the election, kill the law after it passes selection of Park City Attorney Joe. Tesch to represent them in their legal action to “reform” the initiative. Joe is, — and it’s in your. arena. Wasatch County Strip Poker: strip the citizens of their legally voted on right to a change of among other things, the Midway City county government. And do it in the ‘ name of “fairness.” “clariArlin and Last week Jerry capacity. Mr. Tesch is also the attorney for the Wasatch Fire Protection fied” their positions to me by saying that while -change they preferred. to just the initiative, if it required District, a district that is directly affected by the initiative. He is also a repre- killing the initiative to change it, they sentative folks, the initiative sponsors drew the for the Jordanelle Basin would go along with killing it. Look Landowners Association, which relies nowhere. No one seemed to take him ee Enter the pawns. Jerry Duke and Arlin Kohler and their lawsuit against - guage and placement on the ballot, if you just plain get-your butts kicked in change of “intent” isn’t based on the _ Attorney. Arlin is a Midway City Councilman. So Joe is. representing Arlin in both a personal and official the validity of the initiative. Never - the lines to equalize the voting populamind that it underwent months of pubtion in each voting district. Happens all lic and private debate and review by ‘the time, no big deal. And what is right legions of attorneys in both the County is right. If the district numbers are off and State Attorneys’ Offices, any pre- _ they need to be corrected! | tense will do. Just get it in front of a But Jerry seemed to be getting County veto?” Can’t suit? it for counsel? Look in the “Professional and Technical” line item of the County Attorney’s budget. There used to be hundreds of thousands of let’s save the citizens from their own Wasatch Is this at a “pocket win by losing? to answer the attorney to do _ you. Short of muney to hire outside - n't backfire on us this time. But to hell with the election results, we know we — <|- judge. answered yet. Pullan’s attempt Do nothing and ‘bring yourself Hire an outside “Damned if being a mite too clever did- a combination same Derek who’s excuse for meddling in the initiative 2 vote been counted,” they’d have won. really killing the initiative. Guess whose job the ballot. The ‘ Boys that run the county have con- crook.” ment could be entered for the plaintiffs (Duke & Kohler) effectively same person who spent all last year doing his best to keep the initiative off approval; ...” the Good Old by hook or by (because the initiative is now a county law) in two weeks or default judg- County Attorney Derek Pullan, the Taking their clues from the same moral high ground that Clinton/Gore initiative) Just to stir the pot a little, the suit required a response from the County is submitted to the County’s voters for | that, “had doesn’t smell right to me. until a revised, constitutional plan... how we word the language and where themselves files suit counted. | However, in the past when I’ve talked to Jerry he always contended shouldn’t try and be too clever by intentionally confusing the public by © vinced he it is to answer the complaint? Our : understood the question, next time we. so rewarding, election County from implementing the Plan “We'd of won if our supporters had found after the and be been able to find it on the ballot and we place it on the ballot.” then — district lines based on information heavily on county support for the © supplied by county officials they development of the Jordanelle Basin. assumed to be accurate. Now we In addition to the above, prior to the election, Joe Tesch was the request of sent, at the County Commissioners, to lobby his former employer, the Utah State Attorneys. Office, to kill the initiative before it went to the voters. Now that the initia. tive has passed and is the law, Tesch _ know the county’s information was at best, inaccurate. So after more than a year and tens of thousands of hours of volunteer effort by hundreds of ordinary citizens to change their shady system of government, the files suit against the same County Commissioners to kill the initiative. Good Old Boys are going to couple of nice guys as pawns the legally approved citizen’s tive. Jerry and Arlin, where First Tesch represents the county to ‘fairness in this? Be our Guest Commentator — The Courier is looking for guest commentators. If there’s something that fires you up, send it to us and we might print it. Speak out. Let Wasatch County know how your feel. te Wasatch County Courier PO Box 1030, Midway, UT 84049, (435) 654-2531 fax or email: editor@wasatchcountycourier.com use a to kill initiais the | NSE tS LATE caters |