On Aug 1, 2017, at 10:47 AM, Sherrie Hall Everett wrote:
Thank you Jayme for the follow up. YES, please let me know absolutely if there is any potential future matter. I am happy to keep clear bright lines in place.
Sherrie Hall Everett
On Aug 1, 2017, at 10:22 AM, Blakesley, Jayme (General Counsel) wrote:
I write to follow-up on the conversation you and I had over the phone last Wednesday morning, and the subsequent letter I received from Trustee Brent Taylor on July 27, 2017, regarding a contribution your mayoral campaign received from SUNROC, a subsidiary of WW Clyde. Thank you for calling to make me aware of the contribution. When we spoke, I agreed to examine the Public Officers’ and Employees’ Ethics Act, UTA policy, and campaign finance laws to determine what level of review and disclosure is appropriate.
While UTA internal auditor Riana De Villiers and I are still gathering information and discussing how to respond to Trustee Taylor’s letter, I wanted to restate what I told you over the phone last Wednesday: The provisions in the Public Officers and Employees Ethics Act that prohibit a public officer (like a member of the UTA Board of Trustees ) from accepting a gift, compensation, loan, or “economic benefit tantamount to a gift” do not apply to “a political campaign contribution.” Utah Code Ann. 67-16-5(3)(d).
Because I represent UTA as an entity, I am not able to advise you on campaign finance laws. I will note, however, that UTA plays no role whatsoever in writing or enforcing those laws. I know from our conversation last week that you are making every effort to comply with the requirements of Provo City law as they relate to campaign finance disclosures and that the contribution you received from SUNROC has been or will be disclosed as required by the City of Provo.
I also know from our conversation last week that . . . even though it may not be required by the Public Officers’ and Employees’ Ethics Act or UTA policy . . . you are considering whether to recuse yourself from any Board decisions that may affect SUNROC’s or WW Clyde’s interests. (Note: in my preliminary review of the matter, I cannot find an instance in the past where you have been asked to vote as a UTA Trustee on a matter affecting SUNROC or WW Clyde directly. Contractors for the Provo-Orem BRT Project were not selected by the Board, as far as I can tell.) While not required, I would advise you to recuse yourself from voting on matters affecting SUNROC or WW Clyde if and when they arise. (NOTE: I am not aware of any matters affecting these entities scheduled to come before the Board in the foreseeable future.)
I know from our past experience that you always choose the safest, most honest, and most transparent course possible. I expect you will do the same here.
I will keep you updated as Riana and I respond to Trustee Taylor’s letter. Please feel free to contact me if you would like to discuss the matter further.