Mark Walker Charged

From KSL:

Prosecutors filed criminal charges today against a former Utah lawmaker in a case of alleged bribery on Capitol Hill. It stems from allegations of wrongdoing in the state treasurer's race last year.

Today, Salt Lake City prosecutor Sim Gill charged former Republican Rep. Mark Walker with one count of "inducements not to become a candidate," a class B misdemeanor.

Gill said, "There's sufficient evidence that Mr. Walker tried to induce Mr. Ellis from being a candidate while this election was going on and offered to make him his chief deputy at a substantial pay raise."

Last spring, Richard Ellis, at the time a deputy treasurer, and Walker, a lawmaker from Sandy, were facing off in the GOP primary for treasurer, a post Ellis ultimately won.

According to court documents, in March of last year, Carl Empey, an employee with Zions Bank and an associate of Walker's, e-mailed Ellis stating, "Looks like he wants to offer you $160,000 a year to be his deputy."

Ellis believed he was essentially being asked to drop out of the race for what amounted to a $54,000 pay increase. He contacted an attorney in his office who advised him "this type of an offer was illegal."

A week later, Ellis and Walker met for breakfast and Ellis said he told Walker he believed the offer was illegal. When asked about where the money would come from, Walker allegedly told Ellis, "I have talked to the person that can make that happen, and you and I both know who that is."

Walker's attorney, Jim Bradshaw, said the charge actually vindicated his client. He said after months of investigation, it was clear that what happened did not rise to the level of bribery. Instead, he said it's a technical violation of election law and he anticipated some sort of resolution in the case, possibly within a week.

KSL Interview With Grag Curtis Subpoenaed In Bribery Case

KSL:

The investigation into the scandal over the Republican primary race for state treasurer is moving forward, and prosecutors want to know more about broadcast interviews with key players.

The Davis and Weber county attorneys charged with investigating allegations of bribery in the race have asked KSL News to provide copies of radio and TV interviews. They say they're interested in interviews involving three people, including Speaker of the House Greg Curtis.

Prosecutors sent a subpoena in their criminal investigation to KSL News. They asked for two things: edited and unedited copies of a Doug Wright radio program on KSL Newsradio and an Eyewitness News story.

[...]

Now, prosecutors have subpoenaed KSL regarding a Doug Wright radio show from June 23 and a July 10 Richard Piatt story. They're looking for copies of any and all interviews, TV programs and news broadcasts and both edited and unedited versions of interviews with Walker, Ellis and Curtis.

[...]

Curtis didn't mince words when KSL-TV asked him if he had anything to do with claims that Walker offered Ellis money. "I'm not gonna comment on that. You know that's an unprofessional question. I did not talk with Mark Walker at all in regards to treasurer's race, salary or anything else," he said.

Meanwhile, prosecutors interviewed Ellis and at least one other witness today. "They had their list of questions; and since it's an ongoing investigation, I'm not at liberty to say much. They just asked their questions," Ellis said.

What isn't clear yet is what Curtis might have said that would be of interest in the investigation. Subpoenas may include witnesses and not necessarily someone criminally involved in the case.

Curtis insists today, the only reason he's being subpoenaed is because he's the only lawmaker to comment on the allegation so far. However, several lawmakers have commented publicly to KSL News, including Steve Mascarao, Phil Reisen and Roz McGee. No legislative leaders have spoken to KSL News except Curtis.

One former county prosecutor Eyewitness News spoke with tells us prosecutors may be interested in that material because they're looking for inconsistent statements, perhaps they have a witness who is refusing to testify, or may just be looking for any new information.

An open message to Rep Urquhart: Quit whining

In a recent post on his, Representative Steve Urquhart complains that two COLUMNISTS for the Salt Lake Tribune apparently say nothing negative about Democrats.

And when was the last time SteveU said anything negative about a Republican?

Anyone?

So his biggest complaint is that these columnists are still trying to find the unnamed legislator who allegedly helped Mark Walker Allegedly bribe Richard Ellis.

The fact of the matter is, the complaint to the Ethics Committee said that there was another person involved. Another Legislator.

As SteveU says, that could be 103 people. Given that there is better than a two-to-one ratio of Republicans to Democrats, and the alleged bribery happened in a Republican primary, it's safe to say that the unnamed legislator is not a Democrat.

And, the person would probably have to have some power in the legislature. I'm sure that Brad Winn (R-Ephraim) would have the power to make that kind of promise. So, why not try to pin it on the Speaker, who has been known to have a few ethical lapses? If it's not the speaker, reopen the ethics investigation.

However, I don't think it's Speaker Curtis. No, if it were him, he would be talking about it more.

But, I do have me guess as to who it is.

Rep Urquhart, methinks thou doth protest too much.

-Bob

Breaking: Walker Resigns

Deseret News:

Rep. Mark Walker, R-Sandy, resigned his seat in the Legislature, his campaign manager in his unsuccessful run for state treasurer said Monday morning.

The confirmation came just moments before the House Ethics Committee was scheduled to convene to consider allegations that Walker tried to bribe his GOP primary opponent in the treasurer's race, Richard Ellis.

"He said, 'I just can't do this to my family anymore. I know I should stay and fight….I'm done,' " said Steve Hunter, who ran Walker's campaign.

Hunter said Walker turned in a letter of resignations Sunday night to House Speaker Greg Curtis, R-Sandy, and plans to spend a few weeks with his family in a secluded cabin.

Republ-I-CAN be investigated for ethics violations

Stolen from the AMICUS:

A bi-partisan group of Republicans and Democrats have filed an ethics complaint today against Rep. Mark Walker (R – Sandy), asking the House Ethics Committee to investigate allegations respecting violations of House ethics rules arising out of Walker’s alleged improper use of his House position in connection with his campaign to be elected as state treasurer. Under the House Rules, the Ethics Committee, jointly chaired by a Republican and a Democrat, must determine whether an investigation is warranted, and may appoint a special prosecutor to pursue the four charges outlined in the complaint against Walker. If he is determined to have violated the House Rules on ethics, he could be disciplined or even expelled from the House. If exonerated of these charges, the complaint would be dismissed.

The complaint against Representative Walker asks for an investigation into four issues: (1) abuse of official position and whether Walker offered a job and a substantial salary increase to Richard Ellis if Ellis would withdraw from the treasurer’s race; (2) potential criminal violations of the election laws and whether another unnamed legislator colluded with Walker to offer assurances that the money to fund the Ellis salary increase would be provided by the legislature; (3) abuse of the constitutional rules on legislator behavior and whether the unusual salary increase received by the treasurer in a bill Walker voted for makes him guilty of an impermissible conflict of interest (and incidentally would have rendered him constitutionally ineligible to be elected as treasurer); and (4) whether these allegations, if accurate and taken together, violate the constitutional limitations on legislative compensation.

The House members who filed the complaint are Representatives Rosalind McGee, Phil Riesen, Neil Hansen, Steve Mascaro, and Sheryl Allen. They delayed filing the complaint until today because they did not wish to have the complaint taken as an effort to influence the election outcome. The group stated in the complaint that all proceedings should be open to the public, in the interest of transparency, and they asked that any member on the Ethics Committee who for any reason may doubt his or her ability to act in a disinterested fashion in considering the complaint “should declare that fact and step down as a judge in this matter.”

If the investigation finds the probability of criminal conduct, the complainants ask that the matters be referred to “authorities with jurisdiction to take whatever future action they may deem appropriate.”

The complaint cites a statement by Justice Cardozo, “Many forms of conduct permissible in a workaday world for those acting at arms’ length, are forbidden to those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.” The complainants ask, “Should the bar be any lower for legislators who are servants of the public trust? Should we tolerate conduct from a member of our body which treats a public office as an object of barter?”

The complaint concludes, “Unless our political culture is founded upon principles of stewardship, integrity, and fidelity, we will suffer a loss of public confidence in government policies and those who are its stewards that may be irreparable."

Asked if a House ethics investigation was necessary in light of Lt. Gov. Herbert’s last-minute decision to call for an investigation by the Attorney General, Rep. Phil Riesen said, “It’s encouraging that Mr. Herbert has finally referred this complaint to the Attorney Generally for further investigation. However, these are two separate matters. Irrespective of what the Attorney General – who endorsed Walker -- may conclude, the Constitution makes the House of Representatives the judge of who shall sit as a member, and after all that has gone on in this race and elsewhere, it is time that we take appropriate action to begin to set the People’s House in order. The Ethics Committee has subpoena power, and it is time we use it to get to the truth of what has happened – not behind closed doors, but out in the sunshine.”

Asked if Walker could avoid the ethics inquiry by resigning, Rep. Neil Hansen said, “This is bigger than just Rep. Walker, and it’s important that the inquiry pursue all allegations to determine whether, as has been alleged, other legislators inappropriately and unethically colluded with Walker by giving him assurances that the state budget would be adjusted to provide the $56,000 salary increase which appears to have been the consideration for Ellis dropping out of the treasurer’s race.”

Some may see this as a moot point since Mark Walker is out of office in six months anyway. However, violating the rules is violating the rules. And you must send a message to the future that we will not tolerate this type of crap.

And, just because Mark Walker is unemployed in six months does not mean that we have seen the last of him. Look at LaVarr Christenson. And, Walker has his degree in PoliSci. He's a career politician through ad through.

-Bob

GUEST POST: From Ed Alter's Daughter

[I received this email a few days ago from a girl in my LDS Ward. While it says pretty much the same thing as I said a few days ago, I'm pretty sure she said it better. I'm reprinting it with permission of the author. -Bob]

Hi All -

I want to share something that I consider to be really important. I'm not the type to send out large emails -- but this one is going to be a exception -- hopefully you'll understand after reading the below.

There is a primary election coming in Utah that many people aren't very familiar with. It's the only race running a republican primary -- and it's the State Treasurer's race. Some of you know that my dad, Ed Alter, has been State Treasurer for the past 28 years. He and his team have earned millions of dollars for Utah tax payers through savvy investing, and have also earned the state of Utah a AAA Bond rating - which is no easy task (Utah is one of the few states to have the highest bond rating). I'm really proud of the work he's done in serving Utah. His term will be up at the end of this year, and he's decided to retire. His Deputy Treasurer, Richard Ellis is running is his place. Sadly, there is another republican running for the office as well who is not qualified for the position. His name is Mark Walker.

I'm sure Mark is a nice guy - but he is not qualified to serve as State Treasurer. He sold furniture at RC Willey for a time, lucked into a legislative seat (by 18 votes) and then landed a sales job at Zion's Bank. He doesn't have a degree in Business or Finance - and doesn't have an MBA. He also doesn't have experience with the type of investing and money management that are the daily routine in the Treasurer's office.

Richard Ellis, on the other hand, has a Finance degree, an MBA, and has 22 years of experience in the industry. He's worked as Deputy Treasurer for 8 years, was the Treasurer for Draper City, was the Finance Director for a water district, and has served as the State Budget Director under Gov. Olene Walker for 3 years. His resume is impressive - and he is a wonderful person as well. Richard has the qualifications and the practical know-how to keep the state's finances in incredible shape.

It scares me to think that someone with no notable finance training or other qualifications could end up managing $12 billion of our state's money. Having watched my dad do it for so long, I know how important the job is and I really care about having a capable, qualified person doing it in the future. Richard Ellis is the right person for the job. If you want to learn more about Richard, please visit his website at www.ellisfortreasurer.com

The primary election is on June 24th - next Tuesday. PLEASE go cast your vote for Richard Ellis. Because of the low-profile nature of this primary, I'm afraid that there will be a low turn out. We need everyone to vote on Tuesday to ensure that Richard Ellis wins the primary. If you don't know your pooling location, you can call the county clerk at 468-8683 or visit www.clerk.slco.org.

Thanks in advance for your support!
Christy

PS - Also, PLEASE forward this message along to other people that you know. We need to get this important message out - Vote Richard Ellis!

Lt Gov Gary Herbert Derelict in His Duties

The Lt Governor in Utah has three jobs. One is to be ready to take over for the Governor should the Governor die or resign to take another job, say a Cabinet position.

The other two duties are to be in charge of the Notary Publics and elections.

However, this seems to be too tough a job for Gary Herbert.

He has postponed a decision on whether to have the Attorney General's office investigate possible law breaking in the State Treasurer's race until after Tuesday's election.

And who knows when he'll pick it up after the election?

He says he doesn't want to influence the primary. However, by waiting until after the election, he is still influencing the primary AND possibly the general election. How?

Well, let's just say that Mark Walker wins, and Herbert does his job and sends the case to the Attorney General. And, let's just say that Mark Shurtleff decides that there was wrongdoing and files charges (miracles can happen), and we are left with a Republican nominee running against the Democrat in the race.

However, Gary Herbert could do his job. Sure, it would be unfair to people who voted absentee and/or early. However, that is a risk we take by voting early.

And remember, Gary Herbert could end up being Governor should McCain win the presidency.

-Bob

P.S. Anyone else think it fishy that the press release announcing Herbert's inaction was embargoed to come out at 4:00 PM on a Friday?

ENDORSEMENT: Vote Richard Ellis for Treasurer June 24

A little known fact here in Utah is that there is a primary election coming up next week.

And one of those races up for bid is State Treasurer. One candidate has the experience to fulfill the duties of the office.

The other candidate has the qualifications to be a politician. Maybe.

Richard Ellis has a BS in Business/Finance from BYU and an MBA from the U. Mark Walker has a BA from the U in something, but his web site doesn't even list his BA (found it in his state bio), let alone his major.

Richard Ellis has 8 years experience as Chief Deputy State Treasurer, plus ten years as a Treasurer and Finance Director at Draper City and Jordan Valley Water Conservancy District. Mark Walker has worked for Zion's bank in their municipal investing department for an unknown period of time, a job he quit to run "full time" for treasurer. Walker has served for four years in the Utah Legislature, and only won his district by 18 votes in 2006.

We need someone with experience and knowledge as our treasurer, not a politician.

That's why I'm voting for Richard Ellis for Republican nominee for Treasurer.

-Bob