The Troubling Myton Police Chief Case: Did Myton Do All It Could?

Recently, Myton, a small city located in Duchesne County, has come under scrutiny for hiring as a police chief a former police officer that had a long history of criminal stalking charges filed against him.  The history is detailed in a recent Deseret News Article entitled “Did undocumented stalking allegations help officer land new jobs?” […]

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Tenth Circuit: In Order for Employees to Prevail on Freedom of Association Claims They Must Show that the Association Related to a Matter of Public Concern

Tol On July 25, 2011, the Tenth Circuit Court of Appeals, the federal appellate court having jurisdiction over federal cases in Utah, decided an issue that had yet to be decided by that court—whether an employee claiming a violation of his or her right to association was required to show that the association involved an […]

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Tenth Circuit: College Decision to Discharge Chief Information Officer for Criticizing Contractor Not Violation of First Amendment

In Sarkar v. McCallin, the Tenth Circuit affirmed a trial court’s decision to dismiss a case that a Chief Information Officer brought against his former employer.  The CIO argued, among other things, that he was dismissed for exercising his First Amendment rights in complaining about the contract performance of one of the computer software vendors providing services […]

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Do Governmental Employees Have the Right to Comment on their Belief that the Agency by which they are Employed is Acting Outside its Authority?

The federal appellate court having jurisdiction over federal questions arising in Utah, the Tenth Circuit, issued a decision on January 8, 2009, explaining that an employee’s concern over the scope of an investigation was a matter of public concern. The court in Dixon v. Kirkpatrick held that, although an employee had raised an issue of […]

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