Brad to interview Bruce Funk today on Peter B. Colllins 5PM PT

[Amaryllis]

I think Bruce is slated for 5:00 pacific.

Brad Guest Hosts Peter B. Collins Show Today with ASNER, TOMORROW, FUNK & MORE!
3p-6p PT (6p-9p ET) on KRXA 540am in Monterey, CA and Worldwide via www.KRXA540.com

I'm Guest Hosting the Peter B. Collins show today and have booked an amazing line-up of Guests! Showtime is 3p-6p PT (6p-9p ET) on KRXA 540am in Monterey, CA and several other affiliates. Listen online here! Call in toll-free if you like at [phone].

Guests to include...
+ This Modern World cartoonist and blogger, TOM TOMORROW!
+ FAIZ SHAKIR from The Center for American Progress' Progress Report
+ Emery County, UT County Clerk/Hero BRUCE FUNK (Diebold's latest scapegoat!)
+ *** PLUS: The legendary ED ASNER! Yup, Lou Grant his own bad self!
Spread the word! Tune in!

MORE DETAILS & OPEN SHOW THREAD:
http://www.bradblog.com/archives/00002662.htm

[JimDandy]

1. Bruce Funk -- live NOW with Brad Friedman -- streaming link here:

Streaming audio:

http://64.182.248.162:8230/listen.pls

[nicknameless]

2. Sheesh, what's with the audio. Wish it were louder.

K&R for important info.

[nicknameless]

3. FORCED to switch from ES&S opti-scan to Diebold DRE vote-trashers.

Now locked out of his office. He's an elected official. How effing outrageous.

:grr:

[Amaryllis]

4. He is getting Shelleyed. But at least he has a lot of support. I am so

glad for that...

[JimDandy]

5. I just spoke to Bruce. Email him at: [e-mail]

He attended his party's county meeting last night and, although he got the 'Grand Funk Railroad' treatment from the Emery County commissioners, he got a lot of support and warm wishes from the party members in general.

You can email him at:

[e-mail]

JD

[Amaryllis]

6. Are you in his district? Who decided if he gets his job back?

[JimDandy]

8. No, I'm in SLC, UT. The courts will now decide if Funk can continue

in his elected position as Emery County Clerk/Auditor.

[nicknameless]

7. Do the commissioners have the right to "fire" an elected official?

I don't see how they can legally do what they're doing.

[JimDandy]

9. Commission sees it as a resignation and doesn't want to revoke it.

The Emery County commissioners have said Bruce Funk's verbal resignation to them was an official resignation. Their stance seems to be that once he tendered a resignation, whether written or not, Bruce did not have the option of revoking it, only they did. And, although he has asked to have it revoked, they have refused to do so.

In addition, the county attorney, David Blackwell, refused to provided him representation in his official capacity as county clerk. Funk made that request to the county attorney twice, prior to his last day on the job. As I understand it, Mr. Blackwell has stated in a letter to Funk that he will need to represent the county should Mr. Funk file suit. Bruce has retained a private attorney at this point, and if he has not yet filed suit, is intending to shortly.

The county attorney's office isn't legally precluded from representing both parties in a county government dispute. If both parties are county employees, I can't see why Blackwell's office couldn't provide a separate attorney for each party. From my view point as an outsider, it appears to be more of a case of "I don't want to, even though I should." on the part of the county attorney.

Here is one real 'for instance', in Utah, in which a county attorney's office has provided representation to two different county governmental entities who were opposing each other:

A taxpayer disputes his county assessor's assessed value on his home and appeals that assessment to the county council as allowed to by law, in Utah. After hearing the taxpayer's pleadings, the council agrees with the taxpayer's arguments and reduces the assessed value on the home and thereby reduces the taxes the taxpayer owes on his property for that tax year. The assessor's office disagrees with the reduction in value and files suit at the Utah State Tax Commission. The county attorney's office provides a separate attorney to represent each county government agency at the Tax Commission hearing.

Due to the dynamics between the various parties in Emery County, though, were I Bruce, I would not have wanted representation from the county attorney, in this instance. His financial situation (very small county with a correspondingly small clerk's salary) made it necessary for him to inquire about the possibility, though!

JD

[nicknameless]

10. You'd have to wonder what kind of representation he'd get from

someone like Blackwell, anyway. It's probably best that he secure independent legal representation.

But there is nothing in the laws there that allow him to rescind his resignation?
When Kevin Shelley was harassed into resigning, he had the option to rescind -- and thousands of Californians begged him to.

[JimDandy]

11. Wish I were a lawyer, just for deserving cases like this.

"I don't know" is the best answer I have, right this second. He 'resigned' after hours, at a meeting he was required to attend and during which he was put under pressure to do so. I don't know if there is any Utah law or case law that takes into account "undue and extreme duress."

JD