An attorney representing a Provo City employee who was granted a temporary restraining order prohibiting the city from terminating her leave of absence has filed a countermotion to the city's request to have the restraining order dismissed.

The employee, Shari Holweg, was granted a temporary restraining order against Provo City after she contended in 4th District Court that the city would cause her irreparable harm in her pursuit of the office of mayor by terminating her leave before the Nov. 7 final election. Holweg finished third in the primary election but is continuing her campaign for mayor as a write-in candidate. Holweg works in the city's energy department.Robert M. Orehoski, Holweg's attorney, has listed four reasons the restraining order should not be revoked. The points are: Holweg was not required to notify the city of her intention to seek a restraining order; the city did not follow city ordinance in terminating Holweg's leave; there were no administrative remedies available to Holweg to resolve the termination of her leave; and the preliminary injunction is appropriate because it allows Holweg to remain on leave until after the Nov. 7 election.

Provo City maintains that Holweg: did not exhaust available administrative remedies before seeking the restraining order; would not suffer damage by being required to report back to work; and that the matter will become moot after the final election.