Anyone in search of irony need look no further than the call for UTA General Manager John Pingree's ouster or resignation by Salt Lake County Commissioner Randy Horiuchi, UTA board member Dan Berman and the Amalgamated Transit Local 382.
The group says Pingree needs to go because, among other things, he is "too powerful" and "too political." Indeed, power and politics seem to be at the heart of efforts to oust him.Regardless of the conflict, Pingree needs to be left at the helm of UTA until the Legislature settles a dispute over the UTA Board appointment process. There is no imminent crisis at UTA that merits his hasty dismissal after some 19 years of leadership, though a special UTA Board meeting is scheduled Wednesday to consider his firing.
Such a dismissal would be premature and a brazen affront to sound and open government.
On the side of Pingree is Salt Lake City, which has countered with a lawsuit against the county and its behind-the-scenes backing of the coup d'etat. It's no coincidence that the city and Mayor Deedee Corradini are ardent backers of a light-rail system, a fact that is unmistakably simmering in the background of this issue.
The suits seeks a temporary restraining order against UTA and the commissioners to prevent them from releasing Pingree. It alleges that meetings by Horiuchi, commissioner Brent Overson and some UTA Board members to marshal support for the overthrow were conducted in secret in violation of open-meeting laws.
Unfortunately, a hearing before 3rd District Judge Homer Wilkinson on the matter is not scheduled until Friday, two days after the meeting to decide Pingree's fate. The board should postpone action and wait not only until Wilkinson considers the issue before acting on Pingree's status but until the Legislature has resolved the ambiguity surrounding board appointments that has fueled animosity between the city and county.
The bottom line today is there are no fiscal or legal crises that merit tossing the UTA general manager overboard. Any action taken tomorrow could be overturned by Judge Wilkinson Friday.
Pingree's foes accuse him of overstepping his bounds by lobbying UTA board members to seat University of Utah President Arthur Smith on the board. Smith, a light rail proponent, was nominated by Salt Lake City to fill the vacancy left by the departure of Manuel Romero.
Salt Lake County, on the other hand, claims rights to appoint Romero's replacement to the 14-member UTA Board and nominated Stephen Rees, who opposes light rail, for the position. With Romero's term expired in August but still unfilled and only 13 members currently functioning, the county and Berman have lobbied board members and say they have a majority of seven members ready to fire Pingree.
However, Salt Lake City says Romero, who supports Pingree, can still vote until his replacement is seated. That would mean eight votes would be needed for a majority.
That dispute should ultimately be settled at the Legislature this winter. Legislators should clear up legal ambiguity surrounding the board appointment process and board size, perhaps capping it at a prescribed number. Then, if there are legitimate concerns about Pingree's performance, they could be addressed in the light of day by a full, stable board.
On Monday, the Amalgamated Transit Union Local 382, which represents all UTA drivers and mechanics, also called for Pingree to resign. The union charges Pingree and the UTA administration of leading through coercion and intimidation. Such charges by labor against management are not too unusual and may have some merit, though again the timing is suspect, since the union ratified its collective bargaining agreement with UTA in April.
Why weren't serious union concerns aired at that time? Have they now become so critical to merit the immediate removal of Pingree? It doesn't add up. Or is this merely the optimum time to remove a strong-willed leader, given the confusion about the makeup of the board?
Besides the irony of Horiuchi and Berman criticizing Pingree's "politicking" regarding board appointments while they and others do the same high and low, the timing of their assault is ironic. It was just two weeks back that UTA was named the best-managed transit agency of its size and type in the country by the American Public Transit Association. A couple of years ago, Pingree was given a sizable annuity by the board to keep him at UTA when an outside offer appeared likely to woo him away.
Several local political leaders and many Salt Lake County citizens this past week have wondered if Horiuchi is overstepping his bounds in attempting to micro-manage the UTA Board. Certainly, the county has a huge interest in UTA, but so do Salt Lake City and other municipalities and counties that are part of the authority.
To date, Pingree has pursued the wishes and agenda of the UTA board for which he works. They have backed light rail, and he is carrying out their mandate as UTA's chief executive. While the issue has become white-hot politically in the community and now among the UTA board itself - with pro- and anti-Pingree (and light rail?) factions splitting Monday and both hiring separate legal counsel - a search for stability and good governance ought to be foremost on everyone's agenda.
Pingree needs to be left at the executive helm until the political heat subsides and cooler heads prevail.