A judge ordered Wednesday that the Utah Transit Authority board remain as it is unless Salt Lake County officials can find a reason to recall board member Manuel Romero.
Third District Judge Homer Wilkinson ruled Wednesday that neither Salt Lake City board appointee Arthur K. Smith nor Salt Lake County board appointee Stephen Rees had been qualified to sit on the board as required by state law.Wilkinson's ruling makes it unlikely the UTA board will be able to fire general manager John Pingree Wednesday afternoon.
Until the UTA board selects one man or the other and he is sworn in, UTA board member Romero will continue to sit on the board.
The board is split seven-seven on whether to fire Pingree. Romero is pro-Pingree and maintains the tie. Smith is also pro-Pingree, but Rees is anti-Pingree.
But then, under questions from Deputy Salt Lake County Attorney Bill Hyde, Wilkinson said that the Salt Lake County Commission could meet to recall Romero.
"What the county does now, it's up to them," Wilkinson said.
County bosses will meet Wednesday to decide if they will go ahead with plans to recall Romero, said Salt Lake County Attorney Doug Short.
The county planned to recall Romero at an 8 a.m. meeting Wednesday. However, Wilkinson issued a temporary restraining order at 11 p.m. Tuesday prohibiting Wednesday's meeting until he could hear arguments on who should sit on the UTA board.
Although Wilkinson's ruling left both sides somewhat confused, attorneys for UTA board President Jim Clark and other pro-Pingree board members said if the county attempted to recall Romero, they would again go back to court to get a temporary restraining order.
"They can't recall Mr. Romero unless they have some grounds we don't know anything about," said Dale Kimball, attorney for Clark and others.
Wilkinson ruled that Salt Lake City would suffer the greater harm if the board were allowed to vote Wednesday afternoon without Romero or go forward and seat Rees. He also concluded that it's in the best interest of the public if either the Utah Legislature or the court decides later whether the county or the city has the power to appoint Romero's replacement.
"At this point, feelings are running high and animosity is taking over for rational thinking. . . . I don't think the public has to go through all this," Wilkinson said.
The determination of both sides was evident in both the county's and attorney Alan Sullivan's challenge to Wilkinson's ruling. After Wilkinson ruled that neither Rees nor Smith had been qualified, Sullivan, attorney for anti-Pingree board members, stood up and disagreed.
"It is perfectly clear that someone has been qualified," Sullivan told the judge.
"I do not find that someone has been qualified," Wilkinson retorted.
Hyde then suggested to the judge that the county still has the authority to recall Romero, leaving a 13-member board. "We would have to evaluate your court order and see whether a recall is appropriate," he told Wilkinson after Wilkinson had ruled.
Kimball interrupted, "That sounds like an effort to get around the order the court just made."
The judge agreed, "I think he is. There's no question."
Then Wilkinson stunned the court room by saying that a recall of Romero would be up to the County Commission after just having ruled that Romero should remain on the board.
Despite the confusing conclusion, Salt Lake Mayor Deedee Cor-radini said she was pleased with Wilkinson's decision. The city does not believe the county has the legal power to recall Romero, she said.