Attorneys for both Salt Lake County Attorney Doug Short and former Hansen Planetarium director Charles Gibbs agree the threat of Gibbs' civil rights lawsuit is a leash around Short's neck.
What they don't agree on is whether Short should be controlled."It's kind of like a dog with rabies," said James McConkie, attorney for Gibbs. "You want to keep it on a leash."
But Short's attorney, Larry Jenkins, said it is unfair and unacceptable to keep him on a leash for doing his job.
After Gibbs settled his lawsuit for civil rights violations against Salt Lake County last week, McConkie offered to dismiss Gibbs' claim against Short specifically.
But Jenkins said they rejected the dismissal offer because McConkie insisted they dismiss the lawsuit without prejudice, which means Gibbs could decide to refile the suit anytime before the statute of limitations runs out (within the next 31/2 years).
"It gives Gibbs something to hold over (Short's) head," Jenkins said. "Basically, it keeps him on a leash."
And that's exactly where Gibbs wants Short, McConkie said.
"You have an unreliable public official, who's harassing our client, and we need to try and keep the peace," McConkie said.
Jenkins said the offer isn't really a dismissal at all, and implied that McConkie's representations at a press conference last week that Gibbs wanted to spare taxpayers the cost of a lawsuit were disingenuous.
"It really doesn't serve the interest of county taxpayers . . . because it really doesn't dismiss the claim," Jenkins said.
McConkie disagreed, calling their offer "an absolute dismissal."
Jenkins said they will not accept the offer, and will instead take the issue to a judge. Short's attorneys had already filed a motion to dismiss the lawsuit on other grounds.
Gibbs filed a lawsuit alleging his civil rights had been violated by a search at the planetarium led by Short on Aug. 23. Short impounded Gibbs' records and computer files by changing the lock on Gibbs' office at the county-run planetarium. Short said he was acting on allegations made by some planetarium employees that Gibbs and planetarium supervisors Julie Peck and Commissioner Brent Overson had violated county policies governing personnel, finances, competitive bidding and disposal of county property.
District Attorney Neal Gun-nar-son said he found no evidence of any criminal violations on the part of Gibbs and his bosses.
But a letter from Gunnarson to County Auditor Craig Sorensen says he thinks Short conducted an "unlawful search and seizure." When questioned about the letter, Gunnarson said he based that opinion on news reports.
In the wake of the "raid," lawsuits flew. The commission sued Short for allegedly abusing his power. Gibbs sued Short and the county for unlawful search and seizure and invasion of privacy.
On April 18, commissioners agreed to pay Gibbs $107,500 to drop the county as a co-defendant in his lawsuit against Short. Twelve days later, McConkie announced that Gibbs was satisfied with the county's settlement and would not pursue the case against Short.
Also as part of the settlement agreement, county officials are trying to find another county job for Gibbs, McConkie said.