A former nanny of Yvette Donosso Diaz, acting executive director of Community and Culture, says she was undocumented when she worked for the Diaz family and was paid under the table.
Andreina Perez claims Diaz knew her immigration status was in question and never provided her with a W-2 tax form. The allegations are made in a letter from her attorney dated Thursday and faxed to Diaz, Gov. Jon Huntsman Jr.'s office and Department of Public Safety Deputy Director Dan Fallows, whose department checks backgrounds of governor appointees.
Huntsman spokesman Michael Mower said Friday that the Governor's Office is reviewing the allegations, but as of Friday, there were no plans to remove Diaz from the list of some 47 appointment recommendations to be sent to the Senate.
"She has worked very well in this position," Mower said. "We are confident she'll be confirmed by the Senate and continue to serve the great state of Utah."
Mower said Diaz responded promptly when allegations first surfaced earlier this month that she had hired an undocumented nanny, by providing the governor's office with a copy of Perez's Social Security card and a Resident Alien card that expires in 2007.
In a March 21 letter to Mower, Diaz said she had paid taxes for Perez in 2003 and planned to pay taxes for her 2004 employment.
"There have been allegations made; she answered them all," he said. "At this point, we're moving forward with the confirmation process."
Diaz said Perez worked for her family from January 2003 to August 2004, when Diaz said Perez was fired for physically disciplining her son.
"That is false," Diaz said of the allegations. "We've done everything by the book."
Tracie Cayford, spokeswoman for the Community and Culture department, said Diaz is "disappointed and shocked" that people with an agenda are apparently trying to destroy her. Cayford found it strange that the media received the letter Friday morning before Diaz did.
Sen. Al Mansell, R-Sandy, who would make a decision about a possible Senate hearing as chairman of the Workforce Services and Community and Economic Development Confirmation Committee, was unavailable for comment Friday.
Ric Cantrell, assistant to the Senate majority, said, "My sense is that the Senate has confidence in the Governor's Office and Yvette Diaz. The senators will take appropriate action if it becomes apparent it's warranted."
Perez's attorney, Jeremy Evans, said Perez's side of the story should be heard.
Perez "feels she was taken advantage of because of her undocumented status," Evans said. "She feels like she wasn't consulted by the governor's office. . . . She hopes they'll be eager to re-evaluate the situation."
In the letter, Evans says that Diaz was aware that Perez was not documented and had discussed her status with her.
"Our client is sure that if she really were a documented worker, Diaz would have timely provided her with W-2 forms," Evans wrote.
Evans said Perez was not fired by Diaz but chose to leave employment because the family took advantage of her undocumented status in the manner in which they treated her. The letter also says Diaz had other undocumented immigrants employed during Perez's tenure.
E-mail: dbulkeley@desnews.com