Workman may sue county for legal fees
Lawyer says offer to pay only 15% is an insult
The former Salt Lake County mayor billed the county for $196,000 in attorney fees after her February trial and may now have no other option than to sue the county for the money, Workman's attorney Greg Skordas said.
A lawsuit likely will be filed within the next 30 days, Skordas added, after county officials offered to pay only about 15 percent of Workman's bill. That offer, which came about two weeks ago, was more of an insult than any real effort at negotiation, he said.
"It's unacceptable. We're just going to have to litigate the whole thing," Skordas said. "We made an offer, and they said, 'We reviewed the case and here's what it's worth, see you later.' There's been no dialogue."
Workman first made the request for reimbursement in April, asking for the full amount by April 15. But Skordas said the county asked for an extension and has not responded to offers to lessen the total bill by taking out costs for post-trial fees and preliminary attorney expenses.
But John Soltis, civil litigation director for the district attorney's office, said the county has reviewed the claim and is now waiting for a response from Workman to the county's lesser offer. The county came up with the roughly $30,000 offer after looking at attorney's fees for comparable court battles, he said.
A jury cleared Workman in February of two felony charges of misusing public funds in the hiring of two bookkeepers to help her daughter at the South Valley Boys and Girls Clubs. Workman hired private attorneys, Skordas said, with the understanding that the county would foot the bill in the end.
Although government employees charged with crimes are entitled to reimbursement under state statute, the Government Immunity Act could allow the county to wiggle off the hook. Under the law, governments are not liable if an employee commits fraud or willful misconduct.
Whether Workman falls into that category is still up for debate, Soltis said. Although she was acquitted criminally, the willful misconduct standard could still apply.
"That's something we'll address in greater detail following what the bottom line is going to be on that amount," he said.
That bottom line could be even greater than the original $196,000 if the reimbursement request goes to court, Skordas said. Workman would then be asking for the cost of any additional legal fees incurred while trying to collect the original money.
"We're not going to write anything off if we have to go through a lawsuit," he said. "They should have paid her fees, and she shouldn't have been charged in the first place. Now they're really on the hook. Now they have an ethical and legal obligation to pay her fees."
E-mail: estewart@desnews.com
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