Godfrey files for dismissal of case
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No Comments [ Add Comment ]By Scott Schwebke
Standard-Examiner staff
sschwebke@standard.net
O
GDEN -- Mayor Matthew Godfrey filed a motion in 2nd District Court on Thursday asking for dismissal of a lawsuit that seeks to remove him from November's general election.
City Attorney Gary Williams and City Recorder Cindi Mansell -- also named as defendants in the suit brought by community activist Dorothy Littrell and 58 other plaintiffs -- filed a separate motion for dismissal.
Williams declined to discuss the motion. Mansell and Littrell could not be reached for comment.
Judge Parley R. Baldwin is slated to hold a hearing Tuesday to hear the complaint and the dismissal motions from Godfrey, Williams and Mansell.
Godfrey said Thursday he's looking forward to having the complaint resolved in court.
"I'm anxious to get this behind us and move on to more substantive issues," he said.
Williams and Mansell's motion says the lawsuit is " frivolous" and should be dismissed because it has been filed for political purposes.
"Dorothy Littrell has been a long-time critic of Ogden City Mayor Matthew Godfrey and his administration," the suit says. "Rather than challenge Mayor Godfrey through the proper political process, Ms. Littrell has engaged in a personal campaign aimed to tarnish Mayor Godfrey's reputation and improperly influence the outcome of the election."
The timing of the suit is suspect, the motion says.
"The timing of the lawsuit, filed just weeks before the general election, coupled with the unsupported allegations therein, suggest that plaintiffs are more concerned with influencing the outcome of the election than ensuring that the law is properly enforced," says the motion.
The lawsuit contends Godfrey failed to register his personal campaign committee with the city and that Williams and Mansell refused to remove his name from the ballot.
Godfrey declined to comment on his motion to have the suit thrown out, but has said he complied with the city's election filing requirements.
The lawsuit asks the court to declare that Godfrey has violated city code because he has solicited, received and personally spent contributions without registering his personal campaign committee that uses the name "People to Re-Elect Matthew Godfrey."
In addition, the suit says, Mansell has failed to request an examination of all records related to Godfrey's campaign committee as required by municipal statute.
Neither the city's ordinances nor its financial statement form requires a candidate to disclose a name for a personal campaign committee, Williams said.
City Councilwoman Susan Van Hooser, who is running against Godfrey for mayor, and candidates for three city council seats also have not provided names for their personal campaign committees on financial disclosure forms filed with the city.
The motion filed by Williams and Mansell says Godfrey has "fully complied" with city ordinances.
Nevertheless, in September, Littrell filed a series of complaints with Mansell alleging the mayor had violated the statutes, the motion says.
"Mayor Godfrey responded to Ms. Littrell's complaints and demonstrated he was in compliance with the city ordinance," says the motion.
"Ms. Littrell's complaints were also reviewed by the city attorney, who found them to be entirely without merit."
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