SYRACUSE -- Embattled Syracuse Councilman D. Matthew Kimmel has resigned from the city council effective immediately to pursue a job out of state.
"Let it be known on this day (Feb. 9), I, David Matthew Kimmel, Syracuse city councilman, do hereby officially and voluntarily resign my seat, the remainder of my term, and any and all appointments that are derived therefrom effective immediately," Kimmel wrote in a letter submitted to City Manager Robert Rice.
Kimmel has two years remaining in his term of office.
"By reason, I have accepted an employment opportunity out of state, therefore, I will be moving with my family," Kimmel wrote in the letter.
"It has been my honor to serve the people of this, the city of Syracuse, by upholding my oath of office; to support, uphold, and defend the Constitution of Utah and the United States."
When contacted by the Standard-Examiner and informed the newspaper was writing an article on his resignation for today's edition, Kimmel said he was busy at work but was interested in talking and would return a phone call to the paper within a half-hour.
Kimmel failed to do so.
Attempts to later reach Kimmel for a comment were unsuccessful.
On Jan. 31 in 2nd District Court, the Davis County Attorney's Office filed a class A misdemeanor charge against Kimmel that alleges he used his position to secure privileges.
Kimmel's hearing is set for March 12.
Kimmel, serving his first four-year term in office, was removed from the North Davis Sewer District over an ethics question surrounding inside information he is accused of providing to a real estate agent on a $730,000 sewer district land purchase.
According to court documents, it was Kimmel's involvement in that land purchase and the claim he was to receive a $3,000 finder's fee from the transaction, before declining it, that resulted in the charges filed against him.
Syracuse Mayor Jamie Nagle said she is not surprised by Kimmel's resignation.
She said during a recent public meeting that a few Syracuse residents requested that Kimmel resign from the council or take temporary leave until the charges filed against him could be resolved.
Nagle declined any further comment other than to say, "We have got to fill the seat within 30 days."
The city has set a Feb. 21 deadline to receive letters of interest and resumes for a possible replacement.
The council is expected to conduct interviews with candidates and name a new council member at its Feb. 28 meeting.
Kimmel's departure from the council and the state does not change the status of the charges he faces in the Farmington court.
"It doesn't change the status of the case at all," said Davis County Attorney Troy Rawlings.
Kimmel has not been convicted and is "presumed to be innocent," so he is free to leave the state, Rawlings said.
He said Kimmel will still need to appear in court or make some type of arrangements through his legal counsel.
Councilwoman Karianne Lisonbee said she helped Kimmel "a bit" in getting elected to the council and that it will be interesting to see who the council appoints replace him.
She said she believes the current elected leaders will be able to work with whomever is selected to replace Kimmel.
Lisonbee said Kimmel's acceptance of the job promotion out of state should present some fun and exciting opportunities for his family.
"I'm glad for him and that opportunity," she said.
In a May 6 Standard-Examiner article, Kimmel said he stayed completely out of the real estate deal for which he is facing the misdemeanor charge.
Because the real estate agent was going to be paying Kimmel a business referral fee, he said, he recused himself from the sewer board vote that approved the real estate transaction.
The property purchase was voted on by the board at its April 21 meeting.
Kimmel said in the May 6 article, before the county attorney's office completed its investigation, that he would decline the finder's fee if it violated any criminal or ethical statute.
"Ethically or legally, I want to walk the line," he said. "I can understand how (accepting the fee) would look bad to anybody."
Standard-Examiner correspondent Antone Clark contributed to this article.
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