Herriman mayor accused of misspending nearly $1,000 of city funds

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HERRIMAN — Herriman Mayor David Watts has been under fire for allegations that he misspent nearly $1,000 of city funds on travel expenses — an issue that was investigated by the Salt Lake County District Attorney's Office.

But according to a Nov. 15 letter sent to the city attorney of Herriman and obtained by KSL on Thursday, prosecutors declined to file criminal charges, expressing doubt that the evidence would prove any criminal intent at trial.

"We believe the nature of the claims and allegations involved can be addressed and probably resolved in a forum other than by means of a criminal charge in the criminal justice system," the letter states. "Finally, to the extent that we believe some of the facts tend to raise a reasonable doubt whether the mayor possessed a criminal intent when he purchased the airfare, we believe the interests of justice are not served by filing a criminal charge."

Yet despite waiting months, city officials say they haven't received reimbursement for the funds after first raising concerns about the issue about five months ago — and the City Council plans to issue an official letter of written reprimand for the mayor and demand that he repay the money at its next meeting scheduled for Dec. 12.

"It just needs to get resolved," Councilwoman Sherrie Ohrn told KSL Thursday, noting that about $950 that city officials determined Watts spent against city policy still hadn't been paid back.

"It's unfortunate it's had to drag out this long and has had such a negative impact on the mayor and the city," she said.

Ohrn added she wasn't surprised by prosecutors' decision not to file charges, noting she doesn't believe Watts "intended to be fraudulent."

"But regardless, what he did was wrong and needs to be corrected," she said. "From the get-go, that's what we've asked to have cleared up and for him to repay the funds, but for some reason that still has not been done."

Watts said in a prepared statement to the Deseret News Wednesday that he would be "issuing a response soon" regarding the issue, and was still reviewing the district attorney's findings regarding the investigation into him. He didn't respond to an additional request for comment Thursday.

"I was made aware of and given a copy of that finding only (Tuesday)," Watts said. "I am currently reviewing the information and will be issuing a response soon. The citizens of Herriman are entitled to transparency from their mayor, City Council, and their city staff. I look forward to being able to provide responses to their questions."

During its Nov. 14 work meeting, the council discussed concerns that have lingered for months about Watts' use of a city credit card during two trips to Washington, D.C., earlier this year — one on city business, and one for a separate government entity.

"Frankly, I've never seen a case this bad in terms of lack of documentation," Alan Rae, the city's finance director, told the council during the meeting, explaining that Watts' city credit card had 21 transactions during the two trips, but only two receipts were initially provided by the mayor.

Among those charges, about $950 were determined to have violated city policy, Rae told the council during a meeting in July.

Questionable charges included about $690 for a flight he purchased so he could fly back from city officials' annual visit with Utah's congressional delegation in Washington, D.C., earlier than originally planned. The flight included an overnight layover in Denver, where Watts stayed in a hotel "that seriously exceeded our per diem rate," Rae said.

The earlier flight was meant to get Watts home in time for a City Council vote, even though city officials had already made arrangements for Watts to participate by phone, according to Rae.

Charges also included a $50 purchase at a Grand Hyatt hotel with no documentation, and nearly $50 in Uber charges for a ride to the airport and from the Salt Lake City International Airport directly to Herriman City Hall, according to city minutes.

Watts' second trip to Washington, D.C., was to attend the American Mosquito Control Association's annual Washington conference, as a representative of the South Salt Lake Valley Mosquito Abatement District. But Rae said that trip wasn't considered Herriman business, so he questioned why the mayor used the city credit card for its travel expenses, including hotel costs and another earlier flight.

During the July council meeting, Watts acknowledged the issues and agreed to pay the city back.

"I'm happy to have a very open and public discussion about the use of public funds," the mayor said at the time. "It's public money. We should be held to a higher standard."

But nearly five months later, council members wonder why the issue hadn't yet been addressed. Council members expected Watts to attend their Nov. 14 meeting, but Watts sent an email the morning of the meeting saying he wouldn't be attending.

The email, read aloud in the meeting by Councilman Jared Henderson, stated Watts had obtained legal counsel, who had advised he not participate in any discussions regarding the issue until the "third-party review" of the issue had concluded, referencing the district attorney's investigation.

Prosecutors in their letter to Herriman's city attorney stated the mayor was "presumably" reimbursed by the mosquito abatement district for the plane ticket and the mayor may still have in his possession the unused return flight home, but it's "unclear" whether it has any monetary value. It also appears that the mayor received some refund for the return flight expense charged to Herriman, the district attorney's office wrote.

"It, therefore, remains questionable as to whether, and if so to what extent, the mayor personally benefited from his actions," the letter states.

But prosecutors also wrote that because a defense at trial could show the mayor "was on official business, that he did not take affirmative steps to hide or conceal the expense, and/or the mayor appears to have taken steps to mitigate the expense," the evidence would likely amount "to a reasonable doubt that the mayor acted with criminal intent when he purchased the return flight home."