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Utah’s colleges raise tuition without getting much scrutiny from the board that’s supposed to supervise them, critical audit says

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The board that oversees tuition hikes at Utah colleges regularly approves them with little or no scrutiny — never rejecting a proposed increase, rarely asking questions about requests and failing to significantly analyze how the additional money will be spent, according to a scathing state audit released Monday.

That “superficial review,” the new report from the Office of the Legislative Auditor General says, has meant that students at the state’s eight public universities have collectively footed $131.7 million in tuition increases over the past five years.

“We’re calling for analysis to show where that need is,” said Kade Minchey, audit manager. “Our concern is that tuition has been increased with minimal independent analysis to support the increases.”

Each spring, the Utah Board of Regents approves a uniform percentage increase for all the colleges in its system. This “tier one” increase — 1.5 percent this year, 2.5 percent the year before — covers inflation and staff compensation.

Individual universities can then lobby for an extra “tier two” increase to include more expenses, such as the construction of a new stadium or hiring more faculty. (The University of Utah, for example, asked for and received the largest additional increase for the 2018-2019 school year, raking in $7.6 million on top of the first tier.)

The board receives recommendations for both tiers from the commissioner of higher education, compiled by staff who meet privately with the universities and provide no public minutes of what was said behind doors. The regents then give the green light to those, the audit concludes, without much discussion, debate or examination of where the funds will be used. And it has never denied a request.

This creates a process that is largely unfettered and essentially allows schools to raise tuition with few checks or limitations, Minchey said.

The audit puts it this way: “When asked what kind of vetting is conducted on the institutions’ tuition requests, a member of senior management told us that commissioner staff perform no independent analysis, either on the reasonableness of the requests, or the accuracy of the numbers provided by the institutions prior to the Board of Regents’ approval.”

In response, the Utah Board of Regents acknowledged its shortcomings and announced plans Monday to restructure its system for approving hikes. Starting this coming spring, there will no longer be tiered increases or uniform rates across all schools. Instead, each university will be required to present a individualized request for a tuition change during a public hearing.

Board members will listen to the proposals, review them and then approve a percentage increase they deem appropriate for each institution.

“We’re very concerned about keeping tuition affordable,” said Harris Simmons, chair of the Board of Regents, during a report on the state’s findings Monday at the Capitol.

The Legislative Audit Subcommittee spent a grueling 90 minutes going over the report with members expressing disappointment in the Board of Regents, concern about the lack of review of tuition and fear that the changes won’t come soon enough. They, too, grilled Simmons, as well as David Buhler, Utah’s commissioner of higher education, for not being more transparent.

“I’ve seen a lot of audits in my time here, and this is one of the worst,” said Rep. Brad Wilson, R-Kaysville. “This system has raised tuition to the highest degree possible.”

“We can’t have the kind of slack that this audit has exposed,” added Rep. Brian King, D-Salt Lake City.

“I want to reject the notion that because we have low tuition that the tuition increases we see are OK,” noted House Speaker Greg Hughes, who co-chairs the subcommittee.

Utah’s public colleges, which do have some of the lowest tuition rates in the nation, are unique in that, unlike other with state jobs, the Legislature designates only 75 percent of the funds needed to pay for annual compensation increases rather than the full 100 percent. The purpose of tier one tuition hikes is to cover the rest.

But the annual uniform increase is determined by the institution that would require the largest percentage to close the gap. And that amount is then applied to all universities under the Board of Regents’ oversight.

This year, Snow College set the bar with a need for a 1.5 percent increase. That means the seven other schools received more than needed to match (including Southern Utah University, which needed only 1 percent). The audit found that resulted in an extra $3 million spent this year.

The subcommittee questioned where that money has gone and why the increase is uniform instead of just fitting to the need. They also criticized that the tier one percentage is sometimes increased still beyond that by an advisory group made up of the college’s presidents — which does not hold public meetings.

Overall, it’s amounted to $65.6 million over the past five years beyond what was needed to cover the 25 percent not included in the Legislature’s funding. King said that’s hard to justify.

“When you have increases that far exceed the need, it appears to me that there’s cost shifting to the students,” the representative noted.

Wilson added that he was baffled by the lack of discussion over the increases. When the Legislature increases taxes, he said, there’s “hearing after hearing. We analyze the data. We argue about it. We debate it.” The Regents, he said, are “basically raising taxes for students” and not spending any substantial time weighing the proposals. It’s just a rubber stamp.

The Regents also approved an additional $30.5 million over the past five years with tier two tuition increases. The majority of that went to the University of Utah, which has collected $18.65 million during that time and has the highest public tuition in the state.

The audit says the Board of Regents did nothing to verify at any point what the U. would use that money on or to analyze if it was necessary.

For the 2014-2015 school year, the school’s tuition was $6,889 annually. By 2018-2019, the end of the five-year period the audit covered, it was $7,997.

U. spokesman Chris Nelson said the university looks forward “to reviewing the findings and working closely with the Board of Regents moving forward on any changes that may be needed.”

Buhler defended the process, in part, and said the money goes to additional compensations, faculty promotions and student aid. He also said the Board of Regents began its own evaluation of its policies last year and will have the audit’s recommendations — including the public hearings — in place within six months.

“We are revising those in a very robust way,” he said. “We agree that good data is critical to good decisions.”


They pointed fingers and demanded apologies. Here’s what you might have missed in the Mia Love and Ben McAdams debate.

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Like their hard-hitting negative TV ads in recent weeks, GOP Rep. Mia Love and Democrat Ben McAdams came out throwing punches, jabs and attempted haymakers Monday in their one and only debate.

Consider a sequence that started when Love was asked if any federal action could have made life easier for her back when she was mayor of Saratoga Springs.

She sidestepped the question to say, “We didn’t take developments like Olympia Hills and shove it down people’s throats without anybody knowing what was going on. We didn’t take over $10,000 from developers who wanted to build over 9,000 new housing units” with high density near Herriman, saying McAdams did that.

McAdams, the mayor of Salt Lake County, countered that when he heard public outcry about that development after the County Council approved it, “I did something that I never heard Rep. Love do: I held a town hall meeting.” Then after hearing protests, “I vetoed that proposal.”

Love does not hold traditional town halls open to all comers, but she has held 85 small group and open office meetings. “Mayor McAdams may not have gotten the notice, probably because he doesn’t live in the district. He lives in the 2nd District,” she said.

Later, when Love was permitted to ask McAdams any question, she asked for whom he would vote for Congress — again to show that he does not live in the 4th District. He avoided her question, but said much of the 4th District is in Salt Lake County where he serves, “and I travel every corner of this county ... and Rep. Love is absent” in that part of the district.

The debate at Salt Lake Community College’s Miller Campus in Sandy saw Love try to tie McAdams to House Minority Leader Nancy Pelosi, McAdams try to attach Love to President Donald Trump — plus jousting over whether some fundraising by Love was illegal, and battles over what their stands really are on a variety of issues.

Fundraising questions

In her closing statement, Love said the Federal Election Commission called her unsolicited on Monday to tell her she had not broken any laws by raising $1 million for a primary election that was never held. The FEC earlier wrote her, advising she would have to return or reallocate that money, which she said she raised legally.

She said she was told “that my campaign was legally allowed to raise primary-election contributions and that we may retain all primary-election contributions that we received before” the state GOP convention that nominated her to avoid a primary.

She charged that McAdams “knew full well that no illegal fundraising had taken place. ... I am asking McAdams to hold himself accountable by acknowledging and apologizing for his false commercial and mailers [attacking that fundraising]. My family and the voters deserve an apology.”

Adams countered that no official letter has yet been posted about the matter by the FEC, so he is unsure what the agency has said. But he noted that Love raised more than $300,000 for the primary after she already became the GOP nominee, “and that was a violation” of federal law.

Trump vs. Pelosi

McAdams continually attacked Love for voting “97.5 percent of the time” with Donald Trump. Love attacked McAdams for being part of the “party of Nancy Pelosi.”

“We are seeing a partisan agenda being forwarded by Rep. Love to the detriment of the people of Utah. I want people to see that I am somebody who will put Utah first,” McAdams said — charging that Love takes money from big Pharma, then votes to cut health care, and from big oil and then votes in ways that hurt air pollution.

Love countered she is the only member of the all-GOP Utah congressional delegation who has stood up to Trump on occasion — such as criticizing some of his statements about immigrants (her parents are immigrants). She said she also works with him when he is right, such as helping Utahn Joshua Holt be freed from Venezuela.

As an example of Love trying to tie McAdams to Pelosi, she noted that the Affordable Care Act, or Obamacare, was enacted as “Nancy Pelosi, the party of Ben McAdams and Democrats said they had to pass it before they knew what was in it.” She added, “My opponent may be naïve and say he’s not going to vote for Nancy Pelosi,” but if Democrats gain control of the House “Nancy Pelosi will be speaker of the House.”

Social Security, Medicare

McAdams attacked Love for what he said was voting to cut Social Security and Medicaid, including raising the retirement age. “We must preserve promises made to the older generation,” he said.

Love said she made no such votes — and challenged McAdams to come up with specifics, which he vowed to do later. She said his charges are “typical, unfounded scare tactics that we see used over and over again by national Democrats.”

She said reforms are needed to save Medicare and Social Security, so she said that proposals by McAdams to leave them relatively untouched would bankrupt them.

Tax reform, debt

McAdams attacked Love for what he said are adding to a $1.3 trillion national debt that he said is now shocking — while he said he has worked hard to achieve balanced budgets every year as mayor.

He said Love signed a pledge before her first election vowing never to vote to add to the national debt. “That promise has been broken,” he said.

Love said what McAdams was actually criticizing was her votes for Republican tax reform. “I would rather give people more funds so that we can grow the economy,” while she charged that McAdams had raised taxes every year as mayor.

McAdams said instead that he has “lowered the tax rate every year.”

While that is technically true, tax hikes as defined by state law occurred some years that he was mayor — including when he declined to lower taxes after some bonds were retired. But taxes did not increase every year, as Love charged.

About the harsh tone of the debate, McAdams said, “Campaigns are about disagreements. We highlighted the disagreements.” But Love complained that McAdams tried to “come after and try to destroy a fellow American in pursuit of political power,” or her, with his attacks.

The Jazz pulverized the Kings in their preseason finale, but the opener at Sacramento will be a different deal

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If there’s any outside concern that the success the Jazz had in last Thursday’s preseason finale vs. the Kings will engender a sense of complacency or false confidence heading into this Wednesday’s regular-season opener in Sacramento, no one in the organization seems to share it.

“Both teams will be different,” said coach Quin Snyder. “Really, it’s an easy demarcation.”

So, then, forget about the Jazz shooting 60 percent from the field, thanks in part to so thoroughly getting the Kings’ heads’ spinning on defense that Utah racked up 14 dunks, including seven alley-oops.

Forget about all those wide-open corner 3s, which paved the way for hitting 14 shots from deep and converting them at a 46.7-percent clip.

And forget about Utah’s defense thoroughly and completely crushing Sacramento’s spirits by forcing a 4-for-27 shooting performance in the first 12 minutes of action.

The Jazz know that none of that matters now, and it’s best not to even think of it.

“We have to forget about that game. That was a preseason game. Now we’re getting ready for the regular season, where we’re playing them for real now,” said veteran big man Derrick Favors. “So we have to go out there with the right mentality, know that they’re gonna come out ready — it’s their home opener, so they’re gonna come out with a lot of energy. We just have to be mentally strong to withstand that first quarter. Make sure we’re solid defensively, make sure we run through our sets offensively, share the ball, play the way we want.”

In the days leading up to Wednesday’s rematch at the Golden 1 center, Jazz players have maintained that the most important tweaks they make actually have little to do with the X’s and O’s.

Instead, it’s all about getting into the proper frame of mind, of realizing that the time for test runs and consequence-free experimentation with lineups and schemes is over, that there’s a switch that needs to be flipped.

Quite simply, Rudy Gobert said, the team must channel the intensity it played with during last year’s 29-6 stretch run and be prepared to utilize that from the outset this time.

“Earlier in the preseason, it was a little easygoing. We felt like everything was going to be easy,” he said. “The thing that got us [to the playoffs] last year was the mindset. We played like it was our last chance, every game. And we need to start that way from the beginning.”

He acknowledged that maintaining such fever-pitch intensity is exceedingly difficult, considering, “You play this first game, and then you’ve got 81 more. It’s a long season.”

That said, he added, the challenge will always entail guarding against complacency.

“Human nature is, once you win 10, once you win 12, you tend to relax,” he said. “The goal is to keep your mind ready and remember that it’s a long season and every game matters.”

Which brings us back to Sacramento.

While Snyder allowed that he was “happy” with the preseason finale, because “there were things we did better [in that game] than we’d done them in the past,” he wasn’t about to gush over it.

“It’s still preseason,” he noted.

Veteran guard Alec Burks, meanwhile, said he was only taking two things away from last Thursday’s contest: learning from the mistakes made, while trying to bring the same energy this time around.

Favors reiterated that, regardless of whatever led to the Jazz’s 132-93 blowout victory, that’s not nothing to do with anything now.

“You gotta realize it was a preseason game,” he said. “I don’t know what they had going on over there, but [in] preseason, guys are still trying to find their rhythm, still trying to connect with the team. But going into the season, we got to get it started right. We gotta throw that game away and get ready for the real thing. We just gotta be prepared and ready.”

Salt Lake City’s iconic New Yorker Restaurant has closed for good

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When the New Yorker first opened in 1978, it oozed "cool,” thanks to its speak-easy location, elegant food and exclusive private club status.

“It’s where you would go and have martinis with lunch," said Tamara Gibo, “and get the kind of food you would read about in magazines.”

On Monday, though, the 40-year-old New Yorker closed for good, dealing Utah’s restaurant community a surprising blow.

“It’s heartbreaking," said Gibo, who co-owns Takashi and Post Office Place just up the street. “It’s where the innovators of Salt Lake City would eat."

The last day of service at 60 W. Market St., in the heart of downtown Salt Lake City, was Saturday, said Catherine Burns, human resource director for the restaurant’s owner, Gastronomy Inc. The 30-member staff got the news Monday, and the news spread quickly among diners.

The company is offering jobs to anyone who wants one at its Market Street Grill locations in downtown, Cottonwood Heights and South Jordan.

“It’s a sad day for all of us," said Burns, who worked as a server, host and cocktail waitress at the New Yorker shortly after it opened. “The New Yorker set the stage for fine dining in Salt Lake City."

Burns said there was no single factor that forced the closure only “that times and dining tastes change.”

The final blow, however, may have come in September, when the Salt Lake County Health Department announced that as many as 650 customers who consumed food or beverages at the New Yorker Restaurant between July 25 and Aug. 15 may have been exposed to the hepatitis A virus.

During that time period, an employee worked while infected and potentially handled certain food or beverage items, the department said in a news release. The agency believes this case is linked to the ongoing hepatitis A outbreak Salt Lake County has been experiencing since mid-2017.

Tom Sieg and business partner John Williams opened the New Yorker in the basement of the New York Hotel. They brought Tom Guinney into the fold in 1980. Eventually, the three formed Gastronomy Inc. Guinney is the last survivor of the founding trio. Sieg died in 2008, and Williams was killed in a house fire in 2016.

The Williams estate owns the New Yorker space, Burns said, so any future plans for the building were unclear.

As its name suggests, the New Yorker reflected a classic 1940s art deco elegance, with a stained-glass ceiling and luxurious banquettes, elements that originated from the historic Hotel Utah.

While there were three partners, the New Yorker was Sieg’s baby. He had his own chair at the bar. He knew everybody, and everybody knew him.

Will Pliler was the restaurant’s culinary stalwart, joining the staff during its first year and serving as executive chef since 1984. Through the years, he won numerous awards for his food, always working on new dishes and keeping the menu current, said Melva Sine, president of the Utah Restaurant Association.

In fact, Pliler was the restaurant association’s 2018 Chef of the Year.

“It was Utah’s most unique fine-dining establishment,” Sine said. “It will be a sad loss for fine dining in Utah.”

In its heyday as a private club, Salt Lake City Mayor Deedee Corradini was a regular as were those who attended the Utah Symphony, the Utah Opera and plays at the Capitol Theatre. Even the legendary Luciano Pavarotti ate there after a performance.

“It was so packed,” Burns recalled. “It was the place to go for a lunch. It was the place to go after work for cocktails."

For many of those power brokers, however, the New Yorker lost some of luster when Utah did away with private club membership.

Through the years, Pliler tried to recapture the midday crowd with specially priced lunches, but ultimately the restaurant opened only for dinner.

“For many years, when it was a private club, the clientele was exclusive. You had to be a member — or know one — to get in,” said Utah chef Dave Prows, who worked for Gastronomy early in his career.

"I hate to see a place with a great tradition close,” he added. “The New Yorker had that.”

Packers rally to beat 49ers 33-30 on field goal as time expires

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Green Bay, Wis. • A pick, a beneficial penalty and a game-winning kick.

Quite a final minute for the Green Bay Packers.

Mason Crosby kicked a 27-yard field goal as time expired to cap an 81-yard drive set up by Kevin King’s interception with 1:07 left, and the Packers outlasted the San Francisco 49ers for a 33-30 win on Monday night.

The final drive was extended after 49ers cornerback Richard Sherman was flagged for illegal contact on third-and-15 that wiped out a sack of Aaron Rodgers with 43 seconds left.

Rodgers rushed up the middle for a 21-yard gain on the next play. The two-time NFL MVP completed two more passes for 19 yards to set up Crosby’s game-winner for Green Bay (3-2-1).

The veteran kicker was perfect a week after missing four field goals in a loss at Detroit.

“It’s very appropriate, what he went through last week, (for) the team to stick with him,” Rodgers said. “And then he responded.”

Rodgers threw for 425 yards and two scores, both to Adams. The second came with 1:55 left from 16 yards to tie the score at 30.

C.J. Beathard passed for 245 yards and two long touchdowns to speedy receiver Marquise Goodwin for the 49ers (1-5).

For a while it looked like the 49ers might hold on for their first victory since quarterback Jimmy Garoppolo was lost for the year in Week 3 with a torn ACL.

Turnovers hurt them again — three more on Monday night, but none bigger than King’s pick at the Packers 10.

“Very disappointed. We had a chance to win that game,” coach Kyle Shanahan said. “It hurts.”

The second-year cornerback was locked in 1-on-1 coverage with Goodwin, who had burned the secondary all night. This time, King kept up and pulled in a ball that looked slightly underthrown by Beathard.

Then Rodgers went to work, aided by the penalty on Sherman, who was covering Davante Adams.

Rodgers was 25 of 46. Adams had 10 catches for 132 yards, one of three Packers receivers to go over 100 yards.

The Packers scored 10 points in the final 2 minutes, capped by Crosby’s fourth field goal of the night.

“This week was a grind, it was one of the tougher weeks of my career,” Crosby said about bouncing back from his awful game last week.

It’s just what the Packers needed going into their bye week.

The late flurry overshadowed another troubling start by the defense.

The Packers had 17-7 lead when Rodgers connected with Davante Adams for a 9-yard touchdown with 1:58 left in the first quarter.

Then San Francisco just brushed past Green Bay.

Beathard connected with Goodwin for the 67-yard score down the middle of the field on the ensuing series.

The 30-yard score came with 6:05 left in the second. Goodwin celebrated by mimicking a long jump in the end zone.

He finished with four catches for 126 yards. Beathard was 16 of 23.

San Francisco also got more pressure after the first quarter, forcing the Packers into more third-and-long situations.

Rodgers figured out the Niners in the end.

“We had every opportunity to finish and win that game and we didn’t get it done,” Shanahan said.

KEY PLAY

The 49ers looked like they were in good shape after Adams’ second touchdown, starting their series at their own 47 with 1:55 left after a 32-yard return by Richie James Jr., and a 15-yard unnecessary roughness penalty on Tony Brown.

But on third-and-3 from the Packers 46, Beathard unloaded under pressure.

“It wasn’t really what we wanted. The all-out blitz stuff, we had to get rid of it,” Shanahan said. There (are) four options on the play, but that wasn’t the one we wanted.”

King picked a nice time for his first career interception.

“I’ve just got to stay the course, keep doing your job, keep it going, and those types of plays are going to come,” King said.

NO TAKEAWAYS

Another game without a takeaway for the Niners dropped them to an NFL-worst minus-11 in turnover differential. The defense has generated a league-low three takeaways coming into the night, which had been the fewest total for the franchise after five games since 1977.

QUOTABLE

“It doesn’t matter if you agree with the call. It’s not like, ‘Oh, I didn’t agree with the call, they’re going to pick it up.’ They called it. I’ve got to find a way to do better.” — Sherman on the illegal contact penalty.

ANTHEM

Goodwin appeared to be the only player on either team with an apparent sign of protest during the national anthem, raising a right first in the air.

UP NEXT

49ers: Host the unbeaten Los Angeles Rams on Sunday.

Packers: After a bye week, Green Bay visits the Rams on Oct. 28.

———

More AP NFL: https://apnews.com/tag/NFL and https://twitter.com/AP—NFL

A reformed Hildale has its first prep sports star — a 6-foot 8-inch cross-country runner named Jeffs

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James Jeffs helped build his high school. That’s not a metaphor.

When he was 10 or 11 years old, he was sent to work with other members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints in construction of a bishops’ storehouse in Hildale. The storehouse was later sold to the Washington County School District and converted to Water Canyon High School.

Now 18, out of the FLDS and a senior at Water Canyon, Jeffs is helping transform Hildale in a way only teenagers can — through high school sports.

“The coach is always saying, ‘Represent the school,’” Jeffs said, “and, for the most part, the high school represents the town.”

Jeffs and other Water Canyon runners will compete Wednesday at the Utah State High School Activities Association state cross-country meet at Sugar House Park in Salt Lake City. Jeffs, running in the 1A division, finished 18th at last year’s competition and hopes for a top-10 finish Wednesday.

  • <b>UHSAA State Cross Country Meet</b>
  • Wednesday in Sugar House Park, 1330 E. 2100 South in Salt Lake City. The parking lot is accessed from 1700 East.&nbsp;
  • 1A girls run at 10 a.m.; 2A girls, 10:30 a.m.; 3A girls, 11 a.m.; 1A boys, 11:30 a.m.; 2A boys, noon; 3A boys, 12:30 p.m.; 4A girls, 1 p.m.; 5A girls, 1:30 p.m.; 6A girls, 2 p.m.; 4A boys, 2:30 p.m.; 5A boys, 3 p.m.; 6A boys, 3:30 p.m.&nbsp;
  • Awards will be presented as quickly as possible after the finish of each race. The presentations will be on the west side of the track at the Highland High School stadium next to the park.&nbsp;

Jeffs, who at 6 feet 8 inches tall also plans to play center on Water Canyon’s boys' basketball team later this fall and wants to run track in the spring, can lay claim to being the first prep sports star in the remade Hildale. Earlier this year, residents pitched in to send him to Australia to compete and train.

If some voters have it their way, Water Canyon will make more high school athletes. The school district is asking voters to approve a $125 million bond to finance school and facilities construction across Washington County. At Water Canyon, the bond would finance construction of a new track and baseball and softball diamonds in 2021. The district is emphasizing the bond would not boost tax rates; it would replace existing bonds when they are paid off.

Hildale was once run by FLDS members loyal to the faith’s president, Warren Jeffs. The town has gotten more secular in recent years with two jury verdicts allowing federal judges to impose changes, as well as a municipal election last year when voters elected a mayor and three City Council members who are not Jeffs followers. The Washington County School District opened Water Canyon as a kindergarten through 12th grade school in 2014 — the first public school in Hildale in a decade.

Hildale City Councilman Lawrence Barlow compares high school sports to a beer brewery that recently opened in adjacent Colorado City, Ariz. They both show, Barlow said, that Hildale and Colorado City are not as standoffish as they once were and can be “venues of healing” for the community.

Barlow said he’s also seen sports make a difference in his family. One of his daughters ran on Water Canyon’s track team. Another daughter was on the wrestling team.

“I know it’s done a lot for them," Barlow said, “to boost their confidence and interact and cope with everyday life.”

(Photo courtesy Dale Jeffs family) James Jeffs poses in Mancos, Colo., circa 2011, when he was about 11 years old. James was born into the Fundamentalist Church of Jesus Christ of Latter-day Saints, but his family exited the church.
(Photo courtesy Dale Jeffs family) James Jeffs poses in Mancos, Colo., circa 2011, when he was about 11 years old. James was born into the Fundamentalist Church of Jesus Christ of Latter-day Saints, but his family exited the church.(Photo courtesy Lisa Jeffs) James Jeffs, left, and his father, Dale Jeffs, sit at Los Angeles International Airport on June 26, 2018. The pair then flew to Vancouver, British Columbia, and then to Australia, where James Jeffs competed in cross country meets in Gold Coast through a program called Down Under Sports. Residents of Hildale, Utah, and Colorado City, Ariz., pitched in to raise money for James Jeffs to attend and for his father to go as his chaperone.
(Photo courtesy Lisa Jeffs) James Jeffs, left, and his father, Dale Jeffs, sit at Los Angeles International Airport on June 26, 2018. The pair then flew to Vancouver, British Columbia, and then to Australia, where James Jeffs competed in cross country meets in Gold Coast through a program called Down Under Sports. Residents of Hildale, Utah, and Colorado City, Ariz., pitched in to raise money for James Jeffs to attend and for his father to go as his chaperone.

James Jeffs’ family was once loyal to his uncle Warren Jeffs, too. James Jeffs, who says he falls somewhere in the middle among his father’s 16 children, said the family was moved through the years to FLDS homes in Colorado and in South Dakota.

“Those are stressful times,” James Jeffs said Friday in a telephone interview.

He was reluctant to say much about his family’s time in the FLDS but volunteered that when the bishops' storehouse that became his school was under construction in 2010, he was sent there to sweep the floors and carry lightweight supplies and equipment.

In 2011, Warren Jeffs was convicted of crimes related to sexually assaulting two girls he married as plural wives in Texas. He is serving a sentence of life plus 20 years in prison.

FILE - In this Nov. 15, 2010 file photo, Warren Jeffs sits in the Third District Court in Salt Lake City. Multiple people were charged with food stamp fraud and money laundering, including Lyle Jeffs and Seth Jeffs, top-ranking leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints and brothers of imprisoned sect leader Warren Jeffs. (Trent Nelson/The Salt Lake Tribune via AP, Pool, File)
FILE - In this Nov. 15, 2010 file photo, Warren Jeffs sits in the Third District Court in Salt Lake City. Multiple people were charged with food stamp fraud and money laundering, including Lyle Jeffs and Seth Jeffs, top-ranking leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints and brothers of imprisoned sect leader Warren Jeffs. (Trent Nelson/The Salt Lake Tribune via AP, Pool, File) (Trent Nelson/)

Then, in mid-June 2012, James Jeffs’ father, Dale Jeffs, a half-brother to the imprisoned president, received a message from the then-FLDS bishop. Warren Jeffs had a revelation, the bishop said, that Dale Jeffs and two of his three wives had committed a number of sins. The purported sins, Dale Jeffs said Friday in a phone interview, were similar to what other evicted FLDS men have reported over the years — Warren accused him of murdering unborn children, having evil in his heart and being immoral, among other vague transgressions. (Dale Jeffs said all the accusations were lies.)

Dale Jeffs and the two wives were told to leave Hildale and not speak to other family members. The three of them settled 300 miles away in Heber City. The children were left in the care of one of Dale Jeffs’ oldest daughters.

It took Dale Jeffs and his wives about seven months to process what had happened and realize they needed to return to Hildale to care for their children and stop them from following his half-brother.

That suited James Jeffs.

“When we left," he said, “things were starting to get to the point that I actually did want to get out.”

(Photo courtesy Down Under Sports)  James Jeffs, center foreground, runs in a cross country meet in Gold Coast, Australia, in late June or early July 2018, before his senior year at Water Canyon High School in Hildale, Utah. Residents of Hildale and the adjoining community raised money to help send Jeffs and his father to Australia.
(Photo courtesy Down Under Sports) James Jeffs, center foreground, runs in a cross country meet in Gold Coast, Australia, in late June or early July 2018, before his senior year at Water Canyon High School in Hildale, Utah. Residents of Hildale and the adjoining community raised money to help send Jeffs and his father to Australia.

James Jeffs enrolled in Water Canyon in 2015. An older brother had joined the cross-country team and invited James to practice. He had played basketball among his family but had no experience running competitively.

Runners race 3 miles in cross-country meets. James Jeffs said he was asked to run about 2.5 miles in that first practice.

“I stopped and walked some of the way,” he said. “It wasn’t until about two or three practices later I went the full distances without walking.”

The teen steadily improved his times and, by the end of that first season, was Water Canyon’s fastest runner.

He might be Utah’s tallest cross-country runner, though James Jeffs said he doesn’t perceive that he trains or races differently than those with shorter strides. He still has to strategize, deciding how to pace himself based on his competition and how many hills are on the course.

Dale Jeffs grew up along the Wasatch Front and one of his brothers ran track at Jordan High School in Sandy. But, Dale Jeffs said, children raised in the FLDS and its earlier incarnations mostly played their sports within families.

“We didn’t get out with the public that much,” he said.

After James Jeffs qualified for last year’s state meet, Hildale took notice. When a program called Down Under Sports invited him to Gold Coast, Australia, to train with and race against other U.S. teens, his family, friends and the community were ready to help him.

In a town where the household income is 69 percent of the state’s median and two out of every five residents live below poverty, according to data from the U.S. Census Bureau, Hildale residents and other supporters amassed $9,400 for James Jeffs to go to Australia and Dale Jeffs to go as his chaperone. The trip was James Jeffs’ first flight on an airplane and the first time seeing the ocean.

Dale Jeffs said other Hildale residents stop him and ask him how James’ season is going.

Sports in Hildale, the father said, “has been a good thing. It occupies [the students] and keeps them busy.”

(Photo courtesy Dale Jeffs family)  James Jeffs, back row center, poses with his Water Canyon High School cross country teammates Oct. 9, 2018, in Hildale, Utah. Jeffs, who is 6 feet 8 inches tall, and his teammates have qualified for Utah's state cross country meet.
(Photo courtesy Dale Jeffs family) James Jeffs, back row center, poses with his Water Canyon High School cross country teammates Oct. 9, 2018, in Hildale, Utah. Jeffs, who is 6 feet 8 inches tall, and his teammates have qualified for Utah's state cross country meet.

James Jeffs said he would like to go to college to study engineering. He would like to play collegiate sports, too, but has not been recruited.

“I try to think of myself as just another 18-year-old,” he said.

On Friday, James Jeffs didn’t know how he would vote on the bond Nov. 6. By Monday, he decided he is in favor of the measure. Like a runner planning his race strategy, James Jeffs needed to do his homework and think before deciding a plan of action.

Letter: An economic miracle worker. Really?

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President Donald Trump continues to tout his economic brilliance in making America great, including the passage of his signature tax bill. Not to worry; the CBO in April noted it would balloon the federal deficit to $1 trillion in 2019 and the nation’s debt in the next 10 years from $21 trillion to $31 trillion.

Excluding corporations who made out the most while needing such an unreasonable tax decrease the least, who were the biggest winners when it comes to the personal income tax rate? One example equally applicable to other filing categories is all this space allows.

Comparing the rate for two single taxpayers with taxable incomes of $70,000 and $500,000, respectively. The former ends up with a savings of $2,000 while the more wealthy one pockets $13,000. Did we really need to bust the budget to benefit the already super wealthy?

Oh and, by the way, when Trump continues to brag about being primarily responsible for the current low unemployment rate, that rate of 3.7 percent has been dropping steadily since a high of 9.8 percent in 2010, with over 80 percent of the decline occurring during the Obama administration.

Raymond A. Hult, Bountiful

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Letter: Is Putin the enemy of Trump supporters’ enemy?

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It has been reported recently that some Trump supporters appear to be little concerned with the role that Russia may or may not have played in influencing the 2016 presidential election. This apparent lack of concern has been perplexing to many political observers given the America First rhetoric and the emphasis on patriotism and defending our borders against foreign intrusions that Trump supporters promulgate.

When we consider the forces that were at play at the time of the election, two dynamics come to mind: First, most Trump supporters disliked Hillary Clinton intensely and, second, Vladimir Putin disliked (hated?) Clinton as well, to the point of taking pleasure in seeing her defeated in the election as payback for her critical positions regarding Russia.

The apparent discrepancy between Trump supporters and their lack of concern for possible Russian interference becomes more comprehensible when we consider a centuries-old adage: “The enemy of my enemy is my friend.”

Putin was clearly the enemy of my enemy (Clinton) in the eyes of some Trump supporters.

Steven Ross, Millcreek

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Letter: This is not the God I love and worship

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The logical conclusion of Elder Dallin Oaks’ talk on gender is: “LGBTQs have no place in God's plan.” Since President Russell M. Nelson and the First Presidency are privileged to the mind and will of God, they should know: “Is God's plan incomplete or does he not love a segment of his children?”

Neither is possible with the God I love and worship.

Michael Olsen, Salt Lake City

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Letter: Prop 2 deal? What could go wrong?

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The Proposition 2 "deal”? Given the LDS Church's newfound commitment to medical marijuana, the Legislature's track record of reneging on proposition buy-off deals, and the long-running circus of Utah liquor laws, what could possibly go wrong?

Henry Whiteside, Salt Lake City

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Letter: LDS Church is interfering in the election

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Is there much difference between Russians interfering in our elections and the LDS Church asking women members to take a 10-day fast from social media?

For me, the intent of both actions is to change the outcome of an election to better serve the objectives of special interests, whether political or religious.

If Salt Lake County Council candidate Michelle Quist is questioning what to do because she wants to "follow my church leader's directions or request, but … don't want to hurt my campaign," I am prompted to vote for her opponent. How do I know she won't defer to her church rather than my needs as a voter? There is a reason for the separation of church and state.

It is concerning that women candidates who are of the LDS faith are so willing to adhere to the request of President Russell Nelson, an LDS white male, who apparently feels men do not need the same admonition. Should women resume their "go to" position of baking brownies and waiting for their man to come through the door? If women want the votes of women who are strong in their determination to see democracy served, they may have to whistle a different tune.

Joan Provost, Salt Lake City

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TRAX is delayed in South Jordan after truck runs red light and smashes into train

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Delays continued on the TRAX Red Line in South Jordan on Tuesday after a pickup track ran a red light and crashed into a train on Monday night.

A bus bridge is in effect from the 5600 West station to the Daybreak Parkway station, according to UTA, and there’s no estimate of when the line will re-open. The South Jordan Parkway is also closed to traffic.

The pickup ran the red light on the South Jordan Parkway and collided with the northbound train near 10605 Grandville Ave. at about 8:20 p.m., derailing the train, knocking down a power pole and damaging the power line. There are no crossing arms at that intersection.

No one on the train was injured; the driver of the truck received minor injuries.

Letter: Politics has become a disreputable profession

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It’s sad that politics has become such a disreputable profession. But perhaps what now seems to be true of politics has always been the case — that politics, regardless of party affiliation, gradually changes its participants from seemingly selfless people excited to do what’s right and best for their constituents and country, to individuals doing whatever is needed to retain power and influence.

Political events over the past two years are a prime example. After all, we elected to the highest office in the land a known sexual predator who joked about his predation on national TV.

Two men accused of sexual abuse and harassment by very credible women — unbelievably — now sit as justices on the United States Supreme Court, our last arbiter of justice.

Unfortunately, these sad national stumbles have been merrily welcomed and rejoiced in by those elected to represent Utah in Washington! We can do better and have the power to quickly make change by voting on Nov. 6! VOTE!

Fares Arguello, Salt Lake City

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Political Cornflakes: New campaign filings show Trump has already fundraised more than $100 million for his 2020 reelection bid

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New Federal Election Commission filings show President Donald Trump has already topped $100 million in fundraising for his 2020 reelection bid — an enormous haul for a president barely two years into his first term. No other president dating back to at least Ronald Reagan had raised any money at this point for his own campaign committee, according to the Campaign Finance Institute, a nonpartisan research group. Trump began fundraising shortly after his 2016 win. [WaPost]

Happy Tuesday.

Topping the news: U.S. House candidates Ben McAdams, a Democrat, and incumbent Rep. Mia Love, a Republican, squared off Monday night in a debate at Salt Lake Community College, where they addressed issues ranging from Social Security and Medicare to tax reform. [Trib] [ABC4] [APviaKUTV] [KUER] [DNews]

-> A poll conducted for the Salt Lake Tribune by the Hinckley Institute of Politics at the University of Utah revealed the race between McAdams and Love could not be tighter. Each has 46 percent support, while 8 percent of voters remain undecided. [Trib]

-> In the seven use-of-force investigations completed by Salt Lake County District Attorney Sim Gill this year, three officers have invoked the right against self-incrimination and have declined to give the prosecutor a statement. The attorney who has represented those officers says, “This is a Sim Gill problem.” [Trib]

Tweets of the Day: From @zzsman_1005: “If I had one wish this holiday season it would be for Ben McAdams and Mia Love to get along and be friends.”

From @DannyCalidonia: “Donald Trump promised Elizabeth Warren $1M if she could prove her claim she is Native American. She took a DNA test which shows she is 1/1024th Native. So, Trump owes her $976.”

-> From @ryanbeckwith: “Under the Constitution, the House tweets. If the Senate retweets, it goes to the President, who favs it into law.”

Happy Birthday: To former Lt. Gov. Greg Bell.

In other news: The heated campaign between Utah’s House candidates is personal for McAdams and Love, whose families were good friends for a period of time before the relationship dissolved as campaigning began. Both have expressed disappointment with the tone the campaign has taken on. [DNews] [DNews]

-> U.S. Senate candidate Mitt Romney, a Republican and a member of The Church of Jesus Christ of Latter-day Saints, said his parents, his faith, and religious, political and business leaders have helped shape his political philosophy. [DNews]

-> Romney’s opponent, Democrat Jenny Wilson, named her political influences as her father, who served as Salt Lake City mayor for nine years, and Bill Orton, the late three-term Democratic Utah congressman for whom Wilson worked as chief of staff. [DNews]

-> Utah has used roughly $75 million in federal funding for assisting needy and economically disadvantaged families, but an audit of the state’s Department of Workforce Services revealed that many programs selected for funding were chosen arbitrarily, without defined goals or a standard for evaluating success or failure. [Trib]

-> A scathing audit released by the Office of the Legislative Auditor General on Monday said the board that oversees tuition hikes at Utah colleges regularly approves them with little or no scrutiny and has never denied a request. [Trib] [DNews]

-> A professor of medicine and psychiatry at the Veterans Affairs Hospital in Salt Lake City who specializes in treating marijuana addiction said the affliction has become more common in states that have legalized the drug. He’s using his experience with the substance as an argument against voting for Proposition 2. [KUER]

-> Utah Gov. Gary Herbert has declared a drought emergency in Utah, which he said is “at, or near, historic levels” in some areas and is impacting, agriculture, recreation and wildlife, and worsening wildfire conditions and air quality. [Trib] [DNews]

-> A Utah toxicologist was promoted to the U.S. Environmental Protection Agency’s Clean Air Scientific Advisory Committee, which advises the agency on national standards for air quality and pollutants. He says his focus will be to bring Utah’s air quality issues to light and help address issues like the winter inversion as soon as possible. [KUER]

-> The Utah Transit Authority introduced four new decorative trolley buses, which will run in Davis and Weber counties. [Trib]

-> Pat Bagley illustrates Trump with his BFFs from around the world. [Trib]

Nationally: Trump echoed the possibility Monday that “rogue killers” might have been responsible for the murder of a dissident Saudi journalist who Turkey reported dead and dismembered earlier this month. King Salman of Saudi Arabia has denied the country had any connection to the man’s death. [NYTimes] [BBC] [CNN] [WaPost]

-> U.S. Sen. Elizabeth Warren, D-Massachusetts, released the results of a DNA test indicating “strong evidence” of her Native American ancestry on Monday, after Trump said he would donate $1 million to her favorite charity if she proved her claimed ancestry. The move also signaled her strong intent to run for president in 2020. [NYTimes] [BostonGlobe] [Fox] [BBC]

-> In an interview with “60 Minutes,” Trump denied denying climate change, backing off his claim that it is a hoax. But he still cast doubt on whether humans were responsible for the earth’s rising temperatures. [NYTimes] [BBC] [CNN] [BostonGlobe]

-> The U.S. Treasury reported Monday that the federal budget deficit has swelled to $779 billion in the current 2018 fiscal year, driven in part by Trump’s tax cuts. This marks nearly a 17 percent increase per year, and the deficit will likely top $1 trillion by the next presidential election. [NYTimes] [WSJ]

Got a tip? A birthday, wedding or anniversary to announce? Send us a note to cornflakes@sltrib.com. And if you want Cornflakes to arrive in your email inbox each morning, subscribe here.

-- Taylor Stevens and Cara MacDonald

https://twitter.com/tstevensmedia and Twitter.com/carammacdonald

Tribune editorial: Keep Rivera as Salt Lake County Sheriff

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There aren’t many career trajectories like Salt Lake County Sheriff Rosie Rivera’s.

Fifteen-year-old mother. Onion field worker. Undercover narcotics officer. Sheriff of a million people.

And if her past is a tapestry, her present is a mosaic. The county sheriff oversees an amalgam of law enforcement in the Unified Police Department, the Salt Lake County Jail staff and the bailiff/security force for county courts and facilities.

Rivera has managed those pieces artfully in her first year of office, and she earns our endorsement for a four-year term.

Both the sheriff and her opponent, Lt. Justin Hoyal, who is also one of her employees, are pushing hard for more jail beds, noting that the county hasn’t built a new jail bed in almost two decades. In this age of criminal justice reform, we’re supposed to be finding better alternatives to incarceration, but both candidates are right that our fast-growing population makes it impossible to stand pat on jail beds.

If there is a difference, it’s that Rivera puts more emphasis on freeing up beds by keeping the mentally ill and substance abusers out of jail and in more appropriate settings.

The sharpest difference between the two may be over Rivera’s handling of cities leaving the Unified Police Department to form police departments of their own.

Hoyal blames Rivera for the defections, but the evidence doesn’t support that. Herriman was already headed to the door when Rivera took over from Jim Winder last year, and another city, Riverton, has put its exit on hold since Rivera took over and started working to make budgeting more transparent for the cities.

And before any more cities think about defecting, they may want to consider what Rivera has identified as one of the sheriff’s biggest challenges: hiring and retaining experienced people. Law enforcement is not attracting as many applicants as it once did. As a result, departments are raiding each other for staff. In addition to police officers, the lack of jail guards makes it tough to maintain the status quo, let alone add beds.

And in that Rivera has already been at work with the county council and the UPD’s advisory board to improve pay and benefits.

In a campaign that has produced few major policy differences between the candidates, there isn’t much incentive to toss out a successful incumbent. The story of Sheriff Rosie Rivera deserves more chapters.


Evan McMullin: Political polarization is a danger washing over our nation

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Over the summer, while sitting for an interview on a cable news network, the anchor prefaced her first question to me by saying, “I know you’ve evolved.” Her statement surprised me. Had I evolved?

My commitment to equality, life, liberty and the pursuit of happiness was unchanged. My preference for federalism, free enterprise, fiscal responsibility, prudent American leadership in the world, pluralism, the rule of law, decency in our leaders and compassionate care for vulnerable communities was also unwavering.

Her remark stuck with me, though, and I’ve since realized that I actually have changed in one important way over the past two years: More than before, I now recognize the urgent need to find common ground and seek sensible compromise between factions to counter the dangerous wave of political polarization currently washing over the nation.

Yes, President Trump’s devotion to adversaries in Moscow, disregard for truth, the rule of law and decency combined with blindly loyal Republican leaders’ control of Congress are causes for great concern. However, Pew Research data show not just one leader or one party drifting towards its fringes, but both of them.

Predictably, this divergence and the dysfunction it causes has fueled frustration among the parties’ reliable voters, driving them to more radical leaders who stoke their anger and further divide us for their own advantage.

In the short-term, it’s a destructive cycle that prevents us from dealing with modern challenges like cyberwarfare, technology-induced job displacement, reckless levels of national debt, aging infrastructure, a changing climate, health care and our antiquated educational system. In the long-term, it threatens to destabilize the nation.

Self-serving leaders and commentators would have us believe that our political rivals are irreconcilable enemies, but they are wrong. As human beings and as Americans, we still have much more in common than in difference. We must look beyond the snake oil they sell to see again the good in each other.

Even as radical elements on the far-right and far-left are ascendant, there remain Republicans, Democrats, third-party members and independents — men and women of character and goodwill — who seek to unite rather than divide and to persuade rather than coerce.

In fact, there is a tradition of such leadership in Utah, especially among a rising generation of leaders.

One example is Republican Rep. John Curtis. In just 10 months of service, he’s worked with Democrats to advance bills to improve broadband access to rural communities and lending to small businesses so that more Utahns and Americans can share in our growing economy.

Salt Lake County Mayor Ben McAdams, a Democrat, is another. Working with Republicans, McAdams has maintained a balanced budget and curbed homelessness, while earning a reputation as a unifier and someone who can find common ground between opposing sides on challenging issues.

Eric Eliason, a successful entrepreneur and business professor now running for Congress on the United Utah Party ticket in Utah’s 1st district, is taking on the monumental task of campaigning with a unifying reform message despite the tremendous systematic challenges he faces as a third-party candidate.

We should rally behind such leaders with whom we have significant common ground, regardless of party, if they are capable of working with their rivals in order to advance effective solutions for Utah and the nation, while countering divisive extremes.

If they are willing to uphold the principles and institutions that protect our freedom and advance policies based on truth rather than fear and anger, then let us give them the strength to do so however we can in good conscience.

An “evolution” in our own positions is not required, just renewed recognition that we share this land with 325 million other Americans and sincere desire to put country over party for our own good and for the general welfare of the nation.

High atop the U.S. Capitol dome sits the Statue of Freedom on a cast iron pedestal encircled by the Latin phrase “E Pluribus Unum,” meaning “Out of many, one,” a motto that described the unification of the American colonies struggling for survival nearly 250 years ago. Today, it remains a vital reminder of what we are, and who we must be.

Evan McMullin
Evan McMullin

Evan McMullin is a former CIA operations officer, policy director for the House Republican Conference and independent candidate for president in 2016. He is the co-founder and executive director of Stand Up Republic.

Commentary: We need liberals and conservatives for a whole society

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I’m running for Salt Lake County Council in District 4. That’s why I haven’t written a column in awhile. The newspaper doesn’t want to give a free platform to a candidate, which is fair.

But as a regular ‘ol member of the public, I’m free to submit an op-ed once a month. Of course, there’s no guarantee it will see print.

As I’ve been on the campaign trail, I’ve heard from many people about their frustration with today’s political climate. At one honk-n-wave, a random biker felt the need to yell as he passed us, “All politicians suck,” or something to that effect.

What I’ve learned most, though, from my recent dive into representative government, is that people really do care. They care about national politics. They care about propositions on the state ballot. They care about the Supreme Court.

Psychologist Jonathan Haidt is known for his TEDTalk on the moral foundations of our political choices. His talk seeks to minimize the divide between liberals and conservatives by helping people understand that values drive both sides.

Haidt identified five moral values: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. Liberals value harm/care and fairness above the other three, and conservatives tend to honor all five.

He also noted that when there is some sort of punishment, whether it’s shame or embarrassment or gossip, people tend to cooperate more. He found that religion also leads to more cooperative, pro-social behavior.

According to Haidt, “The crux of the disagreement between liberals and conservatives [is that] liberals reject three of these foundations. They say no, let’s celebrate diversity, not common and group membership. They say let’s question authority. And they say keep your laws off my body. Liberals have very noble motives for doing this. Traditional authority – traditional morality – can be quite repressive, to those at the bottom, to women, to people who don’t fit in. So liberals speak for the weak and oppressed, they want change and justice, even at the risk of chaos.

“Conservatives, on the other hand, speak for institutions and traditions. They want order, even at some cost to those at the bottom. The great conservative insight is that order is really hard to achieve, it’s really precious, and it’s really easy to lose. So as Edmund Burke, said, ‘The restraints on men, as well as their liberties, are to be reckoned among their rights,’ which was after the chaos of the French Revolution.”

In other words, liberals and conservatives “offer a balance between change and stability.” Both have something to contribute. Like the yin and yang, we need both for a whole society.

Haidt’s theories ring true to me. We don’t need to be for or against each other. We need to listen, and work together. We can’t go charging in, saying you’re wrong and I’m right.

Challenge that instinct.

I’ve spent the last three and a half months attending county council meetings, city council meetings, community council meetings, candidate events hosted by senior centers and PTA boards and every community event in between. I’ve listened to police reports and fire reports and citizen comments.

While national politics leaves a sour taste, most people still care. And they care especially about local politics – because that’s where things can change.

At the local level, we can change how we respond to homeless residents and neighbors addicted to opioids and a broken criminal justice system by working together.

At the local level we can help our youth connect with each other, and connect with adults and professionals who can help them realize that life is better than death. That suicide isn’t worth it.

And at the local level we can address affordable housing, for seniors as well as young families, in our crowded county without losing sight of the communities that make us strong.

The season is changing, and we must change with it. It’s time to stop demonizing the other side and work together as individuals who value the moral principles that drive us all.

Michelle Quist
Michelle Quist

Michelle Quist, a former columnist and editorial writer for The Salt Lake Tribune, is a Republican running for a seat on the Salt Lake County Council.

Utah’s medical marijuana initiative is no longer a sure thing, poll finds

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After months of strong popularity, Proposition 2 has lost ground among Utah voters and is polling barely above the crucial 50-percent mark just weeks ahead of Election Day, a new poll shows.

A Salt Lake Tribune-Hinckley Institute of Politics poll indicates support for the medical marijuana initiative has waned by about 15 percentage points since June and that only 3 percent of voters remain indecisive about the measure. A big erosion of support among active members of The Church of Jesus Christ of Latter-day Saints stands out in the poll.

The reported drop comes on the heels of a major shift in the debate around Prop 2. Amid the recent round of polling, a group of state leaders and advocates announced they’d agreed on a medical cannabis plan that lawmakers would consider in a November special session.

Jason Perry, the Hinckley Institute’s director, said this deal likely contributed to the weakened support for Prop 2. While medical marijuana as a concept exerts a broad appeal, the specifics of the initiative had alienated some people, he noted.

“Now that there is a compromise, there is a large number of people in this state that said, ‘I support this compromise, therefore I don’t need to support this initiative,’” Perry said.

(Christopher Cherrington  |  The Salt Lake Tribune)
(Christopher Cherrington | The Salt Lake Tribune)

However, not all proponents of medical marijuana expansion are convinced the Legislature will follow through and enact a program that meets the needs of Utah patients.

Jeffrey Cedeno, a poll participant who supports Prop 2, said it brings him little comfort to hear that lawmakers will meet next month to review a medical cannabis bill. The Legislature has spent years debating the issue and has repeatedly batted down medical marijuana measures, he said.

“I like to consider myself a pretty middle-of-the-road guy. I am fundamentally frustrated with the Legislature’s continued ignorance around this issue,” said Cedeno, an unaffiliated voter who lives near Park City.

About 51 percent of those surveyed indicated some level of support for the initiative – 35 percent were strongly in favor and 16 percent were somewhat in favor. Of the 46 percent in opposition, 31 percent said they were strongly against the measure and 15 percent said they were somewhat against it. Only 3 percent said they were undecided.

“People in Utah have made up their minds,” Perry said. “People have been talking about it for months, talking about it at their dinner tables. This is a very well-considered proposition.”

DJ Schanz of the Utah Patients Coalition, which led the ballot initiative, said he remains confident voters will “overwhelmingly support Prop 2," despite the new poll numbers. And even if the ballot measure fails, the Legislature is poised to deliver a medical marijuana program for the state, he said.

Schanz blames the initiative’s opponents, not the recent compromise, for the drop-off in support.

“The opposition has spent a lot of money on ... hysterical messaging points,” he said. “But I think when push comes to shove, we have a huge advantage with the enthusiasm gap in support of Proposition 2.”

Michelle McOmber, CEO of the Utah Medical Association, which has opposed Prop 2, agreed with Perry that the compromise is probably a factor in the poll results and hypothesized that increased voter awareness might be another contributor.

“As we get closer to the election, I think people tend to pay attention a little bit more to what’s going on,” she said,

The recent survey was conducted among 822 registered voters and had a margin of error of plus or minus 3.4 percentage points. The initial polling took place from Oct. 3 to 9 and a second round of surveys were taken Oct. 11 and 12 to broaden the sample size.

Enthusiasm for the ballot measure was at its height last year and in January, when a Tribune poll found that about 76 percent of voters favored the initiative.

The support had dropped off to about 66 percent by June, after the emergence of an opposition campaign, but seemed to be holding fairly steady even when the LDS Church joined a coalition against the proposition. A Deseret News poll conducted from Sept. 30 to Oct. 7 found that 64 percent of likely voters backed the initiative.

However, the Tribune-Hinckley poll showed the initiative’s popularity has declined sharply among individuals who identified themselves as “very active” Latter-day Saints; support plummeted from 54 percent in June to 28 percent in the October poll.

Still, most people said the church’s opposition to Proposition 2 wasn’t a factor in their decision-making. Even among active members, 55 percent said the church’s position made no difference.

Janeen Detrick, a Latter-day Saint who took the poll, attributed her strong support for the initiative to her libertarian ideology.

“I believe in freedom to choose,” Detrick, of Helper, said.

She added that in her Carbon County community, which has been ravaged by the opioid epidemic, there is a strong sentiment against criminalizing people for their addictions.

Prop 2 would allow licensed dispensaries to distribute medical marijuana to doctor-recommended patients suffering from qualifying illnesses. The list of ailments includes Alzheimer’s disease, cancer, multiple sclerosis, post-traumatic stress disorder, chronic pain and autism.

Opponents of the measure worry it would send the state on the path toward legalized recreational cannabis and does not include sufficient safeguards to prevent abuse and black-market activity.

With the legislation prepared for next month’s special session, patients could access medical marijuana via a state-run distribution system or at a handful of specialized “cannabis pharmacies.” The bill also tightens restrictions on the permissible varieties of medical marijuana and the qualifying conditions.

Russian Orthodox Church breaks ties with Orthodoxy’s leader

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Moscow • The Russian Orthodox Church decided Monday to sever ties with the leader of the worldwide Orthodox community after his decision to grant Ukrainian clerics independence from the Moscow Patriarchate.

Metropolitan Hilarion said the Russian church’s Holy Synod resolved to “‘break the Eucharistic communion” with the Istanbul-based Ecumenical Patriarchate of Constantinople.

Under the leadership of Ecumenical Patriarch Bartholomew I, the patriarchate last week removed its condemnation of leaders of schismatic Orthodox churches in Ukraine. The decision marked a step toward establishing an ecclesiastically independent — or autocephalous — church in Ukraine.

The Orthodox Church in Ukraine has been under the jurisdiction of the Russian Orthodox Church since the late 1600s. Calls for the Ukrainian church’s independence have increased since Moscow’s 2014 annexation of the Crimean Peninsula and its support of separatist rebels fighting in eastern Ukraine.

Ukraine currently has three Orthodox communities — one answering to the Russian Orthodox Church and two schismatic churches.

Metropolitan Hilarion, who heads the Russian Orthodox Church’s foreign relations department, said after the Holy Synod’s meeting in Minsk, Belarus, on Monday that rupturing ties with the Ecumenical Patriarchate was a response to its “lawless and canonically void moves.”

“The Russian Orthodox Church doesn’t recognize those decisions and won’t fulfill them,” he said. “The church that acknowledged the schismatics has excluded itself from the canonical field of the Orthodoxy.”

Ukrainian President Petro Poroshenko, who is running for re-election in a March vote, has pushed Bartholomew to grant independence to the Ukrainian church.

Ukrainian Orthodox Church Archbishop Yevstratiy denounced the Holy Synod’s decision to sever ties with the Orthodox Church leader regarded as a “first among equals” as a move toward “self-isolation.”

The Russian church voiced concern that the Istanbul-based patriarchate’s action would deepen the religious rift in Ukraine and could spur the schismatic branches to try to take over church buildings.

The Russian Orthodox Church expects Poroshenko to make good on his pledge that the Ukrainian government would ensure respect for the choices of those who want to retain unity with the Russian church.

Yuras Karmanau in Minsk, Belarus, contributed to this report.

A duck hunter fired in the direction of a police officer. Then the cop was charged with a crime in a case that has reached Utah’s Supreme Court.

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Three years ago, Unified Police Department officer Lance Bess was duck hunting in Box Elder County when another hunter fired three shots in his direction.

With his police-issued pistol in one hand and his hunting shotgun in the other, Bess — depending on one’s point of view — either investigated the errant shotgun blasts or confronted the other hunters. A jury later convicted Bess of a misdemeanor count of threatening or using a weapon in a fight or quarrel.

The Utah Supreme Court heard arguments Friday over whether Bess received a fair trial, and, if he did, what the impact could be for police officers who respond to danger.

Paul Cassell, a former federal judge who is representing Bess in his appeal, argued that Bess had a legal presumption of innocence because he was a police officer responding to danger. Cassell said Bess’ conviction means police officers — even when on duty and in uniform — can be convicted of brandishing a firearm when they are performing their official duties.

“Every time a law enforcement officer shows up at a bank robbery with a gun drawn," Cassell said, “he’s committed a crime” under the prosecution’s theory.

Utah law allows police officers to present as a defense that they were performing their job or defending themselves. Another aspect of Bess’ appeal contends he wasn’t properly allowed to raise those defenses at trial.

(Trent Nelson  |  The Salt Lake Tribune File photo) Duck hunters at the Bear River Migratory Bird Refuge in 2013.
(Trent Nelson | The Salt Lake Tribune File photo) Duck hunters at the Bear River Migratory Bird Refuge in 2013. (Trent Nelson/)

In his instructions to the jury at the start of the trial, 1st District Judge Brandon Maynard did not describe Bess’ ability to make that affirmative defense. After receiving an objection from the prosecution, Maynard decided Bess’ lawyer needed to make that argument in open court first.

Before jurors deliberated, Maynard described to them the legal elements Bess needed to meet, but Utah Supreme Court Justice Deno Himonas wondered aloud Friday whether the jury was able to “contextualize” the trial evidence without similar preliminary instructions.

According to transcripts and records from 1st District Court in Brigham City, an inexperienced, 24-year-old hunter at the Salt Creek Waterfowl Management Area was firing at a duck and peppered Bess’ location. When Bess approached with firearms, according to courtroom testimony, he was using profanity as he asked who fired at him. The hunter who fired and his family tried to calm Bess.

There’s also a dispute as to whether a dangerous situation existed. Assistant Utah Solicitor General John J. Nielsen on Friday pointed out there was a five- to 10-minute delay between the shots and when Bess approached the family. No one was injured.

James Wolfe, whose nephew fired the shots in Bess' direction, was also duck hunting at the bird refuge that day in October 2015, and he attended Friday’s arguments. After the hearing, Wolfe said he’s generally a supporter of the police but added that Bess didn’t volunteer that he was a police officer until Wolfe threatened to call police. Bess then refused to show a badge, at first.

“All he could do was yell and swear at me," Wolfe said.

Bess pleaded not guilty, but a jury convicted him of Utah’s highest-level misdemeanor in May 2017.

Maynard sentenced Bess to two days in jail, 18 months of probation, 40 hours of community service and to pay $493 in fines — all of which he has served. Bess still has his police officer certification, but UPD moved Bess into a civilian job pending the resolution of his case. Bess now works for the new Herriman Police Department, again as a civilian.

Local police unions as well as the Utah chapter of the Fraternal Order of Police have filed amicus briefs supporting Bess.

Outside the Utah Supreme Court chambers, Cassell read aloud a statement on Bess’ behalf.

“I served as a law enforcement officer for nearly 14 years,” the statement said. “I can’t believe I’m now being forced to prove my innocence, and I hope it doesn’t happen to other law enforcement officers.”

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