Sim Gill (Utah State Bar No.

6389)
DISTRICT ATTORNEY FOR SALT LAKE COUNTY
Darcy M. Goddard (Utah State Bar No. 13426)
Deputy District Attorney
Salt Lake County District Attorneys Office
2001 South State Street, Room S3-600
Salt Lake City, Utah 84190
Telephone: 385.468.7700
Facsimile: 385.468.7800
E-mail: dgoddard@slco.org

Attorneys for Non-Party Salt Lake County

IN THE THIRD JUDICIAL DISTRICT COURT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

IN THE MATTER OF THE STIPULATED MOTION FOR COURT

GUARDIANSHIP AND RATIFICATION OF SEPARATION
CONSERVATORSHIP OF G.W.O., AGREEMENT AND RELEASE OF CLAIMS

An incapacitated adult.

Probate No. 173901317

The Honorable Bruce Lubeck

Pursuant to Utah Code section 75-5-409(2) and Utah Rule of Civil Procedure 7(b), Non-

Party Salt Lake County (County), Petitioners and Court-appointed guardians of G.W.O.,

Martin C. Ott, Kathryn Ott Chamberlain, and Kristine Ott Williams (collectively, Ott

Guardians), and the Court-appointed attorney for G.W.O., Dara R. Cohen (Ms. Cohen),

hereby submit this Stipulated Motion for Court Ratification of Separation Agreement and

Release of Claims (Agreement). The Agreement is attached hereto as Exhibit 1.

 As the Court is aware, the incapacitated person, G.W.O., is the elected Recorder for Salt

Lake County. By reason of mental incapacity that is not temporary in nature, G.W.O. is unable

to fulfill the duties of his office and thus is unable to continue to serve as the elected Salt Lake

County Recorder.

The Ott Guardians and the County, with the assistance of Ms. Cohen, met this week and

jointly determined it would be beneficial, both for G.W.O. and for the residents of Salt Lake

County, for G.W.O. to resign both his elected position and his employment relationship with the

County, so that G.W.O. may retire in the peace and dignity to which he is entitled. The

Agreement (Ex. 1 hereto) reflects the parties negotiated resolution of the terms for G.W.O.s

resignation, which includes, in exchange for his resignation, a lump sum payment by the County

to the Ott Guardians of $35,000 (thirty-five thousand dollars and no cents) (Separation

Amount). Under the Agreement, promptly on receipt of the Separation Amount, the Ott

Guardians have agreed to deposit the proceeds into a suitable trust or other account to be used for

the sole and exclusive purpose of providing for G.W.O.s reasonably foreseeable needs,

including but not limited to medical care or services, housing, or other items necessary for

G.W.O.s care and comfort.

The Separation Amount represents approximately twelve weeks of G.W.O.s salary.

Such a payment is, as far as the County is aware, unprecedented for an outgoing elected official.

It is nonetheless consistent with existing Salt Lake County policy for other non-merit appointed

employees and, in the view of undersigned counsel, is reasonable and appropriate under the

unique and unfortunate circumstances of G.W.O.s current situation. The effective date of

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G.W.O.s resignation, i.e., August 1, 2017, will allow for his continued coverage under the

Countys employee health insurance plan to and including August 15, 2017.

Given the importance of the issues presented here, not just for G.W.O. but for the

residents of Salt Lake County, the Ott Guardians, the County, and Ms. Cohen all agree that a

stipulated motion seeking Court ratification of the Agreement under Utah Code section 75-5-

409(2) is warranted.

For the Courts convenience, a proposed form of order ratifying the Agreement is

submitted contemporaneously herewith. None of the parties to this stipulated motion believe

oral argument is necessary, but all will be happy to appear and address the Courts concerns

promptly on request.

DATED this 20th day of July, 2017.

SIM GILL
Salt Lake County District Attorney

/s Darcy M. Goddard
Darcy M. Goddard
Attorney for Salt Lake County

/s Darcy M. Goddard*
Mary C. Corporon
Attorney for Petitioners and Court-Appointed
Guardians of G.W.O.

/s Darcy M. Goddard*
Dara R. Cohen
Court-Appointed Attorney for G.W.O.

* Signed electronically with permission of Mses. Corporon and Cohen

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 CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of July, 2017, I electronically filed with the Clerk of

Court the foregoing Stipulated Motion for Court Ratification of Separation Agreement and

Release of Claims, utilizing the Courts electronic filing system, which automatically sent

notification of such filing to the following:

Mary C. Corporon
Christensen & Jensen, P.C.
257 East 200 South, Suite 1100
Salt Lake City, Utah 84111
Attorney for Petitioners and Court-Appointed Guardians of G.W.O.

Dara R. Cohen
D.R. Cohen Law
369 East 900 South, Suite 113
Salt Lake City, Utah 84111
Attorney for G.W.O.

Aaron K. Bergman
Bearnson & Caldwell
399 North Main, Suite 270
Logan, Utah 84321
Attorney for Intervenor Karmen Sanone

By: /s Darcy M. Goddard

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EXHIBIT 1