The prosecutor in the public corruption case against Eagle Mountain Mayor Brian Olsen says lack of a city policy didn't give Olsen the authority to do what he wanted with taxpayers' money.

Deputy county attorney Chad Grunander filed a document in court Tuesday arguing that the case against Olsen should proceed. Olsen is charged with seven counts of misuse of public money, third-degree felonies. Grunander also opposed defense attorney Ron Yengich's request to have the seven charges consolidated into one.

Olsen was charged in January and is accused of falsifying expense reports for travel reimbursement while serving as mayor of Eagle Mountain in 2006. His preliminary hearing was held in August, but 4th District Judge David Mortensen wanted to hear more arguments from the attorneys before deciding whether there was enough evidence against Olsen for the case to continue.

Yengich submitted a motion to dismiss the case earlier this month, arguing that there were no written policies in Eagle Mountain dictating how reimbursement requests were to be handled. As mayor, Olsen had the authority to decide how and when reimbursements were to be issued, Yengich wrote, and had "free reign" over city money.

In his response, Grunander disputed that Olsen had free reign over city money, arguing that such a claim goes against Utah law, public policy and common sense. The lack of clear-cut policies did not give Olsen the ability to use city money in any way he wished, Grunander wrote.

"When Brian Olsen was elected mayor in late 2005 and began serving in that office in 2006, he was not appointed king. He was not given the authority simply to do as he wished with the people's money," Grunander wrote in the brief. "Such an assertion flies in the face of democracy and the basic principles of American government."

Olsen has said that payments were made to him in error, and there was no established policy about how to reimburse the city in such situations. Shortly before he was charged, Olsen spoke to city staff about how to reimburse the city for a check he requested in advance for a trip he was unable to make.

Grunander said Olsen had no intention of paying back the city until he got caught, and said he cashed checks for expenses he did not incur.

Perhaps the most obvious example, Grunander wrote, was a request for mileage reimbursement for a 583-mile trip to Springdale. Olsen picked up the reimbursement check during the second day of the conference, Grunander said.

Yengich declined to comment on the brief. He can now file a reply to that brief before Mortensen hears oral arguments on the case.

• Jeremy Duda can be reached at 344-2561 or jduda@heraldextra.com.

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