UEP fiduciary dogged by challenges
 Attempts to enforce court order on polygamists' trust meets resistance
 
By Patrice St. Germain
patrices@thespectrum.com
 
HILDALE - Access problems and non-payment of property taxes have been issues for court-appointed special fiduciary Bruce Wisan.

Wisan, who was put in charge of the United Effort Plan trust, the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has been struggling to maintain the trust property, which has been hampered by the lack of cooperation by the Colorado City Marshal's Office.

Last week, Wisan said, it took a threat to take down a fence and control box to gain access to a cave set up in the hills behind the Hildale City Office that was rumored to have dynamite stored in it.

Wisan said dynamite was found at the site, but added it was purchased legally, registered with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and was properly stored.

"It was all done according to regulations and it was protected, but if we had been leveled with on the front end, we may not have gone in," Wisan said.

Washington County Sheriff Kirk Smith sad a representative for Wisan came into the office asking for assistance, which his office provided.

Like Wisan, Smith said it was lawfully allowed and there is a gate, which now has a lock on it.

"The fiduciary has the authority to go in when he wants," Smith said.

Smith said he was also told that video surveillance was being set up on the site.

Because of cooperation issues with the police in Hildale and Colorado City, Ariz. law enforcement, Smith, along with Rich Townsend, director of Utah's Peace Officers Standards and Training, met with Hildale Mayor David Zitting, town marshal Fred Barlow and Helaman Barlow following the Hildale City Council meeting Tuesday morning.

Townsend said POST is not looking to decertify officers, but talked to Chief Barlow about legal orders from the court and making sure he and his officers uphold those lawful orders.

Wisan said he was informed about what was discussed during the meeting and said Smith said it was a good discussion. "The police know to treat the court documents a law, which they are, and it is my understanding that the police force there understands that, but we have to wait and see. It's been tough in the past," Wisan said.

In a report of the special fiduciary filed in 3rd District Court on Feb. 28, Wisan said he has "grave concerns regarding the actions and inaction of the Colorado City/Hildale police department."

The report reads: "The testimony of the police officers reveals that the fiduciary cannot expect any assistance from the police department in stopping the theft of property from UEP lands. Indeed, it is apparent that if FLDS adherents are involved in the theft, the police department will take the side of the thieves."

Wisan is also having difficulty collecting property taxes. Approximately 43 percent of the trust's Mohave County property tax obligation has been paid and 32 percent of the trust's Washington County property tax obligation has been paid.

Wisan said in the next couple of weeks he will look at the issue of property taxes.

There is some property where people have a prior relationship with the home and want to move back in. Those people are willing to sign occupancy agreements and pay the property taxes Wisan said.

If the people now living in the homes will not sign agreements and pay the taxes, Wisan said he will seek to evict them.

The non-payment of property taxes could be a potential problem for the cities as well.

Mayor Zitting said that city is holding the line on its adjusted budget and when the new year comes up in July, property taxes could be a potential problem, but not the only problem.

Zitting said he has paid some of his property tax this year and councilman Joe Jessop said he has paid his taxes, although councilmen Harold Peine said he hasn't paid his.

"I've paid (property taxes) up until now," Peine said.

Wisan has sent notices to people about paying the property taxes to him, as he is the court-ordered special fiduciary for the trust. Because the trust is not longer in the hands of FLDS trustees, many people have refused to pay the taxes, which hasn't happened in years past.

"They have never been behind - only this year," Washington County Treasurer Linda Larsen said. "If it's been late, it's not significantly and has been no problem."
 
TheSpectrum.com
Originally published March 15, 2006
 
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