With the town’s conflict attorney bowing out of Payson Police Lt. Donny Garvin’s appeals case, a scheduled hearing has been pushed back at least a month.
Garvin was demoted to sergeant in July for off-duty conduct, reportedly involving use of a company-issued cell phone.
Attorney Carry Kelly recently resigned from the case, leaving the town scrambling for a new attorney, said Payson Town Attorney Tim Wright. So far, the town has asked the Bob Grasso Law Firm to take over, although no specific attorney has been assigned.
Garvin’s appeal hearing was set for Aug. 31., but will likely not take place until September or early October, Wright said.
“There is no new date yet, we are struggling to set up a time,” he said, citing scheduling conflicts.
Police Chief Don Engler demoted Garvin for reportedly violating the department’s code of conduct and behaving in a way that “was unbecoming to the department,” said Garvin’s attorney Martin Bihn.
“I am confident once all the facts are out, the hearing officer (Ron McDaniel) will take appropriate action, whatever that is,” Bihn said.