An independent investigation into Magna Mayor Mick Sudbury has concluded that he retaliated against a witness, acted unprofessionally toward staff and police officers, and used improper authority — findings serious enough that some could warrant prosecutorial review. Yet under Utah law, the Magna City Council has no power to remove him from office, no matter what the report contains.
What the Investigation Found
The report, obtained on September 4, examined allegations against Sudbury, including kicking his dog, injuring a city employee, and interfering in law enforcement investigations, according to ABC4. As reported by FOX 13 News Utah, the investigation was written by an attorney the city hired to look into the mayor's conduct, and it found that Sudbury retaliated against a witness, acted unprofessionally toward staff and police officers, and used improper authority. Sudbury denied the retaliation allegation and other specific accusations when questioned by the investigator, the outlet's report notes.
Sudbury addressed the findings in a public statement, saying he had received the investigative report commissioned regarding city operations and was carefully reviewing it alongside legal counsel. He said he would reserve detailed comments until that review is complete, while maintaining that his devotion to Magna and commitment to municipal progress remain uninterrupted. In his statement, Sudbury said his focus remained on working for the people of Magna and ensuring the city's progress continued uninterrupted, adding that his passion for serving residents guided his commitment to the community.
Why the City Council Can't Simply Remove Him
Despite the severity of the findings, the Magna City Council does not have the power to remove Sudbury from office or even reassign his duties. That's because Utah Code Chapter 77-6 requires that elected municipal officers who are not subject to state impeachment can only be removed through formal judicial proceedings in district court alleging high crimes, misdemeanors, or malfeasance in office — a council vote alone cannot do it.
The gap isn't new. Utah lawmakers introduced House Bill 364 back in February 2017 to establish statutory removal procedures for local elected officials accused of incapacity or misconduct, but the measure failed to pass, leaving judicial proceedings as the only statutory mechanism available today.
Compounding the council's limited options, Utah Code § 10-3b-203 places administrative authority over municipal employees with the city manager rather than the elected council in Magna's council-mayor structure — a separation of powers the report itself notes when addressing who actually has authority over city staff. The council has said it does not have the power to remove or reassign Sudbury, but it has emphasized its own priorities in the meantime, including strengthening city operations, promoting a respectful and professional workplace, and serving Magna residents with integrity and diligence. The council said it is continuing to review the investigative report, recognized the seriousness of the matters it addresses, and said it is committed to transparency, accountability, and maintaining the public's trust in Magna city government. The council has a meeting scheduled for Tuesday.
An Employment Attorney's Take
Employment attorney April Hollingsworth, who reviewed the report at FOX 13's request and said she is not representing any parties in the matter, said that when a council lacks statutory authority to remove an elected official, city leaders must instead focus on protecting employees during litigation. She said city leaders must manage the situation and protect their employees, and noted that the specific allegations in the report would have to be litigated to determine whether they actually violated the law.
Whatever legal exposure results, Magna won't be facing it alone financially. The city belongs to the Utah Local Governments Trust, an insurance pool that, according to its website, includes more than 650 cities, counties, and other local governments across the state. Trust members pay out claims together and manage risk together, meaning any settlement tied to the mayor's conduct would be absorbed across that statewide pool rather than falling solely on Magna's budget.
A New City Still Finding Its Footing
The controversy lands at a delicate moment for Magna's young municipal government. The community only became an incorporated city in 2024, after Utah House Bill 35 eliminated the state's metro township model and converted those jurisdictions into standard cities. Sudbury was sworn in as Magna's first elected mayor and is serving a four-year term that began in January.
Before taking office, Sudbury spent 16 years on the Magna Water District Board of Trustees, including a stint as board chairman, and worked for 25 years at mining corporation Rio Tinto Kennecott. Magna's population reached 29,251 in the 2020 Census, a 10.4% increase from the 26,505 residents counted in 2010, reflecting a growing western Salt Lake County community now navigating its first major test of mayoral accountability under its still-new city government structure.
