The former adjutant general of the Utah National Guard is suing Utah Gov. Spencer Cox and other state officials — claiming he was “unlawfully terminated” without due process.
The actions of Cox and others deprived former Maj. Gen. Michael Turley of his job as adjutant general — and of his health and retirement benefits commensurate with his military position, according to claims made in a complaint filed this week in the U.S. District Court.
Turley commanded the Utah National Guard for almost four years before being relieved of his assignment in 2023 following allegations of “an inappropriate relationship with a subordinate” — an assertion that Turley has denied.
Earlier this month, it was reported by Task & Purpose that Turley had retired as a lieutenant colonel — a U.S. Army officer’s rank (0-5) three steps below his highest military rank (0-8). Such a demotion would result in a sizable difference in retirement pay and benefits.
Turley’s civil court complaint identifies Cox as a defendant — along with Cox’s chief of staff, Jon Pierpont, and John Barrand, the director of Utah’s Division of Human Resources Management.
When asked Thursday about Turley’s suit, Cox declined comment.
Court complaint: An investigation prompted by ‘false allegations’
The complaint notes that Turley — a military veteran of almost four decades — was appointed in 2019 by Gov. Gary Herbert to serve as Utah’s adjutant general.
In 2021, according to the complaint: “The Department of the Army Office of the Inspector General (Army IG) apparently opened an investigation into allegations of misconduct by General Turley, which were later demonstrated to be utterly baseless.
“The investigation appears to have been initiated in response to false allegations made by another member of the military that General Turley had engaged in some undefined ‘inappropriate conduct.’”
The next year, the Army IG’s ongoing investigation “was leaked to the media illegally” by someone within the Army’s IG’s office, the complaint added. The Governor’s Office and senior members of the governor’s staff also received anonymous tips containing similar allegations.
In response to the tip, the Governor’s Office opened an investigation where Turley denied any misconduct and cooperated fully, according to the complaint.
“Upon conclusion of the investigation, Barrand wrote, ‘It is my assessment, based on our review of this matter, that we currently have no actionable information regarding (the allegations against General Turley) and have exhausted all reasonable avenues of obtaining further information at this time.’
“The statement concluded that ‘(T)here is no basis to find that the Adjutant General has engaged in inappropriate conduct. Based on this, I recommend that the Governor await the conclusion of the Army Inspector General’s investigation,’” according to the complaint.
‘Resign’ or ‘be terminated’
The complaint noted that on Aug. 16, 2023, Pierpont and Barrand contacted Turley to notify him that the Governor’s Office had learned that USA Today intended to run a story indicating that the Army IG had substantiated an allegation that Turley had engaged in inappropriate conduct.
“Although the specific allegations and finding were still unknown at that point, General Turley denied any and all allegations that he had engaged in any sexual or other significant misconduct,” according to the complaint.
“At this time, neither General Turley, Pierpont, Barrand, nor the Governor’s Office had seen a copy of the Army IG’s investigation report.”
The complaint then noted that although Turley “adamantly denied” any allegations of serious misconduct, as a “good soldier” Turley discussed with Barrand and Pierpont the possibility of resigning “if it could be done with certain conditions and without immediate effect.”
While discussions regarding Turley’s potential resignation remained ongoing and without any new information, Barrand called Turley and told him that the Governor’s Office had informed him that Turley had 90 minutes to resign or be terminated, according to the complaint.
“At the time Barrand issued this ultimatum, none of the relevant parties had a copy of the Army IG’s report. Moreover, the State had not done any investigation after concluding that ‘there (was) no basis to find that the Adjutant General (had) engaged in inappropriate conduct.’”
The complaint added that Turley, facing the imminent threat of termination which could have ended his health care and other benefits for his family, including a child with disabilities, sent a conditional letter of resignation dated Aug. 16, 2023, which indicated that he was willing to resign if the resignation was effective Sept. 16, 2023.
On Aug. 21, 2023, Brig. Gen. Daniel Boyack was appointed adjutant general — essentially signaling Turley’s firing “without cause,” according to the complaint.
Shortly after being terminated, Turley received a heavily redacted copy of the Army IG’s report, which purported to confirm the allegation of misconduct, according to the complaint.
“The confirmed allegation in the IG Report was patently false and General Turley knew that he would be able to demonstrate as much.
“On September 15, 2023, General Turley rescinded his resignation by sending a rescission to Governor Cox and the State of Utah. Barrand, acting on behalf of Governor Cox and the State of Utah, refused to accept General Turley’s rescission of his resignation.”
The complaint goes on to say that Turley’s own investigation revealed that the “substantiated allegation” was false — and that neither the state of Utah nor the Army IG had interviewed the other soldier allegedly involved in the misconduct.
“When interviewed, that soldier, like General Turley, adamantly denied any sexual misconduct and submitted a detailed sworn affidavit indicating as much,” the complaint noted.
Additionally, the complaint added, the defendants — and others acting at their direction — “have also taken steps to improperly influence the Department of the Army’s Grade Determination Review Board, which recently reduced General Turley’s rank and grade for purposes of calculating his retirement pay, without basis.”
The defendants’ actions, the complaint concludes, resulted in Turley’s improper termination, withholding of retirement funds, “and immeasurable damage to General Turley’s reputation.”
Turley is seeking damages “in an amount to be proven at trial.”
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