The City has responded to the GRAMA request by Cedar Hills Citizens for Responsible Government (CHCRG) with a fee demand of $2,320, possibly more.

This is unacceptable.

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In our GRAMA request we reminded the City, “…According to Utah Code 63G-2-201:

Right to inspect records and receive copies of records.

(1)  Every person has the right to inspect a public record free of charge,

and the right to take a copy of the public record during normal working hours,…

(see GRAMA request PDF… 10-1-13 GRAMA Request – Cedar Hills Citizens for Responsible Governement )

The City responded, “The records you request are not kept or maintained by the City in the organization or format you desire.  Without compiling records, the City cannot provide any documents.”   (see City Response to GRAMA request PDF… Response to GRAMA Request dated October 1, 2013 )

What a strange response to a simple request.  We did not “desire” or request the public records in any format or organization — simply “as is” in whatever form the City keeps them — we don’t care.  Our request  reads:

• “To be perfectly clear, this is NOT a request that the city organize, compile, format, manipulate, package or tailor the email and text records in any manner whatsoever…  Simply an inspection [of] the records as they are maintained.”

What part of “as they are maintained” does the City not understand?  Does the City have the emails as required by law?  Then, that’s the form we want to review them in – as is!  If they want the attorney to review them, that is their choice, but State Code doesn’t allow the City to charge the requester for legal review.  If the City has the email records they are supposed to, a simple word-search would allow them to find the GRAMA requested emails almost instantly.  We’re trying to keep it simple and free.  The City seems to have other objectives.

Why is it so easy for City officials to so quickly spend other people’s money?

City Council Candidate Rob Crawley (a CFO and former CPA) has attempted to negotiate a solution between CHCRG and CH City officials.  Unsuccessful, he requested a written response:

Rob,

Thank you for your generous offer to negotiate between CH City officials and our Cedar Hills Citizens for Responsible Government.  It is very kind of you to brave these waters and try to help.  We, in our group, are reasonable people, and hence have been willing to consider any written counter-offer by the City of CH to our lawful GRAMA request.  You have explained that the City is not willing to do this.

New actions on the part of the City, via their written response to our GRAMA request now make your efforts a mute point.  The City claims in their letter that our GRAMA request would take 80 hours to fulfill, possibly more, and want to charge $2,320 at $29/ hour.  This is unacceptable.

Therefore, this morning, I contacted the Utah State Archive Ombudsman to request her help to contact the City Recorder to ask to request a private phone conference.  The City agreed to my request through her, and we will be talking later this week.  As I said, we are reasonable people — simply seeking what is supposed to be an existing Public Record available for anyone to review.  (BTW, we similarly requested the Ombudsman’s help last year.)

You may quote me on the Forum if you choose, but only in whole, never in part.  Thanks in advance.

As you would understand, it would be inappropriate and unwise of us to say anymore regarding this issue for public consumption.

Thanks for Your Courageous & Noble Attempt,

Ken Cromar – Researcher for…

CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT