Cedar Hills Citizens for Responsible Government’s (CHCRG) legal analyst Jerry Dearinger respectfully corrects the record, as requested by city officials:
On December 26, 2013, a meeting was held regarding Cedar Hills Citizens for Responsible Government’s (CHCRG) October 9, 2013 GRAMA Request for email/text records. Mayor Gary Gygi, Councilmember Jenney Rees, City Manager David Bunker, City Attorney Eric Johnson and CHCRG members Jerry Dearinger & Ken Cromar attended.
During the meeting the city attorney felt it necessary to discuss an issue from 2012 regarding the County Attorney’ “investigation” of then Mayor Eric Richardson and City Manager Konrad Hildebradt. The city attorney believed CHCRG had been mistaken in our understanding that County Attorney Jeffrey Buhman had not investigated charged filed in District Court, as Ordered by Judge Taylor. The city attorney believes, and has advised the Council that Mr. Buhman had indeed “investigated”, and demanded our reply and correction.
Our position is that County Attorney Jeffrey Buhman did not, would not, and has never claimed to have “investigated” the charges, as Ordered by Judge Taylor, even when offered the opportunity by the Judge to do so in a court brief August of 2012.
Jerry Dearinger’s response to City’s claim of “Investigation” corrects the record, published now for CH residents, after the State Records Appeal for Hearing filing proved necessary, — as follows:
From: Jerry Dearinger <jwdearinger@gmail.com>
Subject: Re: Response to Eric Johnson email regarding County Attorney “investigation”
Date: January 21, 2014 12:52:50 AM MST
To: Gary Gygi <ggygi@cedarhills.org>
Cc: David Bunker <dbunker@cedarhills.org>, jrees@cedarhills.org, taugustus@cedarhills.org, dzappala@cedarhills.org, rcrawley@cedarhills.org, mgeddes@cedarhills.org, Ken Cromar <kencromar@bluemoonprod.com>, Ken Severn <ksevksev@gmail.com>, Paul Sorensen <paulsorensen7@gmail.com>
“Mayor Gygi,
“May I begin by adding my thanks to you and the other representatives of the City for taking the time to meet with Ken Cromar and me on December 26th. While it is clear to me that we see a number of things differently, depending on our particular perspective and experiences, hopefully we have opened a dialogue that will eventually result in substantially narrowing our differences and help each of us to begin to see from the other side.
…
… “In response to an April 26, 2012 emailed letter from Sorensen-Severn presenting additional information or evidence, Mr. Buhman sent the following email to them on or about May 3, 2012:
- “Our investigators have the information you emailed to our office. They will review the information as they are able and will make a recommendation to me about whether to conduct an investigation. I anticipate that will take a few weeks. If you have any questions please feel free to contact our Bureau of Investigations (emphasis added).”
“I believe the foregoing statement further supports my (and I believe Ken’s) position that Mr. Buhman’s office did not conduct “an investigation,” as was contemplated by Mr. Buhman under Judge Taylor’s January 2012 Order. Mr. Buhman did not further communicate with any of us, but other personnel in his office verbally communicated that no investigation had been undertaken.
“In the end, the status of Mr. Richardson’s and Mr. Hildebrandt’s activities with respect to their offices of trust within the City of Cedar Hills remains unresolved. We do not know whether the accusations made were “baseless,” as claimed by you in a September 20, 2012 press release, or whether they were valid claims of impropriety, as apparently suspected by Mr. Sorensen and Mr. Severn, as well as others of us. No investigation into the veracity of their claims was ever made. The statement of the County Attorney that he did not believe the “six areas” identified, if true, violated what he believed were “criminal statutes” does not address the question as to whether they were true or not, or whether they violated Utah Code Section 10-3-826. We may never know, as we certainly did not have the time or money to pursue much more expensive avenues to find out, and both men are now gone from Cedar Hills government.
“I hope this particular discussion is at an end. I also hope that each of us learns something from the history of this matter, so that some of the pitfalls and ruts in that road can be avoided, and that we can develop sufficient amicable communication and openness that will help to avoid such distrust and adversity as we have seen in the past. Things have much improved and hopefully they will continue to do so. I believe all government, good or bad, requires close attention by the citizenry and needs to be challenged from time to time; but hopefully it can be with greater trust and respect from all sides.
“Unless you have some good reason to respond to this, it will be unnecessary to do so.” …
“Jerry Dearinger
Member of Cedar Hills Citizens for Responsible Government”
For complete letter please see PDF… Jerry Dearinger’s response to City’s claim of _Investigation_
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In conclusion, CHCRG has been asked to correct the record. We believe we have.
While it is true, as the city reports, that Judge Taylor concluded he had no authority to enforce his ORDER to the County Attorney to investigate, CHCRG did not, nor does not now believe that this in any way vindicated or proved innocence of former Mayor Eric Richardson & City Manager Konrad Hildebrandt.
We also believe it a significant and unfortunate fact that the City hired attorney Peter Stirba to represent them at the same time Stirba also provided legal services for the County Attorney’s office. To us this appeared an unethical conflict of interest, requested by city officials, which did not protect, and indeed harmed the interest of Cedar Hills’ residents.
Mr. Stirba’s analysis was apparently accepted by the County Attorney, though according to him and his office admitted on a few occasions, in writing, that they had not “investigated”.
CHCRG has gotten accustomed to having our efforts and motives mischaracterized by the City to CH residents in its publications, website and on the City Councilman Zappala moderated www.AboutCedarHills.org Forum.
Nevertheless, now that we have done as the city requested in correcting the record, and we hope the City will do the same. CHCRG respectfully invites the City to consider correcting the erroneous conclusions for CH residents, as documented in the final paragraph published on the city website September 20, 2012 under the title, “Investigation”, which reads:
- “As the Utah County Attorney did properly investigate the allegations made by Mr. Severn and Mr. Sorensen, the Court denied the request of the accusers to issue a writ or order to review the investigation as the Utah Constitution prohibits any attempt by the courts to assume management of an investigation. “We are pleased with the decision made by the Court,” stated Mayor Gary Gygi. “It is baffling as to why Mr. Sorensen and Mr. Severn continue to pursue these baseless allegations as Mr. Hildebrandt and Mr. Richardson resigned their positions earlier this year and no longer serve the City in any capacity. City staff and officials are looking to the future and it is our hope that these residents will do the same.” http://www.cedarhills.org/node/1685 (emphasis added)
“Open, honest and transparent” government is our shared goal. We hope that we can continue keep the doors of respectful dialogue open between city officials and members of Cedar Hills Citizens for Responsible Government. Thank you!
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The following are support documents which demonstrate County Attorney Jeffrey Buhman did not claim, at least in writing, to have ever “investigated”, provided for your consideration:
July 30, 2012
Honorable James R. Taylor
Fourth District Court Judge
125 North 100 West
Provo, UT 84601
Subject: The Court ORDER of January 27, 2012, unfulfilled by Utah
County Attorney Jeff Buhman. Case Number: 120400093
Dear Judge Taylor,
On January 23, 2012, we, Paul Sorensen and Ken Severn, filed six misdemeanor accusations against Cedar Hills Mayor Eric Richardson and City Manager Konrad Hildebrandt, under Utah Code 77-6-4. …
For complete letter please see PDF… Judge Taylor ORDER unfulfilled by County Attorney.PRS – Case #120400093-1
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County Attorney Office response to our request for copy of their brief to the Court, as invited by Judge Taylor…
From: “Jeff Robinson” <JEFFR@utahcounty.gov>
Subject: Re: District Court request for Briefs – Cedar Hills investigation
Date: August 30, 2012 8:32:54 AM MDT
To: “Paul Sorensen”
Hi Paul
There has been no action taken. So I don’t have anything for you to pick up. Sorry.
Jeff Robinson
Bureau Chief
Bureau Of Investigations
Utah County Attorney Office
100 East Center Street, Ste 3300
Provo, UT 84606
Ph: 801-851-8026
Fax: 801-851-8070
>>> On 8/29/2012 at 2:26 PM, in message Paul Sorensen wrote:
| Hi Jeff,
Just thought that I would see if your office has put together a Brief to Judge Taylor regarding my questioning the implementation of his order to investigate Cedar Hills officials? If so, would like to pick up a copy. Thanks in advance, Paul Sorensen |
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Our response to Judge Taylor’s invitation to provide legal brief…
August 31, 2012
Honorable James R. Taylor
Fourth District Court Judge
125 North 100 West
Provo, UT 84601
Subject: Invitation to provide legal brief regarding the Court ORDER of
January 27, 2012, unfulfilled by Utah County Attorney Jeff
Buhman. Case Number: 120400093
Dear Judge Taylor,
As citizens of Cedar Hills who filed accusations with the honorable Court on January 23, 2012, regarding reported abuses by two local government officials, we gratefully accept the Court’s invitation to provide a legal brief expressing our view of the intended scope of U.C.A. 77-6-1, et. Seq., particularly the phrase “shall investigate and may prosecute” found in subsection (2)(a), [of 77-6-4], and the authority of this Court to direct or mandate an investigation by a separate branch of the government.”
- “…The county attorney …shall investigate and may prosecute the accusation.” …
For complete letter see PDF… Judge Taylor – our reply to Judge’s request for Brief#120400093-1
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