OPEN LETTER from Cedar Hill Citizens for Responsible Government

 

January 29, 2016

 

David Shaw 

KIRTON & McCONKIE 

  Acting City Attorney for Cedar Hills

2600 W. Executive Parkway  #400

Lehi, UT 84043

 

RE:  Cedar Hill Citizens for Responsible Government’s reiterates request for a Litigation Hold to protect ALL Cedar Hills city government records from further destruction, until possible legal action can be considered.

 

Mr. Shaw,

Thank you for your response.  The rationale in your email response regarding our request for a Litigation Hold is understood.  

However, due to the following reasons, we respectfully reiterate our request that you advise the City to place a hold on the destruction of any public records that may be responsive to our various GRAMA requests since 2011 to date relating to any of the following situations, until we are satisfied appropriate actions have been taken to correct the failures to properly protect, secure and reconstitute the City's past records and to put in place policies and procedures to properly protect the public records into the future.

Despite Cedar Hill Citizens for Responsible Government’s best effort in recent years to obtain and preserve certain public records via GRAMA requests, mayor Gary Gygi's recent FaceBook CH Chat Room acknowledgement of his failed attempt (innocently or intentionally) to destroy public records and his ignorance of State law, has served to highlight this important fact — WE HAVE NO REASON TO BELIEVE THAT WE HAVE ALWAYS RECEIVED ALL PUBLIC DOCUMENTS WE WERE LEGALLY AND LAWFULLY ENTITLED TO VIA GRAMA REQUESTS. 

We have come to this realization because of Mr. Gygi’s acknowledgement as noted above, coupled with consideration of the following facts:

1.  Gary Gygi chose to personally fulfill a recent GRAMA request for his public records, rather than the State certified Records Officer for Cedar Hills in City Recorder Colleen Mulvey at least once, possibly multiple times. (reminiscent of Hillary Clinton’s alleged government email scandals)

 

2.  Gary Gygi altered photos for a GRAMA request that revealed his campaign materials & yard signs, and personal business in a city building.

 

3.  City Recorder Colleen Mulvey's recent acknowledgement of not knowing where the server is located and hence inability to guarantee its security or protect access to it.   See… 

http://www.cedarhillscitizens.org/run-hillary-run-for-mayor-of-cedar-hills-part-2/ 

 

4.  City Recorder Colleen Mulvey has not been fully or regularly obtaining, securing, preserving, backing-up and protecting the public record.

 

5.  Gary Gygi and former city attorney Eric Johnson publicly debated and disagreed as to what a public record even is in the presence of the State Record Ombudsman Rosemary Cundiff.       

    AUDIO – 2014 06 14 – Sam KEY clips – Cedar Hills Emails to Paper

 

 

 

6.  Former city attorney Eric Johnson admitted that CH could not completely fulfill our 2012 GRAMA request because then Council member Jim Perry, Marisa Wright, and Ken Kirk had allowed public records on their personal email accounts to be destroyed.

    AUDIO – June 15, 2012 – Utah State Records Committee – Ret. Judge Daniels on CH withholding records

 

 

 

7.  Former city attorney Eric Johnson admitted and promoted his “legal" strategy to withhold (hide) emails from public review by an apparent illegal blanket attorney-client-privilege via CC-ing emails to him.

    AUDIO – Attny Johnson – Council Work Session 18Feb2014

 

 

8.  Refusal by Council to correct the public record regarding Councilwoman Jenney Rees’ husband Matt’s attendance at a City Council meeting wherein he made numerous threats of physical violence towards CHCRG representative Ken Cromar.

 

In light of the above, we have little confidence that any of our GRAMA requests have been fully or properly fulfilled.  Additionally, for these and many other reasons, we have compelling reason to suspect that the most important, compromising, and damning communications may have been intentionally and illegally withheld to coverup unlawful, unethical, questionable and/or embarrassing actions while serving as city officials.  

Also in light of the above, it appears that the City of Cedar Hills has NOT done ALL within its power to err on the side of preserving all legally required documents.  Instead, there is an apparent effort (innocently or intentionally) for a number of years by certain city officials to err on the side of deleting any and all records that document the public’s business and/or delaying and discouraging the public’s access to it via GRAMA requests.

Finally, it is for the above reasons that Cedar Hills Citizens for Responsible Government requested a litigation hold to stop ALL destruction of city records until such a time we determine whether we may need to bring legal action against the City of Cedar Hills or specific officials who appear to have been functioning unethically, incompetently, unprofessionally and/or illegally.  

Therefore, with all due respect Mr. Shaw, our request for the Litigation Hold stands.  

Respectfully,

Ken & Barbara Cromar / Jerry Dearinger  / Paul Sorensen / Curt Crosby & others

    with additional research & endorsement by Sam Bushman of LibertyRoundTable.com for…

CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT

9870 N. Meadow Drive
Cedar Hills, UT  84062

 

 

On Jan 27, 2016, at 6:59 AM, David J. Shaw wrote:

Mr. Cromar,

I am in receipt of your request for a "litigation hold" on all city records. In the future, please direct all such requests to my attention.

 Inasmuch as there is no litigation currently pending by you or others in your group, it is not possible for the city to reasonably anticipate the necessary. scope of any potential litigation hold. 

If litigation commences the city will reasonably comply with all obligations applicable in the context of litigation.

Regards,

Dave

 

—————————

David J. Shaw

Kirton McConkie

 

On Jan 26, 2016, at 5:04 PM, Ken Cromar wrote:
 

 

Mr Bunker,

Please be advised of our request for a litigation hold on ALL city records as we consider possible legal action, including ALL communications from whatever source or place residing including but not limited to personal email, phone, etc. accounts.

Ken Cromar – researcher for 
Cedar Hills Citizens for Responsible Government
former elected Cedar Hills Councilman
9870 N. Meadow Drive
Cedar Hills, UT  84062