Cedar Hills Mayor Gygi  vs.  First Amendment rights & Utah Open and Public Meetings Law

 

Statement by:  Ken & Barbara Cromar 

Tuesday February 16, 2016 City Council Meeting – during PUBLIC COMMENTS

(text and audio highlights only)

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Thanks to those of you who thoughtfully do many good things in an honorable way for the residents of CH.  My family is grateful.

At the last City council meeting, I was abused by the mayor, certain current and former council members, some residents, and ironically a newspaper reporter.  The meeting was stopped and I was singled out for public ridicule (with about 20 Boy Scouts in the room) while quietly recording the proceedings from the side of the room completely out of the way, with no one around me, and without disruption whatsoever — because you said you had an Ordinance that said I had to be at the back of the room.  

Two police Officers were called in to protect me from crowd.

This is not the first time a First Amendment infringement has been attempted by Mayor Gygi. On October 8, 2015, the city managers called two police officers to come to a Golf Finance Committee Meeting to protect me from a hostile crowd incited to near riot by a mayor and golf committee chairman Rick Stewart, both who refused to protect me and my rights to videotape a public meeting.  …

People were kicking my chair, jumping in front of my camera.  One woman put her breasts into my camera lens multiple times in an attempt to block my taping and made threatening gestures. 

No apologies from the mayor or city were ever offered.

October 8, 2016 – CH Golf Finance Committee Mtg – illegal & hostile.  Two American Fork policemen were called in to protect Cromar from the threateing audience members.  Photo captures a quiet moment when audience saw the camera come out, with some hiding.  Ken reported asking the City Manager David Bunker if he would walk him to his car after the meeting for fear of being jumped.   (photo courtesy of Ken Cromar)

 

Well, tonight the Council will be discussing a change to its Ordinance regarding videotaping of public meetings.  The current ordinance was illegal and I believe you should’ve known it.  All of you should have jumped to my defense and the protection of my rights, because you swore an oath to do so when you took office.  

Council, we have a problem.  The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land or Cedar Hills.  The U.S. Constitution is the supreme law of the land, and any statue, to be valid must be in agreement.  It is impossible for a law, which violates the Constitution to be valid as the following Supreme Court precedent states:

“All laws which are repugnant to the Constitution are null and void.”  

     Marbury vs. Madison, 5 US (2Cranch) 137, 174, 176, (1803)

 

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”         

     Miranda vs. Arizona, 384 US 436 p. 491.

 

“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.”  

     Norton vs. Shelby County  118 US 425 p. 442

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[After Ken finished, mayor Gary Gygi stated,

“Mr. Cromar, you and I don’t agree on everything, but you’re 100% right on this.” 

Ken walked back to the podium and asked, “So, I wonder where my apology is from all the other meetings where I’ve been abused, particularly by you mayor?  Is that forthcoming?”  Mayor Gygi responded, “I don’t think I have abused you, but you are 100% right on this issue.”  No apology was offered.]

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[Agenda Item #8 dealt with the proposed revisions to the city’s existing videotaping Ordinance.  Barbara & Ken Cromar read from prepared statement – Barbara starting…] 

At the last Council meeting the mayor disrupted his own meeting to pretend taking offense and to claim that his Council meeting was being interrupted, because Ken was videotaping at the side of the room rather than at the back where the city ordinance claimed he had to be.  You can’t see or hear well the people speaking at this microphone from the back of the room.  All you get is the back of heads and bad room acoustics.  At the side Ken is able to see and hear the proceeding better, and has done so regularly from that position while not interrupting or blocking anyone.  In fact, to Ken’s knowledge he has never disrupted a public meeting.

The ONLY disruptions relating to Ken have been by individuals who chose to take or pretend offense, demanded that they not be videotaped, or protested “Ken’s disobedience” to your unlawful Ordinance.  

This is not new.  Ken has informed you numerous times, as have other professional TV cameramen that the back of the room is not conducive to documenting a public meeting. 

Your intent tonight to revise and tweak around the edges an ordinance that is already “repugnant” to US Constitutional and Utah Open and Public Meetings law is ill advised, presumably by the mayor.  

The only thing you actually have authority to tell us is:

            Yes Mr. Cromar, you can record in an orderly manner and I as a city official will do all in my power to protect your Constitutionally guaranteed First Amendment right.

And to endorse Utah State Open and Public Meetings law, which says:   

 

    All or any part of an open meeting may be independently recorded by any person in attendance if the recording does not interfere with the conduct of the meeting.   

Utah Code Section 53-4-203(5) 

 

Have you heard the adage, “It is the nature and disposition of almost all men, once given a little power and authority as they suppose to immediately begin to exercise unrighteous dominion,” over others?  I know that my family and I certainly feel abused and endangered by this man and his numerous falsehoods and fabrications promoted and created using taxpayer money with the intent to malign and publicly harm us.  I’m aware that many city employees have also felt his abuse and attempted usurpation of power.  

May I respectfully suggest you table this Agenda item tonight and allow the city attorney time to start a new proposed ordinance, if any ordinance is needed at all.  Or, better yet, create an Ordinance adopting State code already in place but with the ADDITION of penalties including possible removal from office of the mayor or any city official who tries to steal or curtail Constitutionally guaranteed rights.

Oh, and by the way, you can say you don’t want to be recorded at a public meeting as the current Ordinance reads, but because this is an Open and Public City Council Meeting under Utah State Code and the First Amendment to the US Constitution, your protestation doesn’t matter to me or anyone else.  If this upsets mayor Gygi and he really doesn’t want to be video taped at a public meeting, he can simply resign his position as the mayor of Cedar Hills, and thereby his wish will be granted.  I would be happy to see his wish be granted.  

Thank you for your time.

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For the complete Statement read into the public record at Cedar Hills City Council Meeting see this PDF… Comment on First Amendment to CH Council Mtg for public

 

For related article on the Council’s response to the Cromar’s Statement and the resulting change see…  http://www.cedarhillscitizens.org/ch-mayor-gary-gygi-vs-first-amendment-and-utah-open-public-meetings-law/

 

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