Friday, October 18, 2013 a conference call requested by Cedar Hills Citizens for Responsible Government (CHCRG) was facilitated by Utah State Archives Ombudsman Rosemary Cundiff to negotiate possible options on fulfillment of our GRAMA request for emails & texts.

The follow-up email was sent yesterday, Monday Oct. 21st, to Rosemary Cundiff, CH City Recorder Colleen Mulvey, CH Attorney Eric Johnson, and CHCRG legal adviser Jerry Dearinger.  The email was also CC-ed to the CH Mayor, Council and City Manager and a few CHCRG members.

We hope the negotiations may resume, therefore, we will not provide further details for now.

Rosemary, Ms. Mulvey, Jerry, and Mr. Johnson,

Thank you all for being willing to attempt a negotiation via Friday afternoon’s phone conference, under the capable guidance of Utah State Records Ombudsman Rosemary Cundiff.  Much appreciated.

We look forward to the follow-up information and research from Rosemary, which will help us, Cedar Hills Citizens for Responsible Government, determine how we may want to proceed.  Our understanding is that the City is not interested in negotiating timing, content, quantity or delivery approach of our October 1st GRAMA request, instead suggesting that we file a new GRAMA request.

While disappointed, we also know we have no control over the City’s decision nor expenditure of legal fees that City officials may choose or not choose to incur as Cedar Hills Citizens for Responsible Government seeks to obtain the public record.  We believe that providing the public documents clearly serves the public interest and should be provided for free, as encouraged, under Utah State Code.   As done last year, once the public record is obtained we intend to share and publish it for the public.  We hope the Records Committee will not be required to make this decision on this again, but recognize that as a possibility.  Nevertheless, we will do what is necessary for public record transparency in Cedar Hills.

We believe that a public record that is properly maintained and easily accessible to the public, not only protects the taxpayers from potentially bad government action, but it also protects the government officials from their own questionable decisions by just knowing the public may ultimately become aware of their words and deeds.  Good, easily accessible public records are a protection.  Everyone benefits by records transparency!

In the meanwhile, may we offer some help on one item?  There was some apparent confusion on if we had ever put a “litigation hold” on CH records.  I think the response from the City was we, “don’t know what you’re talking about,” said more than once.  Below is information, as originally sent May 7, 2012 and subsequently provided to a number of other officials, that may help refresh our collective memory.

We respectfully remind the City, not knowing if the City attorney immediately advised all the parties named in our October 1, 2013 GRAMA request, that because of the GRAMA request as well as the “litigation hold”, that City records, currently maintained by the City Recorder or not, — cannot lawfully be destroyed.  We trust all have been properly advised.

Thanks again for at least being willing to talk.  We will attempt to keep this “open door” negotiation option open as long as possible.

Respectfully,

Ken Cromar
Researcher for…
CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT

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