MAY 5, 2015 – Cedar Hills City Council Meeting
The following document prepared by Paul Sorensen, Curt Crosby, Jerry Dearinger, Ken Cromar & Sam Bushman was read into the record during Public Comments at the beginning of the meeting:
We, as members of Cedar Hills Citizens for Responsible Government, and non-resident radio talk show host Sam Bushman, respectfully invite Mayor Gary Gygi and the City Council to consider a request we make in behalf of a former employee. We believe…
It’s time for the Cedar Hills Council to Correct a Serious Mistake
…Made against former City Recorder Kim Holindrake and restore her 6-years of retirement funding.
With the Change of Legal Representation – and a desire to restore trust with ALL Cedar Hills residents, we hope you’ll allow us to refresh your memory:
On May 1, 2012, 20-year veteran City Recorder Kim Holindrake was removed with a so-called “voluntary” “resignation” , along with then City Manager Konrad Hildebrandt and then Building Inspector Brad Kearl.
On Tuesday May 1, 2012, just hours before that night’s City Council Meeting, reportedly then Mayor Eric Richardson and then-City Attorney Eric Johnson presented 20-year Cedar Hills City Recorder veteran Kim Holindrake a “SEPARATION FROM EMPLOYMENT AND WAIVER AGREEMENT”and told her that if she did not sign the “voluntary resignation” agreement at that time the City Council would be asked to fire her that evening.
For many reasons, we believe this demand of her by Richardson and Johnson was wrong and unconscionable. But, their threat worked. An honest employee’s career career was destroyed and compromised. What was done that day to destroy her career and reputation can’t be fixed, but at least the City of Cedar Hills can move to restore her 6 years of retirement that was compromised during that process.
Those who presented that agreement to her are the ones who should’ve been called into question. And CHCRG did and has as documented on our website www.CedarHillsCitizens.org . As you know, the Mayor resigned to plead guilty to bank fraud, and more recently, new legal counsel services in Kirton & McConkie has been secured. They are now gone. But the damage is not. But you as Mayor & Council are in a position to make some repair to her for what she suffered by providing her the 6 years of retirement that was compromised during that time.
[Editorial NOTE: Please also see May 2012 CHCRG posting…
Daily Herald: “CH Mayor should resign” – 21 year vet City Recorder says she was pushed for “political” reasons
http://www.cedarhillscitizens.org/daily-herald-ch-mayor-should-resign/ ]
Reading highlights from the Agreement that she was forced to sign should serve to firmly establish the unfortunate circumstances and duress she was place under as follows:
Under Item “5. INDEMNITY/COVENANT NOT TO SUE
“I will never sue City….”
“I will not at any time hereafter file, participate in, or become a class member in any other complaints, charges, or legal or administrative proceedings against City…”
“If any board, agency or court assumes jurisdiction of any complaint, charge, or legal or administrative proceeding against City…. I shall request such board, agency or court to withdraw or dismiss with prejudice the matter and use my best efforts to cause the agency or court to withdraw or dismiss the matter…and I will indemnify City (pay) for all damages, costs, and expenses, including a reasonable attorney fees, that City incurs in defending any such matter:…”
“I will not voluntarily communicate or cooperate with or assist any other person, firm or organization that is suing or seeks to sue City…”
Under Item “12. ACKNOWLEDGEMENT OF KNOWING AND VOLUNTARY RELEASE” it reads:
“I have carefully read this Waiver Agreement and I fully understand all of its provisions. I have been encouraged and advised in writing to seek advice from anyone of my choosing regarding this agreement (including my attorney, accountant or tax advisor). Before signing this Agreement, I have been given the opportunity and sufficient time to seek such advice.”
Remember, she was threatened with immediate firing if she did not sign the document at that moment. We believe this is an unenforceable & unconscionable contract that was signed under duress and without the benefit of legal advice under threat of termination which would amount to firing “with cause” which meant termination of health benefits and any severance pay.
This travesty was forced on one of the finest and most honest employees the City of Cedar Hills has ever had or could hope to have.
Respected by her peers in the State, 20-year veteran Kim Holindrake had just been elected to serve as the new President of the Utah State Recorders Association. Instead, her career was cut short under questionable circumstances. It wasn’t right. It wasn’t fair. Her career and profession were unnecessarily compromised, and her ability to defend herself muzzled by a highly questionable contract. Ms. Holindrake didn’t know such an onerous contract was questionable, but pursuant to CHCRG’s legal analyst Jerry Dearinger’s research we have determined that the agreement is likely unenforceable.
In an amazing and notable moment of instant karma, the very next day, May 2, 2012, Mayor Richardson was charged with allegations of fraud in Federal Court. Despite CHCRG, a petition by Angela Johnson, and the Daily Herald editorial staff calling for his resignation, he did not.
We members of Cedar Hills Citizens for Responsible Government respectfully invite Mayor Gygi and the City Council to take advantage of this opportunity to at least make restitution to her name and reputation by doing the right thing and restore the 6-years of retirement she earned in service to all Cedar Hills residents during her 20 years.
We invite a response in writing from the Mayor, Council and City Manager, to inform us of your thoughts and intentions regarding this request.
Respectfully,
Paul Sorensen, Curt Crosby, Jerry Dearinger, Ken Cromar & Sam Bushman
CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT
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