Mayor Eric Richardson, despite GRAMA request dated March 5th, asking for all city business emails from “whatever email address”, continues to withhold these public records from the city record.

Additionally, a portion of another  GRAMA request February 10th was also withheld by the city, claiming the document had a “draft” or a “personal note” privilege, despite the fact the information was copied, bound and distributed at an open Nov. 22, 2011 City Council meeting.  By law, GRAMA requests are to be provided within 10 business days, but the stalling continues.

The Utah State Records Ombudsman Rosemary Cundiff has attempted to mediate an agreement to provide the legally requested documents, and supervised a meeting in the Utah State Records Office on Friday May 18, between city residents Ken Cromar and Jerry Dearinger and city representatives attorney Eric Johnson, acting City Manager David Bunker, and Deputy Recorder Gretchen Gordon.  While some progress was made, a number of details remained unresolved.

Mr. Cromar’s GRAMA request anticipated that city officials, including the Mayor and Council members, while doing some city business with their city sponsored email accounts, some business has been conducted using personal email accounts, in what is believed to be an effort to hide critical information from the public.  State law defines “records” as all communications relating to city business, in whatever form, and must be provided to and protected as part of the city’s legal requirement under State Records law.

If the GRAMA requested information is not provided, a June 15, 2012 meeting before the Utah State Records Committee is already scheduled to discuss any outstanding documents.  The State Records Committee has authority to compel the City to comply.  A summary of the May 18th meeting was documented and provided to the City by Cedar Hills Citizens for Responsible Government’s researcher Ken Cromar.  The city attorney responded, “… The City does not agree with your representations below, and rejects them as a summary of what was discussed”, though no examples or clarification was provided.   See PDF of the review…  Review of May 18, 2012 State Record Ombudsman mediation

“RESIGNATION” Contracts

On May 1, 2012 three city officials, City Manager Konrad Hildebrandt, City Recorder Kim Holindrake, and Building & Zoning Official Brad Kearl reportedly “resigned”.  The Deseret News, KSL-5, Salt Lake Tribune, Daily Herald, KUTV-2 news reported this news, but the “resignation” Contracts were not available to the public until now.  Jerry Dearinger GRAMA requested the contracts on May 2, and finally received copies of the three “SEPARATION FROM EMPLOYMENT AND WAIVER AGREEMENT”.

1.)  Konrad Hildebrandt (City Manager – “resigned” May 1, 2012) – who has a pending Utah County investigation for possible criminal misdemeanors, and possible prosecution, may not be entitled to “Resign” and receive up to 9 months of “severance” compensation from a  $112,000 annual salary plus other benefits totaling over $155,000 per year.    How can someone “resign” and be compensated richly  for choosing to leave to avoid possible firing and pending Judge ORDERED investigation?  See contract PDF…  “Resignation” contract – Konrad Hildebrandt – City Manager

2.)  Kim Holindrake (City Recorder “resigned” May 1, 2012) – “Administrative Leave with pay for five weeks…”, followed by a “sum equal to seven (7) weeks of pay plus accrued vacation and sick leave…”.      See contract PDF…  “Resignation” contract – Kim Holindrake – City Recorder

Deseret News reported on May 4, 2012, “One of three city officials here who resigned from their posts Tuesday said she was forced out of her job.  In a prepared statement, former city recorder Kim Holindrake said, ‘On Tuesday, May 1, 2012, I was asked to resign my position as city recorder. There was no cause to release me; it was political.'”   see Deseret News at…  http://bit.ly/ILXKH0

3.)  Brad Kearl (Building & Zoning Official – “resigned” May 1, 2012) – will be paid “a sum equal to twelve weeks of pay plus accrued vacation and sick leave,” and other considerations.     See contract PDF…  “Resignation” contract – Brad Kearl – Building Inspector