Larry Ellertson                       Doug Witney – (former Comm) 

 

 

 

 

 

 

Gary Anderson – ​(former Comm)     

  (Utah County Comm .gov photos)

 

Three former Utah County Commissioners who refused to help Cedar Hills Citizens for Responsible Government have CH leaders investigated, are now under legal scrutiny themselves.  

Gary Anderson charged is charged with four felonies and a $500,000 cash only bail.  A complaint has repoertedly been filed with state Attorney General's office against current Comm. Larry Ellertson & former Comm Doug Witney for contributions & considerations including flight to Switzerland from Snowbird.  

 

Doc show that CH mayor Gary Gygi was scheduled to go to Switzerland on same trip but withdrew just prior, but faces ongoing questions by Preserve & Protect American Fork Canyon supporters regarding his involvement with Snowbird and missing related GRAMA requested records …  http://www.cedarhillscitizens.org/preserve-protect-af-canyon-to-mayor-gygi-please-answer-questions-fulfill-grama-requests/

All three were Commissioners when five Cedar Hills Citizens for Responsible Government representatives met the three and sought their help to compel the County Attorney Jeff Buhman to obey Judge Taylor's ORDER to investigate complaints filed in Fourth District Court against former CH Mayor Eric Richardson and former City Manager Konrad Hildebrandt.  Buhman ignored Judge Taylor and did not respond to the Judge's written request for explanation.  Consequently, Richardson & Hildebrandt were not investigated by Buhman, though shortly thereafter Richardson suddenly resigned as CH mayor to face Federal charges of bank fraud and pled guilty to serve 366 days in prison and pay $110K in restitution.

See CHCRG article….  http://www.cedarhillscitizens.org/cedar-hills-mayor-accused-of-2m-investment-scheme-city-officials-resign/

      &    http://www.cedarhillscitizens.org/mayor-charged-with-bank-fraud/ 

Had the three Commissioners required Buhman investigate, CH residents may learned the truth about multiple complaints resulting in additional charges.  Many CHCRG supporters are not satisfied that the truth about CH government corruption was not cleaned up thanks in part to an unresponsive County Attorney and three Utah County Commissioners of character currently under question….

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Ex-Utah County commissioner charged with posing as LDS Church officials

Ex-politician, businessman each face four felonies

By Pat Reavy, Deseret News

Published: Mon, Feb. 22, 2016, 12:20 p.m. MST

Former Utah County Commissioner Gary J. Anderson was charged Monday with three counts of communications fraud, a second-degree felony, and one count of pattern of unlawful activity, a second-degree felony. Prosecutors say he and businessman Alan Dean McKee impersonated LDS Church officials as part of a business deal.   (Utah County Commission photo)

 

SALT LAKE CITY — A former Utah County commissioner and a businessman whose company was once named Utah County Business of the Year were each charged Monday with communications fraud for allegedly posing as LDS Church leaders to defraud a construction company out of $1.2 million.

The Utah Attorney General's Office filed the criminal charges in 3rd District Court against former Commissioner Gary Jay Anderson, 68, of Springville, and Alan Dean McKee, 56, of Benjamin. Each is charged with three counts of communications fraud and one count of engaging in a pattern of unlawful activity.

All four charges are second-degree felonies that each carry potential penalties of one to 15 years in prison.

For complete article…  http://m.deseretnews.com/article/865648304/Ex-Utah-County-commissioner-charged-with-posing-as-LDS-Church-officials.html?pg=all%3Fref%3Dhttp%3A%2F%2Fm.facebook.com

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Former Utah County commissioner charged with impersonating LDS authorities

Kurt Hanson Daily Herald – Monday February 22, 2016

A former Utah County commissioner and another businessman were charged Monday in Third District Court for fraudulently posing as authorities with The Church of Jesus Christ of Latter-day Saints.

Court documents state former commissioner Gary Anderson and Alan McKee, owner of Ophir Minerals and Aggregate LLC, defrauded Ames Construction and other contractors in an attempt to invest in a large industrial park in Elberta called the Tintic Rail Line.

According to the charging documents, Anderson, 68, and McKee, 56, commenced a scam in 2013 against Ames Construction and two individuals.

McKee reportedly submitted multiple letters to Ames Construction, fraudulently identifying himself as various individuals associated with the LDS Church. McKee used letterhead that appeared to be church letterhead to convince Ames Construction he was “in the midst of developing a large industrial project with the LDS Church near Elberta,” court records state.

For complete article… http://www.heraldextra.com/news/local/crime-and-courts/former-utah-county-commissioner-charged-with-impersonating-lds-authorities/article_8de7cf41-436f-59bc-b88d-3b9a5cf934c0.html 

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Commissioner Larry Ellertson      Former Comm Doug Witney 

(utah county .gov photos)

Attorney general's office receives complaint against Utah County commissioners

January 21, 2016 2:00 pm  –  Daily Heral

The Utah Attorney General’s Office confirmed a complaint has been filed asserting a Utah County commissioner and a former commissioner accepted high-end gifts in 2013.  

“I did find out a complaint was filed. I cannot confirm or deny an investigation, but we have received a complaint,” said Missy Larsen, the chief communications officer for the attorney general, on Tuesday. 

Alpine resident Bruce Dew said he filed a complaint Jan. 4 with the state attorney general against Commissioner Larry Ellertson and two other commissioners, who reportedly accepted and took a trip with other politicians to Switzerland in 2013 on a jet provided by Snowbird.

“My interest here isn’t for or against Snowbird," Dew said. "I love to ski. I like expansion if it’s done properly and protects our water rights, our environment."

While some Salt Lake politicians paid for their flight, hotel and tour expenses out of their own personal accounts, Ellertson said in a November phone interview he does not know who paid for his trip. Ellertson did not return calls Tuesday or Wednesday.

“What has really gotten me in a tizzy, has really gotten me upset and spending a lot of time going to meetings was the fact that this commission, two commissioners … [and their] apparent unlawfulness or breaking policy that Utah County has with respect to their connection to Snowbird,” Dew said.

He said he wants to know who paid for Ellertson and former commissioner Doug Witney to go on the trip.

 

For complete article…  http://www.heraldextra.com/news/local/attorney-general-s-office-receives-complaint-against-utah-county-commissioner/article_1db360cb-a1ec-5457-9668-9053a1dfc4df.html

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Who paid for Utah elected officials involved with Mountain Accord to go on private jet?

BY KUTV   WEDNESDAY, DECEMBER 9TH 2015

 

(KUTV) Three Salt Lake County area mayors and Two Utah County commissioners took a trip to Switzerland on a private jet in 2013.  

Snowbird Ski Resort organized the trip. Mayors say their governments paid their way or they used the political funds they have for special expenses.

"Who paid? I'm not sure who actually participated," said Utah County commissioner Larry Ellertson, who participated in the trip.

"Snowbird was the one that invited us," he says.

The jet was supplied the Ian Cumming family, and they have since purchased a major interest in Snowbird Ski Resort.

For complete article …  http://kutv.com/news/local/who-paid-for-utah-elected-officials-involved-with-mountain-accord-to-go-on-private-jet

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Highlights from Preserve & Protect American Fork Canyon  &  American Fork Canyon:

 

Accountability in Leadership

High Crimes & Misdemeanors article…

Accountability in Leadership

 

 

 

 

 

 

 

 

 

 

see….  FACEBOOK – Preserve & Protect American Fork Canyon 

https://www.facebook.com/ProtectAmericanForkCanyon/?fref=ts

 

 

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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)

­­­______________

 

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

________

 

[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.]

________

 

[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.

­­__________

 

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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After months of "abuse" by Mayor Gygi and his supporters, "harassing" CHCRG researcher Ken Cromar, inhibiting his First Amendment right to freely videotape public meetings, the issue was finally settled at the February 16^th City Council meeting. 

The winner?  The Constitution & Utah State Code code & CH residents!  

February 2, 2016 CH City Council Meeting – Ken Cromar's "disruptive" and "interrupting" camera quietly sits off to right side of room blocking no one or within 15 feet of anyone. (photo courtesy of Ken Cromar)

 

Mayor Gygi and his misinformed supporters lost, resulting in the City Council voting to change the city code.  Gratefully, Mayor Gygi surprisingly concedes later on Feb 16th, 

"Mr. Cromar… is 100% right on this issue."  

Listen to the audio here…

 

Additional audio highlights from February 2 &16, 2016 City Council meetings available below.

_________

 

Cedar Hills City Council Meeting – February 16, 2016

At the beginning of the meeting, before the City Council discussed tweaking the Ordinance, Ken & Barbara Cromar read a prepared statement into the record during public comments regarding the illegality of the existing Ordinance.

The Cromars stated that at a golf committee public meeting October 8, 2015, two police officers were called in by the city managers to protect Ken from potential violence against him and his peaceful, non-disruptive videotaping.

 

Their Statement also explained that Ken has been harassed, publicly ridiculed, endangered and maligned by Mayor Gygi and his misinformed supporters who have regularly tried to hinder Mr. Cromar’s free access to recording of public meetings so long as he doesn’t disrupt the proceedings.    No one is aware of any occasion he has disrupted a meeting, though Mayor Gygi and his supporters have interrupted their own meetings numerous times pretending that Ken was somehow disrupting the meetings despite his silently recording the meetings from the side of the room, away from the group, blocking no one or any walkways.  

 

Audio exerpts from the February 2, 2016 City Council Meeting highlights their claim that Mayor Gygi, Councilman Daniel Zappala, and former Councilmember Cherrel Hagen interrupting the meeting, and Mayor Gygi threatening to  have Ken Cromar removed and/or press charges against him here…

 

The Cromars stated that the City ordinance was illegal and hence null and void, and did not need to be followed because it infringed on their first Amendment rights and the State’s Utah Public and Open Meetings Act code.  

The Cromars also quoted three Supreme Court findings have stated on numerous occasions various times and ways that:

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

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

 

After Ken’s first portion of comments were read into the record, Mayor Gygi stated, “Mr. Cromar, you and I don’t agree on everything, but you are 100% right on this.” 

Ken walked back to the microphone 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.  

Listen to various February 16th Council Meeting highlights of the Cromars' presentation of their Statement regarding abuse, Mayor Gygi's admission Ken is "100% right on this issue" and denial of abuse, and the Council's debate and vote on changes to the city's existing videotaping ordinance…

 

Ken concluded reading their Statement with…

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 videotaped 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.  

(For a PDF of Ken & Barabara Cromar's complete Statement read into the public record during public comments Feb 16, 2016 see this CHCRG article here… http://www.cedarhillscitizens.org/statement-ken-barbara-cromar-city-harassed-with-illegal-ordinance/ ) 

 

After the Cromar's read their Statements, the City Council deliberated the proposed tweaks to the existing CH Code 1-5-7- PHOTOGRAPHY AND RECORDING AT PUBLIC MEETINGS.  Councilman Rob Crawley questioned if any ordinance was necessary at all in light of the Utah Open and Public Meetings Act already in place?  City attorney David Shaw agreed that it covered the issue, but that the council can elaborate if they want to.  Crawley recommended no ordinance.  Council member Jenney Rees immediately made a motion to accept the ordinance as tweaked in the Work Session (no details available) and with Councilman Zappala’s addition to include the back of the room as well as a city approved place to record too, and also disallow cords or cables being allowed in walk ways etc., “for safety reasons”. 

Gygi called for a vote.   Zappala – Aye.  Rees – Aye.  Geddes – Aye, though he was late, missed much of the discussion, and might have recused himself from the vote.  Crawley – Nay.   And new Councilmen Ben Bailey courageously voted – Nay.    Revised videotaping ordinance passed 3 to 2. 

The two Council members voted against it because they preferred to scrap the Ordinance all together in favor of the Utah Open and Public Meetings Act code already in place – which they believed made a city videotaping Ordinance unnecessary.

Ironically, there were a number of city microphone and power cords in the walkways of which photos were taken.  

February 16, 2016 –  CH Council meeting night ordinance was tweaked to remove un-Constitutional provisions and add “no cables in walkways to endanger the citizens”, at the very moment the city was doing just that.  Note:  Mr. Cromar reports his camera has always been wireless and without use of any power or microphone wiring. (photo courtesy of Ken Cromar)

 

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OPEN LETTER

 

February 4, 2016

 

RE:   INVITATION to CH Mayor Gary Gygi to prove allegiance to Cedar Hills residents desire to preserve & protect American Fork Canyon from Snowbird encroachment of our public lands at Utah County Board of Adjustments meeting TONIGHT

 

Cedar Hills Mayor Gary Gygi,

You claimed at Tuesday’s February 2, 2016 City Council meeting that “everyone knows my position” regarding those who want to preserve and protect American Fork Canyon vs. Snowbird development efforts.  You also stated the same at the July 7, 2015 City Council meeting and that you’ve now heard the desire of the majority of Cedar Hills, and will set aside personal desires regarding AF Canyon (including your hope for the construction of a gondola) and will represent the will of CH citizens.  Whether you’ve done so remains open to debate, but you have a wonderful opportunity at the Utah Count Board of Adjustments Committee meeting tonight to be clear, as they consider a very important decision regarding the future of American Fork Canyon.

Unless you can provide a recorded public declaration of your leadership in favor of your citizens desires to preserve and protect American Fork Canyon against environmentally compromising development efforts by Snowbird, your claim rings hollow.   As the lead Researcher in behalf of Cedar Hills Citizens for Responsible Government, not aware of any actual documented declarations to date.  (www.CedarHillsCitizens.org) 

To the contrary, there are many documents including emails and your own Mayor’s Minute from the July 2015 city newsletter (http://www.cedarhills.org/node/3753) which indicate that you are more favorable to your agenda and Snowbird’s efforts, than to the desires of CH residents.   Many are confused, and left to conclude you have not been fully honest with Cedar Hills and Utah County residents. 

INVITATION:  May I invite you to personally and definitively make your position abundantly clear tonight, at the much discussed 5:15 p.m. Utah County Board of Adjustments meeting (Utah County Commission Chambers / 100 East Center street, suite 1400, Provo http://www.co.utah.ut.us/Dept/ComDev/Planning/BOA.asp).  I propose the you make public comment along the lines of: 

I, Gary Gygi, as the Mayor of the City of Cedar Hills and an original member of the now disbanded American Fork Canyon Vision Committee declare my disappointment that Snowbird officials did not initially inform me of their intent to secure land swaps up American Fork Canyon and their intent to use my influence, as well as other Utah County mayors and Utah County Commissioners to whom they made campaign contributions and provided various considerations — to their benefit against the greater interests of Cedar Hills & Utah County residents.   

 

Therefore, I respectfully request that this Utah County Board of Adjustments Committee table this agenda item regarding Snowbirds’ development request, until such time as Snowbird’s efforts to develop and encroach on public lands and water sheds, and other interests, can be fully and properly investigated and Snowbird's research claims vetted.  Thank you.

 

 

This clear and definitive declaration at tonight’s meeting will not only help me and many others believe you represent the desires and interests of Cedar Hills and Utah County residents on this issue, but more importantly help to curtail the efforts by Snowbird to secure greater advantages over the desires of thousands of Cedar Hills and Utah County residents to preserve and protect the unique and pristine nature of our public lands.  

Respectfully,

Ken Cromar – researcher for 
Cedar Hills Citizens for Responsible Government
former elected Cedar Hills Councilman (1994 to 2000)
9870 N. Meadow Drive
Cedar Hills, UT  84062
801-785-5900
 

 

 

Preserve & Protect AF Canyon group appears to be making serious efforts to hold elected officials accountable and to obey the law.  This includes the proper fulfilling of GRAMA Requests, — a grave concern CHCRG readers are well aware of regarding our GRAMA request.  see… http://www.cedarhillscitizens.org/open-letter-chcrg-to-city-stop-destruction-of-city-records/

 

The following information related to www.AmericanForkCanyon.com which has a website full of many valuable documents and insights and a Daily Herald article about complaint against Utah County commissioner.  And you may want to join in the conversation at their FACEBOOK page https://www.facebook.com/ProtectAmericanForkCanyon/?fref=ts 

 

ACCOUNTABILITY IN LEADERSHIP – Article

High Crimes and Misdeanors:  Removing Public Officials from Office in Utah and the Case fro Recall

by Timothy Pack

http://americanforkcanyon.com/accountability-in-leadership/

 

 

Attorney general's office receives complaint against Utah County commissioner

January 21, 2016 2:00 pm

The Utah Attorney General’s Office confirmed a complaint has been filed asserting a Utah County commissioner and a former commissioner accepted high-end gifts in 2013.

“I did find out a complaint was filed. I cannot confirm or deny an investigation, but we have received a complaint,” said Missy Larsen, the chief communications officer for the attorney general, on Tuesday. 

Alpine resident Bruce Dew said he filed a complaint Jan. 4 with the state attorney general against Commissioner Larry Ellertson and two other commissioners, who reportedly accepted and took a trip with other politicians to Switzerland in 2013 on a jet provided by Snowbird.

For complete article see…   http://www.heraldextra.com/news/local/attorney-general-s-office-receives-complaint-against-utah-county-commissioner/article_1db360cb-a1ec-5457-9668-9053a1dfc4df.html 

 

Thanks to Mark Allen and thousands of like-minded friends at Preserve & Protect American Fork Canyon!  Keep up the great work!!

 

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Preserve & Protect AF Canyon group has had difficulty in getting straight answers and GRAMA requests fully provided from our CH Mayor Gary Gygi too.  CHCRG can definitely relate to their disappointment.

At the AmericanForkCanyon.com website are the following postings:

 

WHAT DID MAYOR GYGI KNOW IN 2013 ABOUT SNOWBIRDS PLANS FOR AF CANYON? WHAT DID HE KNOW ABOUT THE LAND SWAP?

What did Mayor Gary Gygi of Cedar Hills know about Snowbirds plans?

http://americanforkcanyon.com/grama-request/what-did-mayor-gygi-know-in-2012-about-snowbirds-plans-for-af-canyon-what-did-he-know-about-the-land-swap/ 

 

 

A January 30, 2016 posting by Protect American Fork Canyon Facebook to Cedar Hills residents, includes the following:

"Attacking processes and lack of transparency is not fun, but at times necessary. We suggest that a third party scour the emails of your mayor and city manager, rather than the individual themselves. In SL, the records officer or an attorney produces the records. Frankly Utah County allows the individual who has the GRAMA to pull their own records, we've found that problematic at the city and county level. 

"This should be a concern.. it is to us… confidential document outlining SB's plans.. back in 2013… Why did Mayor Gygi have this or ask to have this? Does this information go back to 2012-2013? Land swap is also referenced.. this is worrisome to our group. The vote on Feb 4th should be the concern. The points of pollution for decades from private land in upper AF Canyon should be a concern. …"

"…My suggestion? Have your city attorney, city recorder, Ben Bailey, Mike Geddes, Daniel Zappala sit together and pull the GRAMA responses from the Mayors email account. Simple.. really."

(Partial list of documents they've obtained are posted there.)

https://www.facebook.com/ProtectAmericanForkCanyon/posts/1683070285312016

 

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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

 

 

Tuesday, December 29, 2015

I Support A Citizen's Initiative On The Future Of The Golf Course

 

This past year has been an intense one for me on the City Council because of the controversial subject of the golf course.  I believe I have a unique perspective of the golf course and of the process that has been followed by the city as I have discussed how the golf course came to be with as many people involved as possible and I have researched into the finances of the golf course for approximately four years.

Following are the conclusions that can be drawn from this research:

 

1)      The first year of operations in the golf course the city invested $7,114,000 into the golf course fund.  This included the initial purchase price of the golf course and other cash needs to begin operation of the course.  This was funded mostly by debt.

2)      Since the first year, through 2014, the city averaged $520,000 of investment into the golf course yearly.

3)      The total investment into the golf course after 10 years (through 2014) was a little over $12 Million.

4)      The city will continue to need to invest in the golf course an average of approximately $500,000 ($200 per household) per year until the golf course bond is paid off in over 20 years unless the city decides to sell some property to developers to pay off the bond earlier.

5)      Contrary to what some would have you believe, the city/residents do have options regarding the golf course, including changing the use to parks.

6)      If the residents chose to change the golf course to parks through an initiative process, I estimate over $4 Million in savings for the city.  This is after investing $4 Million to convert the golf course into parks, which would allow the city to have nice park amenities.

7)      The legal obligations and hurdles are manageable when considering changing the use of the golf course.

8)      Home values of those very close to the golf course could be negatively affected by changing the use from a golf course to parks.

9)      Changing the use of the golf course would require selling holes 1-9 of the golf course that are located in Highland.  It would also require selling 30 of the approximately 100 acres of golf course space located in Cedar Hills to a developer.  This is the area East of Canyon road.

 

Those that live close to the golf course have made it very clear that they would like to keep the golf course and continue having the city invest in maintaining the golf course.  This will continue to cost all residents in the city, whether they benefit directly from having the golf course or not.  If the majority of city residents want to continue to subsidize the golf course, then the golf course should stay.  If the majority do not want to continue to subsidize the golf course and would rather subsidize parks, the golf course should be converted.

I suggest that a resident initiative process be started and that the future of the golf course be voted on in the next election period (2016).  The residents have been given a lot of truth regarding the golf course that they had previously been lacking.  They are now in a position to make a very intelligent decision regarding the golf course.  This issue has been a difficult issue in the city for many years causing much conflict and anger among the residents.  I feel that we are finally in a position to end the conflict through a vote and then live with our choice after this.

Many have said that we have had votes regarding this issue.  I would agree that we have had a vote, but the information presented by the city prior to this vote was very inaccurate.  We now have accurate historical information on which to base a future decision and I believe that everyone in the city would stand by the majority of a vote at this point.

The reason I have chosen this past year (2015) to focus on this issue is because there are some real needs on the golf course.  For instance, if we are to continue operating the course indefinitely, we will need a golf course maintenance shed for our equipment.  This will cost between $300,000 and $380,000.  We also have an issue where many stray golf balls from the driving range threaten damage and injury to residents and those passing by the golf course.  This will take money to resolve.  We need to be united as a city before we continue to spend large amounts of money on the golf course.

In order to have a citizen's initiative and a vote on the next ballot, a resident of Cedar Hills would need to initiate the process and obtain a required amount of signatures from registered voters.  Personally, I would support this process and will support the decision of the residents, I only want peace and unity in the city regarding this issue.

 

Cedar Hills Councilman Rob Crawley

 

Copied from http://cedarhillsrob.blogspot.com 

 

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Top 10 Stories of 2015 forthcoming

Election Recap forthcoming