Mayor Gary Gygi is pushing for a $2 million bond (tax increase) for pressurized irrigation meters on every home

CEDAR HILLS CITIZENS FOR RESPONSIBLE GOVERNMENT applauds Councilman ROB CRAWLEY for his brave and honorable leadership on this important issue!

Please come to a special Town Hall Meeting, Thursday August 14th, 7:00 p.m. at the CH Golf Clubhouse.

To thank & support & ask questions, contact Councilman Rob Crawley at rcrawley@cedarhills.org

Please encourage and applaud other Council members who join Rob’s reasonable and wise position.

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Cedar Hills leaders stand their ground: no money, then no records, they say

Cathy Allred Daily Herald / Sunday June 29, 2014 – front page

CEDAR HILLS — City leaders are standing their ground about releasing any information, including signed affidavits, for those seeking information through the Government Records Access and Management Act (GRAMA).

Cedar Hills city officials and north Utah County residents who have made records requests of the city reached a mediation agreement that city leaders would sign and notarize affidavits stating the elected officials and city staff did not conduct government business through personal emails, texts or phones.

“As of yesterday, I looked into the audio recording of the meeting and they said that they will. That is a real simple thing just to sign the affidavit,” said Ken Cromar, Cedar Hills Citizens for Responsible Government (CHCRG) representative and former council member.

At a mediation meeting earlier this month with a state official, city leaders said they were ready to sign an affidavit according to Sam Bushman, a nationally syndicated talk show host for LibertyRoundTable.com and Cromar, who recorded the session.

So far those affidavits have not been produced.

Because of the discrepancy in expectations from the mediation meeting, the mediator Utah State Records Ombudsman Rosemary Cundiff is seeking to arrange a second mediation session.

Cedar Hills mayor, Gary Gygi, said the city staff and representatives would not be agreeing to another mediation meeting.

Read the complete article…

http://www.heraldextra.com/news/local/north/cedar-hills/cedar-hills-leaders-stand-their-ground-no-money-then-no/article_4fd05009-2356-590c-87d9-2cbde935d3f4.html

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Today is primary election day in Utah, when parties vote on who will represent them on the ballot in November.  Because most of Utah County is Republican, races are often decided in June, — today.

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Photo by Todd Heisler – Rocky Mountain News

On this Memorial Day, to those who sacrificed all, so that we might enjoy Freedom — your friends at Cedar Hills Citizens for Responsible Government say Thank You!  May God bless you and your families! Please enjoy this song dedicated to those whose ultimate gift we can never repay called, “Love is Stronger”.

http://www.miraclesthemovie.com/love-is-stronger.html

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PowerPoint presentation by Joel Campbell

• Freedom of Information Committee

• Society of Professional Journalists

• Associate Professor – BYU Dept. of Communications

What do you know about Utah GRAMA open records law & the national Freedom of Information Act  (F.O.I.A.)?

BYU Prof. Campbell wrote a column for the Salt Lake Tribune regarding Cedar Hills Citizen’s for Responsible Government’s 2012 GRAMA request for emails called, “Cedar Hills case shows scars of fight for open government”.   See complete article via… http://www.cedarhillscitizens.org/sl-tribune-daily-herald-come-to-our-defense/

Why the need for “open records”?  Joel Campbell shared a PowerPoint presentation he prepared for his Journalism class answering some of those questions of how and why Freedom of Information law has been created.   Download the PowerPoint presentation here and click “Read Only”…     Joel Campbell BYU Prof – utfoiupdate.1

An example of the content includes quotes & quiz questions like this:

“When information which properly belongs to the public is systematically withheld by those in power, the people soon become ignorant of their own affairs, distrustful of those who manage them, and — eventually — incapable of determining their own destinies.”                          Quote is by   Lincoln? / Clinton? / Nixon? / Kennedy?

Liberty cannot be preserved without a general knowledge among the people, who have a right and a desire to know.     –     John Adams

Let the people know the facts, and the country will be safe.     –    Abraham Lincoln

We must never forget that the free flow of information is essential to a democratic society.     –    Bill Clinton

What are the General Goals of having Open Records?

• Increase transparency and openness
• Increase accountability and decrease corruption
• Improve the quality of government decision-making
• Improve public understanding of decision-making
• Increase public participation
• Increase public trust
• Increase security

Right to know

• Proactive

The positive obligation of public bodies to provide, to publish and to disseminate information about their main activities, budgets and policies so that the public can know what they are doing, can participate in public matters and can control how public authorities are behaving.

NOTE:  See the complete PowerPoint above.

CHCRG believes…

that some critically important information has been intentionally withheld by the City, from its citizens, buried within multiple, confusing sources.  The proof?  Despite numerous requests over the past two years, the Mayor & Council refuse to publish a report to “shareholder” citizens (their bosses) of a simple table showing the year-by-year golf course losses and taxpayer subsidies.  Why?  It appears they are afraid that if you knew of the $550,000+ per year with 20 more years of the same “investment” likely until golf bond is paid off – you’ll stop trusting them.

Cedar Hills Citizens for Responsible Government seeks only to promote “open, honest, and transparent” city management in Cedar Hills – and has and continues to seek the public record via occasional GRAMA requests, so that important public information can be posted at www.CedarHillsCitizens.org at for FREE, in your behalf and in the public interest.

Those who would like a FREE copy of the PDF of the 6000 pages of the 2012 email records may send an email with that request to info@CedarHillsCitizens.org .

When the 2014 GRAMA request is finally fulfilled by the City, those too will be made available for FREE for the asking as a public service to serve the public interest!

Mayor Gary Gygi still claims “nothing of any significance was discovered in the 2012 email records”. The facts do not support him.  So much was discovered in the 2012 records, including the most significant fact that the Mayor, Council and City Officials had done a significant portion of city business on personal accounts without providing all copies back to the City Recorder as required by law – until our GRAMA request and then ORDERED by the Utah State Records Committee.  The city admitted that some of those records on personal accounts were allowed to be destroyed.

Why was the 20-year veteran City Recorder Kim Holindrake forced out at the time of CHCRG’s 2012 GRAMA requested of Mayor & Council member email records?  Some believe that the Mayor and Council decided to find her “insubordinate” and force her resignation in order to silence her, because she insisted on obeying her oath to uphold the law rather than do what some officials were asking her to do.  She should be touted as a hero of honesty.  See her press release article at…  http://www.cedarhillscitizens.org/daily-herald-ch-mayor-should-resign/

What is the City trying to hide from you and Cedar Hills Citizens for Responsible Government in our 2014 GRAMA request for their email records?  We would like to find out.

CONTACT THE CITY COUNCIL: Ask the Mayor and Council to come clean.   Ask them to provide the email records to for FREE in the public interest.   Ask them to publish the year-by-year Golf Financial Facts.  Encourage them to please choose to be completely “open, honest and transparent” with CH residents at all times.

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Cedar Hills Citizens for Responsible Government’s (CHCRG) legal analyst Jerry Dearinger respectfully corrects the record, as requested by city officials:

On December 26, 2013, a meeting was held regarding Cedar Hills Citizens for Responsible Government’s (CHCRG) October 9, 2013 GRAMA Request for email/text records.   Mayor Gary Gygi, Councilmember Jenney Rees, City Manager David Bunker, City Attorney Eric Johnson and CHCRG members Jerry Dearinger & Ken Cromar attended.

During the meeting the city attorney felt it necessary to discuss an issue from 2012 regarding the County Attorney’ “investigation” of then Mayor Eric Richardson and City Manager Konrad Hildebradt.  The city attorney believed CHCRG had been mistaken in our understanding that County Attorney Jeffrey Buhman had not investigated charged filed in District Court, as Ordered by Judge Taylor.  The city attorney believes, and has advised the Council that Mr. Buhman had indeed  “investigated”, and demanded our reply and correction.

Our position is that County Attorney Jeffrey Buhman did not, would not, and has never claimed to have “investigated” the charges, as Ordered by Judge Taylor, even when offered the opportunity by the Judge to do so in a court brief August of 2012.

Jerry Dearinger’s response to City’s claim of “Investigation” corrects the record, published now for CH residents, after the State Records Appeal for Hearing filing proved necessary, — as follows:

From: Jerry Dearinger <jwdearinger@gmail.com>

Subject: Re: Response to Eric Johnson email regarding County Attorney “investigation”

Date: January 21, 2014 12:52:50 AM MST

To: Gary Gygi <ggygi@cedarhills.org>

Cc: David Bunker <dbunker@cedarhills.org>, jrees@cedarhills.org, taugustus@cedarhills.org, dzappala@cedarhills.org, rcrawley@cedarhills.org, mgeddes@cedarhills.org, Ken Cromar <kencromar@bluemoonprod.com>, Ken Severn <ksevksev@gmail.com>, Paul Sorensen <paulsorensen7@gmail.com>

“Mayor Gygi,

“May I begin by adding my thanks to you and the other representatives of the City for taking the time to meet with Ken Cromar and me on December 26th.  While it is clear to me that we see a number of things differently, depending on our particular perspective and experiences, hopefully we have opened a dialogue that will eventually result in substantially narrowing our differences and help each of us to begin to see from the other side.

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… “In response to an April 26, 2012 emailed letter from Sorensen-Severn presenting additional information or evidence, Mr. Buhman sent the following email to them on or about May 3, 2012:

• “Our investigators have the information you emailed to our office.  They will review the information as they are able and will make a recommendation to me about whether to conduct an investigation.  I anticipate that will take a few weeks.  If you have any questions please feel free to contact our Bureau of Investigations (emphasis added).”

“I believe the foregoing statement further supports my (and I believe Ken’s) position that Mr. Buhman’s office did not conduct “an investigation,” as was contemplated by Mr. Buhman under Judge Taylor’s January 2012 Order.  Mr. Buhman did not further communicate with any of us, but other personnel in his office verbally communicated that no investigation had been undertaken.

“In the end, the status of Mr. Richardson’s and Mr. Hildebrandt’s activities with respect to their offices of trust within the City of Cedar Hills remains unresolved.  We do not know whether the accusations made were “baseless,” as claimed by you in a September 20, 2012 press release, or whether they were valid claims of impropriety, as apparently suspected by Mr. Sorensen and Mr. Severn, as well as others of us.  No investigation into the veracity of their claims was ever made.  The statement of the County Attorney that he did not believe the “six areas” identified, if true, violated what he believed were “criminal statutes” does not address the question as to whether they were true or not, or whether they violated Utah Code Section 10-3-826.  We may never know, as we certainly did not have the time or money to pursue much more expensive avenues to find out, and both men are now gone from Cedar Hills government.

“I hope this particular discussion is at an end. I also hope that each of us learns something from the history of this matter, so that some of the pitfalls and ruts in that road can be avoided, and that we can develop sufficient amicable communication and openness that will help to avoid such distrust and adversity as we have seen in the past.  Things have much improved and hopefully they will continue to do so.  I believe all government, good or bad, requires close attention by the citizenry and needs to be challenged from time to time; but hopefully it can be with greater trust and respect from all sides.

“Unless you have some good reason to respond to this, it will be unnecessary to do so.”  …

“Jerry Dearinger

Member of Cedar Hills Citizens for Responsible Government”

For complete letter please see PDF…   Jerry Dearinger’s response to City’s claim of _Investigation_

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In conclusion, CHCRG has been asked to correct the record.  We believe we have.

While it is true, as the city reports, that Judge Taylor concluded he had no authority to enforce his ORDER to the County Attorney to investigate, CHCRG did not, nor does not now believe that this in any way vindicated or proved innocence of former Mayor Eric Richardson & City Manager Konrad Hildebrandt.

We also believe it a significant and unfortunate fact that the City hired attorney Peter Stirba to represent them at the same time Stirba also provided legal services for the County Attorney’s office.  To us this appeared an unethical conflict of interest, requested by city officials, which did not protect, and indeed harmed the interest of Cedar Hills’ residents.

Mr. Stirba’s analysis was apparently accepted by the County Attorney, though according to him and his office admitted on a few occasions, in writing, that they had not “investigated”.

CHCRG has gotten accustomed to having our efforts and motives mischaracterized by the City to CH residents in its publications, website and on the City Councilman Zappala moderated www.AboutCedarHills.org Forum.

Nevertheless, now that we have done as the city requested in correcting the record, and we hope the City will do the same. CHCRG respectfully invites the City to consider correcting the erroneous conclusions for CH residents, as documented in the final paragraph published on the city website September 20, 2012 under the title, “Investigation”, which reads:

• “As the Utah County Attorney did properly investigate the allegations made by Mr. Severn and Mr. Sorensen, the Court denied the request of the accusers to issue a writ or order to review the investigation as the Utah Constitution prohibits any attempt by the courts to assume management of an investigation.  “We are pleased with the decision made by the Court,” stated Mayor Gary Gygi. “It is baffling as to why Mr. Sorensen and Mr. Severn continue to pursue these baseless allegations as Mr. Hildebrandt and Mr. Richardson resigned their positions earlier this year and no longer serve the City in any capacity. City staff and officials are looking to the future and it is our hope that these residents will do the same.” http://www.cedarhills.org/node/1685 (emphasis added)

“Open, honest and transparent” government is our shared goal.  We hope that we can continue keep the doors of respectful dialogue open between city officials and members of Cedar Hills Citizens for Responsible Government.   Thank you!

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The following are support documents which demonstrate County Attorney Jeffrey Buhman did not claim, at least in writing, to have ever “investigated”, provided for your consideration:

July 30, 2012

Honorable James R. Taylor

Fourth District Court Judge

125 North 100 West

Provo, UT 84601

Subject:       The Court ORDER of January 27, 2012, unfulfilled by Utah

County Attorney Jeff Buhman.  Case Number: 120400093

Dear Judge Taylor,

On January 23, 2012, we, Paul Sorensen and Ken Severn, filed six misdemeanor accusations against Cedar Hills Mayor Eric Richardson and City Manager Konrad Hildebrandt, under Utah Code 77-6-4. …

For complete letter please see PDF…   Judge Taylor ORDER unfulfilled by County Attorney.PRS – Case #120400093-1

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County Attorney Office response to our request for copy of their brief to the Court, as invited by Judge Taylor…

From: “Jeff Robinson” <JEFFR@utahcounty.gov>

Subject: Re: District Court request for Briefs – Cedar Hills investigation

Date: August 30, 2012 8:32:54 AM MDT

To: “Paul Sorensen”

Hi Paul

There has been no action taken.  So I don’t have anything for you to pick up.  Sorry.

Jeff Robinson

Bureau Chief

Bureau Of Investigations

Utah County Attorney Office

100 East Center Street, Ste 3300

Provo, UT  84606

Ph: 801-851-8026

Fax: 801-851-8070

>>> On 8/29/2012 at 2:26 PM, in message Paul Sorensen wrote:

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Our response to Judge Taylor’s invitation to provide legal brief…

August 31, 2012

Honorable James R. Taylor

Fourth District Court Judge

125 North 100 West

Provo, UT 84601

Subject:       Invitation to provide legal brief regarding the Court ORDER of

January 27, 2012, unfulfilled by Utah County Attorney Jeff

Buhman.  Case Number: 120400093

Dear Judge Taylor,

As citizens of Cedar Hills who filed accusations with the honorable Court on January 23, 2012, regarding reported abuses by two local government officials, we gratefully accept the Court’s invitation to provide a legal brief expressing our view of the intended scope of U.C.A. 77-6-1, et. Seq., particularly the phrase “shall investigate and may prosecute” found in subsection (2)(a), [of 77-6-4], and the authority of this Court to direct or mandate an investigation by a separate branch of the government.”

1. “…The county attorney …shall investigate and may prosecute the accusation.” …

For complete letter see PDF…   Judge Taylor – our reply to Judge’s request for Brief#120400093-1

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Susan Mumford, the Executive Secretary for the State Records Committee, wrote to Jerry Dearinger (Legal Analyst) and Ken Cromar (Researcher) for Cedar Hills Citizens for Responsible Government (CHCRG) to inform that a Hearing has been granted for April 10, 2014.  (see PDF of letter below)

The Hearing would address our concerns regarding the City’s DENIAL of our revised GRAMA Request as submitted December 9, 2013, and APPEALS for email / text records.

CHCRG has attempted three times to invite City officials to meet with the State Records Ombudsman in mediation in order to avoid the need to request a Hearing before the Records Committee.  The City insisted that they would not meet or answer our questions through the Ombudsman until we filed an Appeal.  Despite filing the Appeal, the Mayor then prepared a list of preconditions before he would allow city officials to meet with us.

We have provided a written response, and trust that the Mayor & Council will see the value of meeting in mediation with the Ombudsman, and find a mutually beneficial resolution.

If so, we can cancel the Hearing. If not, then the Mayor and Council may again choose to again spend thousands of dollars in legal fees in order to collect the $900 they currently demand.  (During the 2012 Hearing before the Records Committee resulted in the City being ORDERED to collect and provide email records from city and personal account, and provide them to CHCRG, during which city officials reportedly chose to spend over $30,000 in order to collect $766.)

We believe negotiations with the Ombudsman will better serve the interest of Cedar Hills taxpayers and the release of public records to CHCRG, so we can then in turn share them on this website, — in the public interest.

To read the full letter from the Records Committee see… Records Committee Grants CHCRG Hearing 7Mar2014

APPEAL TO UTAH STATE RECORDS COMMITTEE

February 21, 2014

Utah State Records Committee

c/o Susan Mumford

346 South Rio Grande Street

Salt Lake City, Utah  84101

smumford@utah.gov

RE:    Request by Cedar Hills Citizens for Responsible Government for State Records Committee Hearing, due to non-compliance by the City of Cedar Hills with State Code requiring that they allow “…the public’s right of access to information concerning the conduct of the public’s business;…”, and “inspect free of charge”, public email and other records.

Ms. Mumford,

Thank you for allowing Cedar Hills Citizens for Responsible Government the opportunity to officially request a Hearing before Utah State Records Committee at their next possible meeting.

We apologize in advance for the quality of this Appeal.  We hastily drafted it after expending great amounts of time to attempting to negotiate and compromise with the city, so far that attempt has failed.  Our third invitation yesterday through the State Records Ombudsman Rosemary Cundiff to meet City officials with her as a mediator has not yet met with a response, — nor did we received a response to our acceptance of a City Councilman’s Rob Crawley’s proposal that would help us avoid the need to submit this Appeal.

Therefore, we file this request for a Hearing, seeking your indulgence if we find the need to alter or append to this Appeal at a later date.  Please be aware that despite this Appeal, we will continue to seek mediation through the Ombudsman hoping that the city will offer a legal option to avoid the Hearing, and tens of thousands spent by city in legal fees in order to collect $900.  We thank you in advance.

Introduction:

Our December 9, 2013 GRAMA request was denied twice; December 20, 2013 and January 22, 2014, exhausting our Appeals to the City of Cedar Hills.  Therefore we APPEAL to the Utah State Records Committee with a request for Hearing for the following reasons:

We, Cedar Hills Citizens for Responsible Government, believe the City of Cedar Hills improperly refused us our legal request to “inspect free of charge” in accordance with our Constitutional guaranteed, “…public’s right of access to information concerning the conduct of the public’s business;…”, and the State Code designed to “…promote the public’s right of easy and reasonable access to unrestricted public records;…”.  The City did this by stating the need for an expensive “compilation” processes we did not request, in order to charge fees specifically designed to discourage our effort to review the public record, electronically copy portions or all, and share those finding with residents via our www.CedarHillsCitizens.org website.

Because the City is abusing their power and the legal process by unnecessarily altering the public records from the form as “maintained” by the City Recorder with “30-hours” of printing / “compiling” / photocopying records thus incurring fees of “at least” $900 — this Appeal is not the same as previously Heard by the Committee in 2012.  Therefore, a Hearing before the Utah State Records Committee is hereby respectfully requested.

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For PDF of entire letter of APPEAL click… APPEAL to State Records Committee for Hearing