Cedar Hills staff, residents meet with state records official over public records dispute

Read complete KSL & Deseret News’ Sunday, June 3rd article by Ben Woods at… http://www.ksl.com/?nid=960&sid=20659224

COMMENTS from Cedar Hills Citizens for Responsible Government:

State law requires the City to maintain all city records, including emails, in the city recorder office.

The Mayor and Council have done some of the city business on city email accounts, but not all, apparently in an effort to hide business they did not want the public to see.

Why?  What have they been hiding?

For many months, the Mayor and Council have done city business on their personal accounts without providing copies to the city recorder.

These records have been GRAMA requested in behalf of Cedar Hills Citizens for Responsible Government.  At a May 18th State Record Ombudsman mediation, City officials agreed to gather and provide some email records to our representatives.  The city has refused to gather all email records (from personal accounts) unless paid to gather / organize the records, and former Council members Jim Perry, Ken Kirk, and Marisa Wright have all “declined” to provide their city email records from their personal accounts.

Why?  What were they hiding while in office?

State law requires that the city maintain a complete and accurate record that is accessible for inspect the records for free.

Utah Code 63G-2-201. Right to inspect records and receive copies of records.
(1) Every person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Sections 63G-2-203 and 63G-2-204.

If the City does not gather and provide all the records, they’ve already been paid to gather and make available, they will be required to explain themselves before the Utah State Records Committee hearing on June 15th.

For people who have “nothing to hide”, they sure do a lot of hiding.

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

Buffalo Chip to Mayor Eric Richardson for hunkering down and hiding out after being sued by the feds for his alleged participation in a Ponzi scheme. Richardson evidently wants to weather the storm. But it’s going to be a long storm, and the city won’t benefit from going through it with him. City manager Konrad Hildebrandt left over other matters because, he said, he did not want to burden citizens with the cost of his defense. Richardson should be big enough not to burden them with a circus.

(Note:  “Beehive & Buffalo Chips”  –  Beehives = GOOD &  Buffalo Chip = BAD –  Daily Herald – 19 May 2012)

May2012http://www.heraldextra.com/news/opinion/beehives/beehives-and-buffalo-chips/article_239e9d1f-5d34-548e-bdeb-960c4d501498.html

A person is innocent until proved guilty, but that doesn’t mean Mayor Eric Richardson of Cedar Hills should not resign immediately.    

His case is not one of innocence or guilt but of liability for civil damages arising from what federal authorities likened to a Ponzi scheme in futures trading that bilked investors of at least $1.3 million.

KSL.com

CEDAR HILLS — The resignation Tuesday of three Cedar Hills city officials energized a coalition of residents to keep digging in its pursuit to also oust Mayor Eric Richardson over the management of city finance.

"This is a tangled web," said coalition member Ken Cromar. "Lots and lots of money is involved."

Adding to the controversy enveloping this Utah County community is Richardson being named in a federal complaint filed Wednesday that accuses him and a partner soliciting more than $2 million in investments through an unregistered equity firm.

Through their company, Bentley Equities, Richardson and Christopher D. Hales collected more than $1.1 million from 38 participants in a commodity futures trading pool and individual investment accounts. They misappropriated at least $557,000 for personal use, including food, clothes, cars, utilities and credit card payments and $71,000 to pay clients in a Ponzi scheme, according to the complaint.

For complete story & VIDEO see… http://www.ksl.com/?nid=148&sid=20242041&title=cedar-hills-mayor-accused-of-2m-investment-scheme-county-officials-resign&s_cid=featured-1

See also Daily Herald May 2, 2012 FRONT PAGE story…

After resignations, some Cedar Hills residents want mayor out

For months, Cedar Hills Citizen for Responsible Government have been researching, requesting public records, and preparing official complaints documenting questionable actions by City officials.  January 23, 2012 a complaint was filed with the Fourth District Court seeking the investigation and prosecution of City Manager Konrad Hildebrandt and Mayor Eric Richardson.  At the Tuesday, April 24th City Council Meeting, an Open Letter was read “Respectfully demanding the resignation of Konrad Hildebrand / City Manager and Mayor Eric Richardson.”  Some of the reasons are listed in the previous posting.  Today, May 1, Konrad Hildebrandt resigned.

In a late breaking story, the Daily Herald reported the following:

Cedar Hills city manager, two other employees resign Tuesday

April 24, 2012

Cedar Hills City Council Meeting – Work Session

(first meeting at new “Cedar Hills Recreation Center”)

10640 N Clubhouse Drive

Cedar Hills, UT 84602

RE:  Respectful demand for the immediate resignation of the City Manager & Mayor of Cedar Hills.

Open Letter to City Council and Cedar Hills Community,

Today we stand in a new building built with approximately $2.5 million of impact fees collected specifically for a pool and recreation center in behalf of Cedar Hills families.   The pool & real recreation did not happen.  Instead, the City has chosen to build a golf clubhouse, pro shop and wedding reception center that is mislabeled the Cedar Hills Recreation Center because of Lego tournaments and whiffle-ball games that are planned.  This building will be remembered as a monument erected to the misuse, mismanagement and misleading of the citizens and City Council by at least two key Cedar Hills officials.

For the complete letter, please open the following PDF…

April 24 Open Letter to Cedar Hills demanding resignation of Mayor & City Manager.2a

The City Council and Staff decided to publish a denial of any wrong-doing on the front page of the February Newsletter claiming, “the accusations asserted against them is not true.”  In that they excluded the accusations, we thought it only fair that Cedar Hills citizens have access to the accusations they did not address and claimed “not true”.  Cedar Hills families may want to read the Fourth District Court filing which lists City Manager Konrad Hildebrandt and Mayor Eric Richardson’s own words, actions, and documents.  (see PDF below) The letter to Judge Samuel McVey reads as follows:

To: Judge Samuel McVey
Presiding Judge of the Fourth District Court
125 North 100 West
Provo, UT 84601

Date: January 23, 2012

Subject: Possible Unlawful handling of the City of Cedar Hills public business.

Dear Judge McVey,

We feel compelled to exercise our rights under Utah State Code, Title 77-6-1 through 77-6-4, to file this complaint with the Court, in the interest of open, honest and ethical government in behalf of all Cedar Hills residents. We petition the Court to hold those who have abused government power accountable for their actions.

At a time of great economic hardship, with many families struggling to keep their homes and jobs, and many city governments throughout Utah cutting back expenditures, Cedar Hills government seems to have lost touch with financial realities and is instead growing its burden on its citizens with indefensible waste, higher fees, and overly generous compensation for some city employees. We need protection from our local government.

As citizens and taxpayers of the City of Cedar Hills, we are very concerned that evidence is growing that our City Manager and Mayor may have operated outside City and State law on numerous occasions and we request an investigation into possible “high crimes and misdemeanors”.

10-3-826.   Official neglect and misconduct class A misdemeanor — Removal from office.

In case any municipal officer shall at any time wilfully omit to perform any duty, or wilfully and corruptly be guilty of oppression, malconduct, misfeasance, or malfeasance in office, the person is guilty of a class A misdemeanor, shall be removed from office, and is not eligible for any municipal office thereafter.

If one or more of the following List of Complaints is proven to be true, we would like the following officials and/or staff to be removed from office and/or city employment under Utah Code 10-3-826:

Konrad Hildebrandt (City Manager)

Eric Richardson (Mayor)

Some possible infractions to investigate include:

LIST OF COMPLAINTS

1. MISAPPROPRIATION OF FUNDS – Transferring $371,726 from “Recreation and

Pool” facilities impact fees to the golf course income statement to change the

loss into a profit.

To see all six major accusations, and 17 follow-up complaints, along with support documents, etc., please CLICK on the attached PDF below…

CedarHillsCourtFiling2012

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Residents want court to remove Cedar Hills mayor, city manager