GRAMA Appeal to the Chief Administrative Officer

 

From: The ECHO-Association <m.tracy@echo-association.com>
Date: September 14, 2020 at 10:55:04 AM PDT
To: Jennifer Hawkes <hawkes@ecmetro.org>, Eric Hawkes <eric@ecid.org>
Cc: Jeremy Cook <jcook@ck.law>
Subject: GRAMA Appeal to the Chief Administrative Officer – Fire Flow Test Results of Water System 18143 operated by the Simplifi Company

Dear Mrs. Deputy Mayor and Mr. Hawkes of the Simplifi Company,

The email correspondence below was received this morning from Utah Attorney Jeremy R. Cook of the Salt Lake City law firm Cohne Kinghorn P.C regarding our request dated September 11, 2020 under the Utah Government Records Access and Management Act (“GRAMA”) for fire flow test results confirmed by Mr. Cook to be in your custody at your private residence located at 271 N. Margarethe Lane, Salt Lake City, Utah 84108 as also reported by Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID) to the Utah State Lt. Governor‘s Office.

Please note that we have not yet received confirmation from Mr. Cook regarding Mr. Cook’s authorization to speak for you in this matter as documented below.

Assuming Mr. Cook may speak for you in this matter, we hereby appeal the de facto denied response to our request for access to public records regarding fire flow test results to to Chief Administrative Officer under Utah Code Ann. sec. 63G-2-401 (1)(a).

Please note the following for the purpose of this appeal:

Name: Mark Christopher Tracy dba “Emigration Canyon Home Owners Association” (“The ECHO-Association”)

Mailing Address: 1160 E. Buchnel Dr., Sandy, Utah 84094

Daytime Phone Number: 929-208-6010

Relief Sought / Grounds for Appeal:  Expedited Response for the production of public records relating to fire flow test results will be published on The ECHO-Association website under the rubric “WATER LITIGATION” and subcategory “SIMPLIFI (FIRE FLOW) (see e.g. https://echo-association.com/?page_id=7583) and therefore benefits the public under Utah Code sec. 63G-2-204 (5) justifying an expedited request under subsection (4)(a).

Under Utah Code Ann. sec. 63G-2-201(1)(a) “a 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” if the record is not privileged or confidential.

Moreover, we note that during the EID trustee meeting on June 11, 2020, Emigration Canyon Mayor and EID Operations Manager Joe Smolka reported that EID water distribution lines in the area of Littletree Road are 3 inches in diameter and are thus both contrary to information provided by you in the 2018 Sanitary Survey and unable to provide inadequate fire flow during an emergency under the federal Safe Drinking Water Act of 1974 (see Water System 18143 Report responses at Nr. 56 and Nr. 58A available at the Emigration Canyon Home Owners Association website available at https://echo-association.com/wp-content/uploads/2018-Sanitary-Survey-1.pdf.)

We await the decision of the Chief Administrative Officer.

Kind Regards,

Mark Christopher Tracy
Emigration Canyon Home Owners Association
Tel. 929-208-6010

From: The ECHO-Association <m.tracy@echo-association.com>
Date: September 14, 2020 at 8:48:02 AM PDT
To: Jeremy Cook <jcook@ck.law>
Subject: Re: GRAMA Request – Fire Flow Test Results of Water System 18143

Dear Mr. Cook,

Thank-you for your thoughtful legal analysis.

However, as you are aware, during the hearing before the Utah State Records Committee on September 10, 2020 you personally confirmed that all public documents are in the physical custody of Mr. and Mrs. Hawkes of the Simplifi Company as the office and “business premises“ of Emigration Improvement District (“EID”) as per Utah Code Sec. 63G-2-103(11)(b) for the past 7 years.

Moreover, you are aware that intentional failure to release public record of EID is a criminal offense under Utah Code sec. 63G-2-801-(3)(a).

Please confirm that you are the legal representative for Mr. and Mrs. Hawkes as well as the Simplifi Company in this matter and that you have instructed both Mr. and Mrs. Hawkes not to release public documents in their physical custody as per this request.

Kind Regards,

Mark Christopher Tracy
– Emigration Canyon Home Owners Association

On Sep 14, 2020, at 8:10 AM, Jeremy Cook <jcook@ck.law> wrote:

Mark,

In response to the attached request, Simplifi Company is not a governmental entity. Accordingly, no further response will be provided to this request.

Thanks,
Jeremy

Jeremy R. Cook
111 East Broadway, 11th Floor
Salt Lake City, Utah 84111
Phone: 801.363.4300 (after hours ext. 133) | Cell: 801.580.8759
jcook@cohnekinghorn.com