Request for Public Documents (Correspondence of Lead Contamination and Payment of Private Legal Fees)

 

From: The ECHO-Association <m.tracy@echo-association.com>
Subject: EXPEDITED Request for Government Records (“GRAMA”) – Email Correspondence of Lead Contamination and Payment of Legal Expenses of the Simplifi Company
Date: September 18, 2020 at 9:17:56 AM PDT
To: Eric Hawkes <eric@ecid.org>
Cc: mike@ecid.org, brent@ECID.org, dave@ECID.org, Jennifer Hawkes <hawkes@ecmetro.org>

Dear EID General Manager Eric Hawkes of the Simplifi Company,

As you are are aware, in October and November 2019 Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID) sent out a “Enhanced Customer Notice” that the water system 18143 owned by EID and operated by the Simplifi Company had exceeded the action level for lead contamination, but insisted that “further testing of the Distict’s wells revealed that No [sic] detection of lead (ND) in all three wells currently in operation. The dectection of lead is likely the result of plumbing within the homes tested, not from the water being provided by the Emigration Improvement District” (emphasis in the original) see https://echo-association.com/?page_id=5014).

We now know that this information is demonstrably false.

Firstly, all water sources of the EID water system have previously tested positive for lead, and it appears that all homes sampled since 2017 have tested positive for lead contamination including both the east and west sides of the EID water distribution system. Moreover, although you reported copper contamination in the August 6, 2020 EID trustee meeting, you failed to inform EID trustees that all of the 20 sampled homes had again also tested positive for lead contamination (see https://echo-association.com/?page_id=6740).

We however have reason to believe that all EID trustees are aware of the extensive and perhaps irreparable lead contamination of the EID water system.

As such, attached herewith is a request for email correspondence regarding lead contamination since the engagement of the Simplify Company as the private operator of the EID water system sometime in 2013.

Also, it appears that EID trustees may have approved the use of public funds for the legal defense of the Simplifi Company and its directors and officers Eric and Jennifer Hawkes in legal proceedings currently pending with the Utah Court of Appeals in possible violation of the Utah Open and Public Meeting Act (see https://echo-association.com/?page_id=7596) and have therefore also requested to inspect all email correspondence regarding this matter (see attached request for public records under the Utah Government Access and Records Management Act (“GRAMA”)).

Please note that we have request an expedited response, due to the fact that the information will be posted on the website administered by the Emigration Canyon Home Owners Association and thus benefits the public as per Utah Code Ann. sec. 63G-2-204 as cited above.

We thank-you for your expedited assistance in this matter.

Kind Regards,

Mark Christopher Tracy
– Emigration Canyon Home Owners Association

 

GRAMA (Lead and Legal Emails)