From: The ECHO-Association <m.tracy@echo-association.com>
Subject: GRAMA Appeal – EID Trustee and Advisory Committee Emails / Laboratory Testing Invoices / Possible Violation of 18 U.S.C. § 1512(c)(1)
Date: July 28, 2021 at 9:05:25 AM PDT
To: eric@ecid.org
Cc: Jennifer Hawkes <hawkes@ecmetro.org>, mike@ecid.org, brent@ecid.org, dave@ecid.org, Jeremy Cook <JCOOK@ck.law>

Dear Certified Public Records Officer Eric Hawkes of the Simplifi Company,

The attached email correspondence was received from Utah Attorney Jeremy R. Cook (“Utah Attorney Cook”) of the Salt Lake City law firm Cohne Kinghorn P.C. regarding our request dated June 18, 2021 under the Utah Government Records Access and Management Act (“GRAMA”) to inspect email correspondence between private land-developers and public officials believed to document the possible misuse of public funds by the Simplifi Company, trustees of Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID”) and/or Utah Attorney Cook (see attached Exhibit A). We have furthermore requested inspection of water testing invoices believed to document active concealment of lead contamination by the same.

As required for further judicial action, we hereby appeal denial of the GRAMA request to the Chief Administrative Officer.

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: We have reason to believe that Utah Attorney Cook, the Simplifi Company, its shareholders, and/or trustees of EID may be concealing the misuse of public funds for private profit including active concealment of lead contamination of a public drinking water system.

We note that Utah Attorney Cook has expressly verified that the Simplifi Company and its shareholders Emigration Canyon Deputy Mayor Jeniffer Hawkes (“Deputy Mayor Hawkes”) and EID certified public records officer Eric Hawkes are the “EID Public Records Office.”

As the willful refusal to disclose public records is a criminal offense in the State of Utah under Utah Code § 63G-2-801(3)(a) we have provide a copy of the initial request to all EID trustees and Deputy Mayor Hawkes.

Furthermore, as the requested public documents are directly related to pending federal litigation against EID trustees and Mr. Hawkes, we further note that the corrupt intent to conceal a document from an official proceeding is a federal offense under 18 U.S.C. § 1512(c)(1).

In sum, there is simply no legal basis for a public entity to deny access to government records because a courtesy copy of the request was also provided to the officer and director of the public entity’s records office.

We await the decision of the Chief Administrative Officer.

Kind Regards,

Mark Christopher Tracy
dba Emigration Canyon Home Owners Association

 

EXHIBIT A

From: Jeremy Cook <jcook@ck.law>
Date: June 28, 2021 at 10:02:59 AM PDT
To: The ECHO-Association <m.tracy@echo-association.com>
Cc: “Eric Hawkes (eric@ecid.org)” <eric@ecid.org>
Subject: FW: GRAMA – EID Trustee/Advisory Committee Emails & Invoices for Laboratory Testing

Mr. Tracy,

Emigration Improvement District has indicate numerous times that it will not respond GRAMA requests that include Mrs. Hawkes.

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