From: The ECHO-Association <m.tracy@echo-association.com>
Subject: Subject: Appeal to the Utah State Records Committee – Ref: EID Trustee / Advisory Committee Emails
Date: September 7, 2021 at 4:16:08 PM PDT
To: SRCsecretary@utah.gov
Cc: Jennifer Hawkes <hawkes@ecmetro.org>, eric@ecid.org, mike@ecid.org, brent@ecid.org, dave@ecid.org

Rebekkah Shaw
SRC Executive Secretary
346 S. Rio Grande
Salt Lake City, UT 84101-1106
Phone: 801-531-3851
Fax: 801-531-3867
Email: SRCsecretary@utah.gov

Dear Ms. Shaw,

We hereby appeal the “affirmed denial” of the Chief Administrative Officer of Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID) under Utah Code Ann. 63G-2-403 regarding the de facto refusal to disclose EID Trustee & EID Advisory Committee Emails.

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

Date of GRAMA Request: June 18, 2021 (see email correspondence to EID certified public records officer Eric Hawkes available at website maintained by The ECHO-Association at https://echo-association.com/?page_id=8483).

Date of GRAMA Denial: June 28, 2021 (see email correspondence of Utah Attorney Jeremy R. Cook of the Salt Lake City law firm Cohne Kinghorn P.C available at website maintained by The ECHO-Association at https://echo-association.com/?page_id=8585).

Date of GRAMA Appeal: July 28, 2021 (see email correspondence to EID Trustee Chairman and EID Chief Administrative Officer Michaels Scott Hughes available at website maintained by The ECHO-Association at https://echo-association.com/?page_id=8585).

Date of GRAMA Decision of the Chief Administrative Officer: No response.

Relief Sought / Grounds for Appeal:

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 while the intentional refusal to disclose public records may be a criminal offense under Utah Code Ann. sec. 63G-2-801(3)(a).

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 Emigration Canyon Deputy Mayor Hawkes.

Furthermore, as the requested public documents are directly related to pending federal litigation against EID trustees, Mr. Hawkes and land-developer and EID Advisory Committee Chairman R. Steve Creamer, 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.

Please feel free to contact me directly with any questions.

Kind Regards,

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