From: The ECHO-Association <m.tracy@echo-association.com>
Subject: GRAMA Appeal to CAO – Email Correspondence of Simplifi Company and Aqua Environmental Services
Date: March 3, 2022 at 10:49:16 AM MST
To: mike@ecid.org
Cc: Eric Hawkes <eric@ecid.org>, Jennifer Hawkes <hawkes@ecmetro.org>, brent@ecid.org, dave@ecid.org
Dear Emigration Improvement District Trustee Chairman Michael Scott Hughes,
The email correspondence attached below was received on February 1, 2022, from Utah Attorney Jeremy R. Cook (“Utah Attorney Cook”) of the Salt Lake City law firm Cohne Kinghorn P.C on behalf of Emigration Improvement District (aka Emigration Canyon Improvement District aka ECID) certified public records officer Eric Hawkes (“Mr. Hawkes”) of the Simplifi Company regarding our request dated January 21, 2022, under the Utah Government Records Access and Management Act (“GRAMA”) to inspect all email correspondence received and/or sent from EID General Manger Eric Hawkes of the Simplifi Company and EID Operations Manager Larry Hall of Aqua Environmental Services, Inc.
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 EID trustees and managers may be concealing the misuse of public funds for private profit.
Specifically, it appears that EID may have issued water letter for the construction of private residences in Emigration Canyon while waiving collection fees and costs to friends, family members and associates of EID managers and trustee including EID Trustees David Bradford and Brett Tippets.
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).
The Utah State Records Committee has expressly rejected the legal argument that a public entity may deny access to public records if a courtesy copy is sent to a shareholder of the contracted Public Records Office.
Simply stated it appears from the email chain below that Utah Attorney Cook has fabricated an unsupported reason to deny a constitutionally protected right to view government records in sole possession of private Utah corporations.
We await the decision of the Chief Administrative Officer.
Kind Regards,
Mark Christopher Tracy
Emigration Canyon Home Owners Association
Email Correspondence of Utah Attorney Jeremy R. Cook:
From: Jeremy Cook <jcook@ck.law>
Date: February 1, 2022 at 4:59:02 PM MST
To: The ECHO-Association <m.tracy@echo-association.com>
Subject: FW: GRAMA Request – Eric Hawkes and Larry Hall Emails
Mr. Tracy,
I am responding to the GRAMA request below. As I have indicated a number of times in the past, the District will not respond to GRAMA requests directed to EID c/o Simplifi Company or that include Ms. Hawkes.
If you want to resubmit the GRAMA request addressed only to EID and not include Ms. Hawkes in the email, the District will provide the requested documents to you.
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@ck.law
From: Eric Hawkes <eric@ecid.org>
Sent: Monday, January 31, 2022 5:32 PM
To: Jeremy Cook <jcook@ck.law>
Subject: Fwd: GRAMA Request – Eric Hawkes and Larry Hall Emails
Hi Jeremy,
I’m just following up on Mark’s GRAMA and how you think we should respond.
Thanks!
Eric
Sent from my iPhone
Begin forwarded message:
From: Eric Hawkes <eric@ecid.org>
Date: January 21, 2022 at 1:41:43 PM MST
To: Eric Hawkes <eric@ecid.org>
Subject: Re: GRAMA Request – Eric Hawkes and Larry Hall Emails
Hi Jeremy,
Mark’s request is narrowed down in the GRAMA request. I could get these together relatively quick 30 min to an hour. Just let me know how you think we should respond.
Thanks,
Eric
Sent from my iPhone
On Jan 21, 2022, at 1:31 PM, Eric Hawkes <Eric@ecid.org> wrote:
Hi Jeremy,
Let me know how we should respond. He still continues to copy Jennifer on his requests. Also, I’d estimate 4 or more hours on emails….maybe even longer as there are a lot.
Thanks,
Eric
Thanks!
Eric Hawkes
Sent from my iPhone
Begin forwarded message:
From: The ECHO-Association <m.tracy@echo-association.com>
Date: January 21, 2022 at 1:15:56 PM MST
To: Eric Hawkes <Eric@ecid.org>, Jennifer Hawkes <hawkes@ecmetro.org>
Cc: mike <mike@ecid.org>, brent@ecid.org, dave@ecid.org
Subject: GRAMA Request – Eric Hawkes and Larry Hall Emails
Dear EID Public Records Office,
Attached below is a GRAMA request for all email correspondence of Emigration Improvement District (“EID” aka Emigration Canyon Improvement District aka ECID) General Manager Eric Hawks and EID Operations Manager Larry Hall.
Please feel free to contact me with any questions.
Kind Regards,
Mark Christopher Tracy