{"id":7596,"date":"2020-09-14T12:34:43","date_gmt":"2020-09-14T18:34:43","guid":{"rendered":"http:\/\/echo-association.com\/?page_id=7596"},"modified":"2020-10-22T02:30:40","modified_gmt":"2020-10-22T08:30:40","slug":"grama-appeal-to-the-chief-administrative-officer","status":"publish","type":"page","link":"https:\/\/echo-association.com\/?page_id=7596","title":{"rendered":"GRAMA Appeal to the Utah State Records Committee"},"content":{"rendered":"

Subject: Appeal to the Utah State Records Committee – Ref: FIRE FLOW TEST RESULTS<\/span>
\nDate: October 21, 2020 at 9:53:00 AM PDT<\/span>
\nTo: SRCsecretary@utah.gov<\/span>
\nCc: Jennifer Hawkes <hawkes@ecmetro.org>, Eric Hawkes <eric@ecid.org>, mike@ecid.org, “brent@ecid.org” <brent@ecid.org>, “dave@ecid.org” <dave@ecid.org><\/span><\/p>\n

Rebekkah Shaw<\/span>
\nSRC Executive Secretary<\/span>
\n346 S. Rio Grande<\/span>
\nSalt Lake City, UT 84101-1106<\/span>
\nPhone: 801-531-3851<\/span>
\nFax: 801-531-3867<\/span>
\nEmail: SRCsecretary@utah.gov<\/span><\/p>\n

Dear Ms. Shaw,<\/span><\/p>\n

We hereby appeal the \u201caffirmed denial\u201d of the Chief Administrative Officer of Emigration Improvement District (\u201cEID<\/strong><\/em>\u201d aka Emigration Canyon Improvement District aka ECID) under Utah Code Ann. 63G-2-403 regarding fire-flow test results of water system 18143 owned by EID and operated by the Simplifi Company through Emigration Canyon Deputy Mayor Jennifer Hawkes and EID Operations and Financial Manager Eric Hawkes.<\/span><\/p>\n

Please note the following for the purpose of this appeal:<\/span><\/p>\n

Name:<\/strong> Mark Christopher Tracy dba Emigration Canyon Home Owners Association (\u201cThe ECHO-Association<\/strong><\/em>\u201d)<\/span><\/p>\n

Mailing Address:<\/strong> 1160 E. Buchnel Dr., Sandy, Utah 84094<\/span><\/p>\n

Daytime Phone Number:<\/strong> 929-208-6010<\/span><\/p>\n

Date of GRAMA Request to Certified Public Records Officer (Eric Hawkes of the Simplifi Company):<\/strong> September 11, 2020 (see<\/em> https:\/\/echo-association.com\/?page_id=7583<\/span><\/a>).<\/span><\/p>\n

Date of GRAMA Denial:<\/strong> September 14, 2020<\/span><\/p>\n

Date of GRAMA Appeal to Chief Administrative Officer:<\/strong> September 14, 2020.<\/span><\/p>\n

Date of GRAMA decision of the Chief Administrative Officer:<\/strong> No response.<\/span><\/p>\n

Relief Sought \/ Grounds for Appeal:<\/strong> Access to fire flow test results of water system 18143 owned by EID and operated by the Simplifi Company.<\/span><\/p>\n

Under Utah Code Ann. sec. 63G-2-201(1)(a) \u201ca 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\u201d if the record is not privileged or confidential.<\/span><\/p>\n

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 the Simplifi Company in the 2018 Sanitary Survey and are unable to provide adequate 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 ECHO-Association website available at https:\/\/echo-association.com\/wp-content\/uploads\/2018-Sanitary-Survey-1.pdf<\/a><\/span>; and https:\/\/echo-association.com\/?page_id=7603<\/span><\/a>.)<\/span><\/p>\n

Moreover, during the EID trustee meeting on September 10, 2020, Mr. Hawkes of the Simplifi Company confirmed that he had \u201cfrom time to time\u201d manipulated the pressure reducing valves of water system No. 18143 but then refused to elucidate the reasons for taking such unusual and potentially dangerous action.<\/span><\/p>\n

Kind Regards,<\/span><\/p>\n

Mark Christopher Tracy<\/span>
\n– qui tam Relator \/ ECHO President<\/span>
\nTel. 929-208-6010<\/span><\/p>\n

 <\/p>\n

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

Dear Mrs. Deputy Mayor and Mr. Hawkes of the Simplifi Company,<\/span><\/p>\n

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 (\u201cGRAMA<\/strong><\/em>\u201d) 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 (\u201cEID<\/strong><\/em>\u201d aka Emigration Canyon Improvement District aka ECID) to the Utah State Lt. Governor\u2018s Office.<\/span><\/p>\n

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.<\/span><\/p>\n

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).<\/span><\/p>\n

Please note the following for the purpose of this appeal:<\/span><\/p>\n

Name:<\/strong> Mark Christopher Tracy dba \u201cEmigration Canyon Home Owners Association\u201d (\u201cThe ECHO-Association\u201d)<\/span><\/p>\n

Mailing Address:<\/strong> 1160 E. Buchnel Dr., Sandy, Utah 84094<\/span><\/p>\n

Daytime Phone Number:<\/strong> 929-208-6010<\/span><\/p>\n

Relief Sought \/ Grounds for Appeal:<\/strong> \u00a0Expedited Response for the production of public records relating to fire flow test results will be published on The ECHO-Association website under the rubric \u201cWATER LITIGATION\u201d and subcategory \u201cSIMPLIFI (FIRE FLOW) (see e.g.<\/em> https:\/\/echo-association.com\/?page_id=7583<\/span><\/a>) and therefore benefits the public under Utah Code sec. 63G-2-204 (5) justifying an expedited request under subsection (4)(a).<\/span><\/p>\n

Under Utah Code Ann. sec. 63G-2-201(1)(a) \u201ca 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\u201d if the record is not privileged or confidential.<\/span><\/p>\n

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<\/em> 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<\/span><\/a>.)<\/span><\/p>\n

We await the decision of the Chief Administrative Officer.<\/span><\/p>\n

Kind Regards,<\/span><\/p>\n

Mark Christopher Tracy<\/span>
\nEmigration Canyon Home Owners Association<\/span>
\nTel. 929-208-6010<\/span><\/p>\n

 <\/p>\n

From: The ECHO-Association <m.tracy@echo-association.com><\/span>
\nDate: September 14, 2020 at 8:48:02 AM PDT<\/span>
\nTo: Jeremy Cook <jcook@ck.law><\/span>
\nSubject: Re: GRAMA Request – Fire Flow Test Results of Water System 18143<\/span><\/p>\n

Dear Mr. Cook,<\/span><\/p>\n

Thank-you for your thoughtful legal analysis.<\/span><\/p>\n

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 \u201cbusiness premises\u201c of Emigration Improvement District (\u201cEID\u201d) as per Utah Code Sec. 63G-2-103(11)(b) for the past 7 years.<\/span><\/p>\n

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).<\/span><\/p>\n

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.<\/span><\/p>\n

Kind Regards,<\/span><\/p>\n

Mark Christopher Tracy<\/span>
\n– Emigration Canyon Home Owners Association<\/span><\/p>\n

 <\/p>\n

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

Mark,<\/span><\/p>\n

In response to the attached request, Simplifi Company is not a governmental entity. Accordingly, no further response will be provided to this request.<\/span><\/p>\n

Thanks,<\/span>
\nJeremy<\/span><\/p>\n

Jeremy R. Cook<\/span>
\n111 East Broadway, 11th Floor <\/span>
\nSalt Lake City, Utah 84111<\/span>
\nPhone: 801.363.4300 (after hours ext. 133) | Cell: 801.580.8759<\/span>
\njcook@cohnekinghorn.com<\/span><\/p>\n

 <\/p>\n

\"\"<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Subject: Appeal to the Utah State Records Committee – Ref: FIRE FLOW TEST RESULTS Date: October 21, 2020 at 9:53:00 AM PDT To: SRCsecretary@utah.gov Cc: Jennifer Hawkes <hawkes@ecmetro.org>, Eric Hawkes <eric@ecid.org>, mike@ecid.org, “brent@ecid.org” <brent@ecid.org>, “dave@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: […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/7596"}],"collection":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/echo-association.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7596"}],"version-history":[{"count":9,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/7596\/revisions"}],"predecessor-version":[{"id":7812,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/7596\/revisions\/7812"}],"wp:attachment":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}