{"id":8208,"date":"2021-03-23T17:37:56","date_gmt":"2021-03-23T23:37:56","guid":{"rendered":"https:\/\/echo-association.com\/?page_id=8208"},"modified":"2021-03-23T17:50:09","modified_gmt":"2021-03-23T23:50:09","slug":"echo-grama-appeal-2","status":"publish","type":"page","link":"https:\/\/echo-association.com\/?page_id=8208","title":{"rendered":"ECHO – GRAMA Appeal"},"content":{"rendered":"

From: The ECHO-Association <m.tracy@echo-association.com><\/strong><\/span>
\nDate: March 23, 2021 at 4:11:22 PM MDT<\/strong><\/span>
\nTo: Eric Hawkes <eric@ecid.org><\/strong><\/span>
\nCc: Jennifer Hawkes <hawkes@ecmetro.org>, mike <mike@ecid.org>, brent@ecid.org, dave@ecid.org<\/strong><\/span>
\nSubject: GRAMA Appeal – Legal Invoices of Salt Lake City Law Firm Cohen Kinghorn P.C.<\/strong><\/span><\/p>\n

Dear Certified Public Records Officer Eric Hawkes of the Simplifi Company,<\/strong><\/span><\/p>\n

The attached email correspondence was received from Utah Attorney Jeremy R. Cook (\u201cUtah Attorney Cook\u201d) of the Salt Lake City law firm Cohne Kinghorn P.C. on behalf of the Simplifi Company regarding our request dated February 11, 2021 under the Utah Government Records Access and Management Act (\u201cGRAMA\u201d) to inspect legal invoice presented for payment by Utah Attorney Cook believed to document the possible misuse of public funds by the Simplifi Company, trustees of Emigration Improvement District (\u201cEID\u201d aka Emigration Canyon Improvement District aka ECID\u201d) and\/or Utah Attorney Cook.<\/strong><\/span><\/p>\n

We hereby appeal denial of the GRAMA request to the Chief Administrative Officer.<\/strong><\/span><\/p>\n

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

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

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

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

Relief Sought \/ Grounds for Appeal: We have reason to believe that the Simplifi Company, its shareholders, and\/or trustees of EID may be concealing the misuse of public funds for private profit.<\/strong><\/span><\/p>\n

While we agree with Utah Attorney Cook that Simplifi Company and its sole shareholders Emigration Canyon Deputy Mayor Jennifer Hawkes (\u201cDeputy Mayor Hawkes\u201d) and EID General Manager \/ EID Financial Manager \/ EID Public Records Officer Eric Hawkes (“Mr. Hawkes”) (collectively \u201cSimplifi Respondents\u201d) are compensated with taxpayer funds as \u201cEID\u2019s Records Office,\u201d and as such are subject to Utah Government Records Access and Management Act (\u201cGRAMA\u201d), we note that the referenced judgement was not for fees associated with processing a request for public documents, but were rather awarded after the Utah State Third District Court had determined that Simplifi Respondents were not \u201cEID’s Records Office\u201d based upon representations presented to the court by Simplifi Respondents.<\/strong><\/span><\/p>\n

A motion to vacate the decision based upon Utah Attorney Cook\u2019s confirmation of Simplifi Respondents’ status as \u201cEID\u2019s Records Office\u201d has been submitted to the court for further judicial review (see<\/em><\/span> https:\/\/echo-association.com\/?page_id=8195<\/a><\/span>).<\/span><\/strong><\/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 while the intentional refusal to disclose public records may be a criminal offense under Utah Code Ann. sec. 63G-2-801(3)(a).<\/strong><\/span><\/p>\n

Furthermore, please note that if a GRAMA request is submitted to an inappropriate office, under Utah Code Ann. \u00a7 63G-2-204(8)(a), it \u201cshall\u201d be promptly forwarded to appropriate office – if such an office does in fact exist separate from \u201cEmigration Improvement District c\/o Simplifi Company\u201d as filed.<\/strong><\/span><\/p>\n

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

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

Mark Christopher Tracy<\/strong><\/span>
\nEmigration Canyon Home Owners Association<\/strong><\/span><\/p>\n

 <\/p>\n

 <\/p>\n

From: Jeremy Cook <jcook@ck.law><\/strong><\/span>
\nSubject: GRAMA Requests<\/strong><\/span>
\nDate: February 24, 2021 at 3:40:10 PM MST<\/strong><\/span>
\nTo: “MARK.TRACY72@gmail.com” <MARK.TRACY72@gmail.com>, The ECHO-Association <m.tracy@echo-association.com><\/strong><\/span>
\nCc: “Eric Hawkes (eric@ecid.org)” <eric@ecid.org><\/strong><\/span><\/p>\n

Mr. Tracy,<\/strong><\/span><\/p>\n

As you are aware, on February 10, 2021, Judge Kouris awarded fees against you and in favor of EID\u2019s records office, Eric Hawkes, Simplifi Company and Jennifer Hawkes related to a previous GRAMA request that you submitted to EID. Judge Kouris found that the filing of a GRAMA appeal against Eric Hawkes, Jennifer Hawkes and Simplifi Company (all of which you have continued to include in your GRAMA request despite Judge Kouris\u2019 decision) lacked merit and was filed in bad faith. <\/strong><\/span><\/p>\n

In accordance with Utah Code Ann. 63G-2-203(8)(a), a governmental entity may require payment of past fees and future estimated fees before beginning to process a request if: (ii) the requester has not paid fees from previous requests. Based on your request, the fees owed to Eric Hawkes, Jennifer Hawkes and Simplifi Company are clearly past due and owing fees related to the attached GRAMA requests. Accordingly, EID will not process to the attached GRAMA requests until the amount of $5,758.50 is paid in full (see attached Judgment). <\/strong><\/span><\/p>\n

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

<image001.png><\/strong><\/span>
\n<image002.png><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

From: The ECHO-Association <m.tracy@echo-association.com> Date: March 23, 2021 at 4:11:22 PM MDT To: Eric Hawkes <eric@ecid.org> Cc: Jennifer Hawkes <hawkes@ecmetro.org>, mike <mike@ecid.org>, brent@ecid.org, dave@ecid.org Subject: GRAMA Appeal – Legal Invoices of Salt Lake City Law Firm Cohen Kinghorn P.C. Dear Certified Public Records Officer Eric Hawkes of the Simplifi Company, The attached email correspondence was […]<\/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\/8208"}],"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=8208"}],"version-history":[{"count":2,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/8208\/revisions"}],"predecessor-version":[{"id":8212,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/8208\/revisions\/8212"}],"wp:attachment":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8208"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}