Dan Schroeader Press Release March 15, 2015

Utah Supreme Court to Hear GRAMA Case on AG Investigation into Ogden Political Group

Contact: Dan Schroeder, 801-393-4603, dvs1444@gmail.com
David Reymann, Parr Brown Gee & Loveless, 801-257-7939, dreymann@parrbrown.com

The Utah Supreme Court will soon hear oral arguments in a four-year-long dispute over records of the Attorney General’s criminal investigation of Envision Ogden, a mysterious political group formed in 2007.

Envision Ogden was organized in early 2007, ostensibly to promote economic development and recreation in Ogden. The group quickly raised over $87,000 in donations, much of it from businesses and other organizations including banks, hospitals, the Ogden-Weber Chamber of Commerce, and the Governor’s Office of Economic Development. Then-mayor Matthew Godfrey solicited most of the major contributions to the group.

Unknown to the donors, however, Envision Ogden then funneled most of its net revenue--over $30,000--to political candidates and to the Utah Republican Party. Over $20,000 of these funds went to two Godfrey-supported city council candidates, who reported that they received the funds not from Envision Ogden but from an even more mysterious, unregistered entity called Friends of Northern Utah Real Estate. Envision Ogden further concealed its political nature by failing to register as a 527 political organization with the IRS until 2008, after its fundraising activities had ceased. (The name “Envision Ogden” may also have been intended to deceive donors, some of whom confused the group with Envision Utah, an unrelated nonprofit organization that promotes long-term urban planning.)

When Envision Ogden’s political nature was discovered in 2009, the Attorney General’s Office and the State Bureau of Investigation opened a criminal investigation into possible felony violations including communications fraud and money laundering. However, the investigation stalled for nearly two years until it was finally closed in March 2011, around the time that the statute of limitations would have expired. No criminal charges were ever filed in the case. Although an investigator interviewed several of Envision Ogden’s donors, there is no evidence that investigators ever contacted Mayor Godfrey or any of the political candidates who received funds from Envision Ogden.

As soon as the investigation was closed, Ogden activist and blogger Dan Schroeder filed a request for the Attorney General’s investigation records, under Utah’s Government Records Access Management Act (GRAMA). The AG responded by providing some records including a two-page report and several email messages sent among its staff, but withheld other records--most notably a collection of financial documents that it had obtained via subpoena from Envision Ogden’s bank.

Schroeder appealed the AG’s decision to withhold the bank records and a few others, and won a partial victory at the State Records Committee in August 2011. Both Schroeder and the AG then appealed this decision to Third District Court, where in October 2012 Judge Keith Kelly ruled in favor of the AG’s decision to withhold the records. Schroeder, now represented by attorneys at Parr Brown Gee & Loveless, then appealed Judge Kelly’s decision to the Utah Supreme Court.

The Supreme Court will hear oral arguments in this case at 9:00 a.m. on Wednesday, April 1, in the Matheson Courthouse, 450 South State Street, 5th Floor, in Salt Lake City.

The principal legal question before the court is whether GRAMA requires the government to disclose financial records obtained via subpoena in the course of a criminal investigation, even when none of GRAMA’s specific exemptions apply to those records. GRAMA does exempt many records from disclosure, for instance, when disclosure would constitute a clear violation of an individual’s privacy, or when a business would be put at a competitive disadvantage through disclosure of its financial records, or when disclosure would compromise an ongoing investigation. In this case, however, the investigation is over, while the financial records are those of a defunct political organization that has not made any privacy claim and that was already required by federal law to disclose its major financial transactions. The Attorney General argues that the Utah Constitution broadly protects the privacy of financial records even in such cases. Schroeder and his attorneys argue that the constitutional requirement was met when the Attorney General obtained the records through a valid subpoena, and that GRAMA provides no applicable exemptions in this case.

Besides the legal issues, this court's decision in this case will determine how much the public will ever learn about Envision Ogden and the Attorney General's investigation. Although the content of the withheld records is unknown, it is likely that they would shed further light on Envision Ogden's financial transactions, including transactions with the mysterious Friends of Northern Utah Real Estate. The records would also show what information the Attorney General's office had in hand when the decision was made to close the investigation without filing charges.

Copies of the legal briefs filed with the Supreme Court in this case are attached.

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Libertarian Candidate Craig Bowden Responses

Question: Members of Congress are regarded so poorly by the public. Time-share salesmen are probably looked at more favorably. Is that a fair assessment overall, and why are you an exception to that?

I would have to say that this is a very accurate statement. Let’s look at a couple facts: members of both the Democrat and Republican Parties are known to “flip flop” their positions based on who is in the majority at the time and also in regards to who is in the White House. The easiest example is in regards debt ceiling increases. When President Bush was in office, the Republicans supported increases and Democrats opposed them. Now that President Obama is in office, it has reversed.

There are no principles in Washington, D.C. right now. We have two parties that constantly change their position to gain favor, votes, or what happens to be politically expedient for them at the time.

I am not tied down to one of these two parties, and the agenda I have isn’t Democrat or Republican solutions to follow a platform, but solutions that work for all Americans. I’m also not beholden to any special interest groups. Both Congressman Bishop and Donna McAleer have their donor base, and going through their reports shows where their bias exists. I avoid the appearance of evil by refusing to take money from anyone other than a single voter and the Libertarian Party of Utah.

Question: Is the state or the federal government more competent to make decisions on Utah’s public lands, and why?

Let me answer with a question, if you will. Why doesn’t the federal government believe that the people of Utah are competent to decide what to do with the land?

The fact is that Utah has some of the smartest people I’ve met. I’ve gone and talked to thousands of voters throughout Northern Utah, and I have met some of the most informed people in regards to the issues at hand in our nation. We are innovators, entrepreneurs, and have some of the best universities in America.

Congressman Bishop wants control of Utah lands to be in Utah hands, and I am inclined to agree. Donna McAleer is wanting control to be handled by a group of people a few thousand miles away, not connected to the issues that uniquely face Utah. I will always give the benefit of the doubt to the people who live in an area.

And let me state that the voters fully understand that we have to protect much of the land to preserve our tourism industry. That is one of the biggest economic factors in Utah, so to think that we are just going to strip mine and drill the place into oblivion is an ill informed position.

Question: Should teachers be allowed to carry arms in schools, and if not, what are some strong methods to protect our students?

I believe if they receive training on how to use a firearm, they should be able to carry. Currently, I do feel the standard for a teacher to carry in the classroom is far too low. All you really need is a concealed carry permit to be able to legally carry in a school.

I think a common sense approach would be for tactical training groups to teach the teachers how to properly respond to an active shooting situation. There are already groups who have offered such classes free of charge to teachers and faculty members, and I feel that it should be expanded as a requirement for the teacher to carry.

Ultimately, we are talking about the safety of children, and heaven forbid something like Sandy Hook happen at Ben Lomond High School or Lincoln Elementary. We protect just about everything with some sort of an armed presence, and our children are the key to the future. We should push for this training so the teacher knows how to properly respond.

Question: The recession is over, but there is a feeling of economic insecurity among the middle class. Adjusted for inflation, the median wage is the same as in 1989. What needs to be done to boost econmic security, particularly for the middle class and new college students?

I would argue that the recession really isn’t over, just a little better. It’s time to look at a cold, hard reality; the government has stuck its fingers where they don’t belong and it has prolonged the stagnation of the economy.

If you really want to have a booming economy, you have to get the government to stop interfering. We need to take a hard look at the regulations that impact business. Most big businesses can implement just about any change the federal government wants, but those small businesses are regulated out of business because it becomes too costly to comply with the demands.

We also need to take a real look at the tax code. I worked at the IRS in the business division for three years, and I am going to tell you that businesses are suffering in a very real way to stay afloat. If you aren’t a Walmart, Exxon, or other big business, you are on the verge of going out of business. I witnessed it with my own eyes.

My solution is to get rid of all forms of taxation and replace it with the Fair Tax. This is a point of purchase, or consumption tax on all new goods. This of course would exclude things like food, since that is a requirement to live, but all discretionary spending would have a sales tax (so to speak) placed on it.

This puts more power in the wallet of the person and ensures that the poor and middle class are not affected since the necessities are not taxed, but they keep 100% of what they earn. The more frugal you are, the more money you have.

Question: As we embark on what looks like another long chapter in the War on Terror, what will Hill’s role be? Do you feel that you can represent the base well and protect it from Base Realignment and Closure (BRAC) elimination and cuts?

Before I address Hill Air Force Base’s role, I would like to state my opposition to what is happening in Iraq and Syria. I have been one of the “boots on the ground” as a Marine Corps infantryman and seen what American foreign policy leads to when we start intervening around the globe. The results are not pretty. I have been there when innocent people are caught in the crossfire and I lost twenty three men I served with in Iraq, only so that we can go back again? It’s absurd and it’s time we realize that we cannot get involved every time something happens around the world.

Now, as for Hill, since we are involved, obviously we are going to be the hub for the new F-22, which has successfully been involved in combat missions in Iraq and Syria in recent weeks. Since the Congress and President decided we are going to be involved in the conflict, Hill’s mission becomes very critical at this point to ensure our pilots have well maintained aircraft that accomplish the mission and get them back home to see their families.

As a veteran from the ground side of a military campaign, I know how important air support is, and Hill has one of the best groups in the armed forces. When you are pinned down by enemy fighters, those F-16s coming in are a lifesaver. Every member on Hill, civilian and Air Force, are vital to national security and making sure we get our beans, bullets, bandages and air support.

Question: Are you satisfied with current efforts to improve air quality in our state? If so, why, and if not, what do we need to do to improve it?

I am not satisfied with efforts the state has been making. I have an asthmatic step son and it is the same routine every winter: we will end up at the hospital several times for him to get breathing treatments.

Now, Congressman Bishop would like to blame it solely on geography, and to an extent, it is true. The basin does trap a lot of pollution, but we need to address the causes of that pollution to ensure people can breathe better.

Now, federally, there isn’t much more we can do. There are EPA regulations that are supposed to be followed, and I would have to assume that they are enforced. So what more can be done? I do have one thing I would like to do that would help lessen the impact, and it is in regards to federal buildings.

I would like to see every building the federal government uses in Utah fitted with solar paneling so that they produce more of their own electricity. I would also like to see a change on the lights in federal buildings. When I worked security at the Junction in Ogden, I would regularly see the IRS buildings and federal office building on 25^th street. I worked graveyards and regularly saw lights remain on my entire shift, long after the last employees would leave. This causes unneeded electricity to be used, which not only impacts our air, but the wallets of the taxpayers. It’s real easy on that one: turn off the lights.

Question: If elected to Congress what could you do to improve education in Utah?

Education is so important, because our children literally are the future of our nation. What they learn today will impact our tomorrow. How do we address the future? By getting out of the way. We have spent so much time focusing on teaching children to pass a test (for money for the school) that we have stopped teaching them how to think, and instead teach them what to answer. This practice needs to stop.

We also need to stop having teachers be assessed by those tests. I have seen amazing teachers in my life step beyond the test and truly teach children, only to be chastised by the administration because that class didn’t deliver the results for more grant money. I’ve seen the opposite hold true as well, where teachers who only teach to the test are rewarded for essentially holding our children back.

We also need to have school districts be able to get rid of bad teachers. My brother told me a story of one of his teachers that essentially just handed a packet to the class and had them read on their own. No teaching, just reading a packet. That is not a teacher, and someone like that should be fired. On the flip side of this coin, good teachers need to be recognized often and publicly so they get the credit they deserve.

Finally, we need to address the problem of parental involvement with the student. A teacher can only do so much. Parents really need to step up and be involved with their kids. I think once the economy improves and one parent can again be home with the kids, things will get better, so the economy really ties into this since in many cases both parents work.

Question: If the case is accepted, how should the U.S. Supreme Court rule on Utah’s gay-marriage ban?

The Supreme Court really has no business being involved. Neither does any level or branch of government. The only role for government is contract enforcement when there is a harmed party. Two people signing a contract that they will take care of one another, regardless of their sexual preference, should have no government influence unless there is a breach of that contract like cheating, abuse, etc.

We cannot bar consenting adults from forming a contract that would allow for them to have protections given married individuals. It’s time for the argument of who gets to define marriage to be left up to the people, but no one gets to restrict a union.

Question: What would you ask your opponents?

Congressman Bishop: I would ask him why he only became fiscally responsible after President Bush left. I mean, when you go back to his beginning of holding office, he marched lock step with the Republican Party, getting a dismal rating of 44% by the New American. Now all of a sudden he’s the Tea Party, fiscal conservative champion? Sorry, but I have a longer term memory.

Donna McAleer: I would ask her what she honestly would do different than towing the same talking points offered by countless Democrats that have added to the gridlock and partisan politics in Washington, D.C., because as of now, I haven’t seen anything that counters what Democrats already do.

Dwayne Vance: I’d ask him why he think we need another lawyer in Washington, D.C. It’s already infested with lawyers. We need more people of diverse career paths.

2014 Weber County General Election Candidate Roster (Updated 10/30/14)

U.S. House of Representatives 1st Congressional District - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Rob Bishop	Rob Bishop Campaign Website	Rob Bishop 2014	Republican
Craig Bowden	Craig Bowden Campaign Website	Craig Bowden 2014	Libertarian
Donna McAleer	Donna McAleer Campaign Website	Donna McAleer 2014	Democratic
Dwayne A. Vance	Dwayne A. Vance Campaign Website	No Report Found	Independent American

Attorney General State of Utah - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Leslie D. Curtis	Leslie D. Curtis Campaign Website	Leslie D. Curtis 2014	Independent American
Gregory G. Hansen	Gregory G. Hansen Campaign Website	Gregory G. Hansen 2014	Constitution
Andrew McCullough	Andrew McCullough Campaign Website	Andrew McCullough 2014	Libertarian
Sean Reyes	Sean Reyes Campaign Website	Sean Reyes 2014	Republican
Charles A. Stormont	Charles A. Stormont Campaign Website	Charles A. Stormont 2014	Democratic

State Senate District 18 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Ann Millner	Ann Milner Campaign Website	Ann Milner 2014	Republican
Mat Wenzel	Mat Wenzel Campaign website	Mat Wenzel 2014	Democratic
Dwight Steffner	Dwight Steffner Campaign Website	Dwight Steffner 2014	Libertarian

State Representative District # 7 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Roger S. Condie	Roger S. Condie Campaign Website	Roger S. Condie 2014	Libertarian
Justin Fawson	Justin Fawson Campaign Website	Justin Fawson 2014	Republican
Camille L. Neider	Camille L. Neider Campaign Website	Camille L. Neider 2014	Democratic

State Representative District # 8 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Gage Froerer	Gage Froerer Campaign Website	Gage Froerer 2014	Republican
John H. Thompson	John H. Thompson Campaign Website	John H. Thompson 2014	Democratic

State Representative District # 9 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Steve Olsen	Steve Olsen Campaign Website	Steve Olsen 2014	Democratic
Jeremy Peterson	Jeremy Peterson Campaign Website	Jeremy Peterson 2014	Republican

State Representative District # 10 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Eric D. Irvine	Eric D. Irvine Campaign Website	Eric D. Irvine 2014	Democratic
Dixon M. Pitcher	None Found	Dixon M. Pitcher 2014	Republican

State Representative District # 11 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Brad Dee	Brad Dee Campaign Website	Brad Dee 2014	Republican
Amy Steed Morgan	Amy Steed Morgan Campaign Website	Amy Steed Morgan 2014	Democratic

State Representative District # 12 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Joseph Marrero	Joseph Marrero Campaign Website	Joseph Marrero 2014	Democratic
Mike Schultz	Mike Schultz Campaign Website	Mike Schultz 2014	Republican

State Representative District 29 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Lee Perry	Lee Perry Campaign Website	Lee Perry 2014	Republican
Alan Yorgason	Alan Yorgason Campaign Website	Alan Yorgason 2014	Democratic

Weber County Assessor 6 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
John Ulibarri (Unopposed)	Weber County Profile	John Uliberry October 2014	Republican

Weber County Attorney 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Chris Allred (Unopposed)	Chris Allred Campaign Website	Chris Allred October 2014	Republican

Weber County Clerk/Auditor 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Neil Aaron Hansen	None Found	Neil A. Hansen October 2014	Democratic
Ricky Hatch	Weber County Web Profile	Ricky Hatch October 2014	Republican

Weber County Commission Seat A - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
James Ebert (Unopposed)	None Found	James Ebert October 2014	Republican

Weber County Commission Seat B - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Kerry Gibson (Unopposed)	Weber County Web Profile	Kerry Gibson October 2014	Republican

Recorder/Surveyor 6 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Leann Kilts (Unopposed)	Leann Kilts Campaign Website	Leann Kilts June 2014 Leann Kilts October 2014	Republican

Sheriff 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
Terry L. Thompson (Unopposed)	Weber County Web Profile	Terry L. Thompson October 2014	Republican

Treasurer 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures	Party
John B. Bond	None Found	John B. Bond October 2014	Republican
Jared B. Erickson	Jared B. Erickson Campaign Website	Jared B. Erickson October 2014	Democratic

State School Board District #1 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
David L. Clark	None Found	David L. Clark 2014
Terryl Warner	State School Board Member Bio	Terryl Warner 2014

State School Board District #2 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Willard Z. Maughan	None Found	Willard Z. Maughan 2014
Spencer F. Stokes	None Found	Spencer F. Stokes 2014

Ogden School Board (*Incumbent)  District #2 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Douglas B. Barker	Douglas B. Barker Campaign Website	Douglas B. Barker October 2014
Steven L. Marker*	None Found	Steven L Marker October 2014

Ogden School Board (*Incumbent) District # 4 - 2 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Dori Stauffer Mosher	Dori Stauffer Mosher Campaign Website	Dori S. Mosher October 2014
Jeffrey Heiner*	None Found	Jeffrey Heiner October 2014

Ogden School Board (*Incumbent) District #7 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Aaron G. Garza	None Found	Aaron G. Garza October 2014
Joyce J. Wilson*	None Found	Joyce J, Wilson October 2014

Weber School Board District #1 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Dean L. Oborn (Unopposed)	None Found	Dean L. Oborn October 2014

Weber School Board District #2 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Mitsuko Mitzi Kawaguchi (Unopposed)	None Found	Mitsuko Kawagaki October 2014

Weber School Board District #3 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
John W. Bradley	None Found	John W. Bradley June 2014 John W. Bradly October 2104
Brent W. Richardson	None Found	Brent W. Richardson June 2014 Brent w. Richardson October 2014

Weber School Board District #6 - 4 year term

Declaration of Candidacy	Website/Contact Info	Campaign Finance Disclosures
Janis Christensen	None Found	Janis Christensen October 2014
Scott L. Hansen	None Found	Scott L. Hansen October 2014

Judicial Retention State and County

2014 Judicial Retention Reports
Judicial Performance Evaluation Commission Reports for Weber County

Constitutional Amendments and Proposition State and County

2014 Description and Analysis
Constitutional Amendment A
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Weber County Proposition 1

2014 Primary Election - Weber County School Board, District 3 - John W. Bradley

Candidate Declaration: John W. Bradley
Email: john.fundaze@hotmail.com
Phone: 801-476-8229
Campaign Website: None
Campaign Blog: None
Facebook: None
Twitter: None
Other: None
Financial Disclosures: June 2014
Weber County Forum keyword references: John W. Bradley
News and other publicly available information:
Our View: A final race to the polls

2014 Primary Election - Weber School Board District 3 - Brent W. Richardson

Candidate Declaration: Brent W. Richardson
Email: brentrichardson@gmail.com
Phone: 801-725-6949, 801-479-4103
Campaign Website: None
Campaign Blog: None
Facebook: None
Twitter: None
Other: None
Financial Disclosures: June 2014
Weber County Forum keyword references: Brent Richardson
News and other publicly available information:
Our View: A final race to the polls

2014 Primary Election - Weber County School Board District 3 - Steven C. Elsnab

Candidate Declaration: Steven C. Elsnab
Email: wsdbelsnab@yahoo.com
Phone: 801-479-3186
Campaign Website: None
Campaign Blog: None
Facebook: None
Twitter: None
Other: None
Financial Disclosures: None
Weber County Forum keyword references: None
News and other publicly available information:
Our View: A final race to the polls

2014 Primary Election - Weber County Recorder/Surveyer - Ernest Rowley

Candidate Declaration: Ernest Rowley
Email: Ernest.Rowley@hotmail.com
Phone: 801-985-3918
Campaign Website: None
Campaign Blog: Ernest Rowley
Facebook: Ernest Rowley
Twitter: None
Other: None
Financial Disclosures: 6/16/14
Weber County Forum keyword references: Ernest Rowley
News and other publicly available information:
Video intensifies Weber Recorder/Surveyor campaign
Our View: A final race to the polls

2014 Primary Election - Weber County Recorder/Surveyer - Leann Kilts

Candidate Declaration: Leann Kilts
Email: LeeannKilts@gmail.com
Phone: 801-644-0938
Campaign Website: None
Campaign Blog: Leann Kilts
Facebook: Leann Kilts
Twitter: None
Other: None
Financial Disclosures: 6/17/14
Weber County Forum keyword references: Leann Kilts
News and other publicly available information:
Video intensifies Weber Recorder/Surveyor campaign
Our View: A final race to the polls

2014 Primary Election - Utah House of Representatives District 7 - Dan Deuel

Candidate Declaration: Dan Deuel
Email: dan@dandeuel.com
Phone: 801-876-3668
Campaign Website: Elect Dan Deuel District 7
Campaign Blog: None
Facebook: Dan Deuel for Utah State House - District 7
Twitter: None
Other: None
Financial Disclosures: Dan Deuel
Weber County Forum keyword references: Dan Deuel
News and other publicly available information:
Similar views: GOP House District 7 candidates
Our View: A final race to the polls

2014 Primary Election - Utah House of Representatives District 7 - Justin Fawson

Candidate Declaration: Justin Fawson
Email: vote@justinfawson.com
Phone: 801-781-0016
Campaign Website: Justin Fawson House District 7
Campaign Blog: None
Facebook: Justin Fawson House District 7
Twitter: None
Other: None
Financial Disclosures: Justin Fawson
Weber County Forum keyword references: Justin Fawson
News and other publicly available information:
Similar views: GOP House District 7 candidates
Our View: A final race to the polls

Weber County 2014 Primary Election Roster

Click to Enlarge Image

Utah House of Representatives
Justin Fawson
Dan Deuel

Weber County Recorder/Surveyor
Leeann Kilts
Ernest Rowley

Weber County School Board, District 3
Steven C. Elsnab
Brent W. Richardson
John W. Bradley

Weber County GOP State Central Committee Members

County	Office	F_Name	L_Name	Phone	Email
Weber	County Chair	Noall	Knighton	801-476-3488	noall@comcast.net
Weber	County Vice Chair	Christie	Moore	801.510.6634	chrisim001@aol.com
Weber	SCC Rep	Elizabeth	Carlin	801-627-0729	buzytwo@netzero.net
Weber	SCC Rep	Dale	Bennion	801.814.8275	benniondale@hotmail.com
Weber	SCC Rep	James	Ebert	801.710.0788	jamesebert1@hotmail.com
Weber	SCC Rep	Bruce	Anderson	801.731.7713	bruceanderson314@yahoo.com
Weber	SCC Rep	Lynda	Pipkin	801-791-6998	healthywealthynwise@gmail.com
Weber	SCC Rep	Jill	Koford	801--721-3588	jill@kofordusa.com
Weber	SCC Rep	Jennifer	Evans	801-391-4142	evansje723@yahoo.com

2013 Ogden City Municipal Election Module

2013 Ogden City Municipal Election

• Ogden Municipal Election Candidate Roster
• Candidate Financial Disclosures
• WCF Ogden Election Articles
• Election Events
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Riverdale City Recorder Ember Herrick Standard-Examiner Comment

The Standard Examiner published incomplete information in their article on November 8, 2013 titled “Riverdale race still in limbo” that I feel the need to clarify as Riverdale’s Election Official. According to Weber County’s Election Office there are still 443 absentee ballots and 42 provisional ballots to be counted for a total of 485 votes. Riverdale’s unofficial election results show Council contenders Brent Ellis with 711 votes, Gary Griffiths with 504 votes, Cody Hansen with 463 votes and Steve Hilton with 457 votes. Simple arithmetic shows Riverdale’s race is still in limbo with 970 potential Council votes that still need to be tallied. Using vote by mail Riverdale’s turnout was 47%, a record high for voter participation.

The other point in the article that I would like to clarify is regarding the fact that one of Riverdale’s City Council candidates Gary Griffiths did not meet the financial disclosure deadline of 5 p.m. October 28, 2013 all the candidates agreed to in a signed acknowledgement when they filed for office in June 2013. The agreement clearly stated that "failure to file reports even if accumulated totals are $0 by the dates listed will cause the City Recorder to disqualify and effectively remove the candidate's name from the ballot." The other five candidates submitted their financial disclosures by the October 28, 2013 5 p.m. deadline but Mr. Griffiths came into my office on the morning of October 29, 2013 at 8:30 a.m. and explained that it was his 25th wedding anniversary the day before and he forgot to submit his financial disclosure by the deadline he had agreed to. Mr. Griffiths said he had received my email and letter sent via USPS reminding him of the deadline and the consequences for non-compliance including disqualification and having his name removed from the ballot but said he "just spaced it". I told him that I would consult with our city attorney and the Lt. Governor’s office and let him know whether or not his name would be removed from the upcoming election ballot.

As Riverdale's Election Official I created the City's Election Guide in January 2013 with all of the forms our candidates are required to complete and all deadlines they are required to meet. Based on my interpretation of state law that financial disclosure are due "seven days before the regular general election date" I set the deadline as Monday, October 28, 2013. Went I went to the Lt. Governor's website it only stated the deadline should be "seven days before the regular general election" and did not say if that was October 28th or 29th. I consider Tuesday October 29th seven days until the general election date of November 5, 2013, not seven days before. The October 28th deadline was also recognized by the Utah Municipal Clerks Association on their 2013 Election Checklist created January 8, 2013 and so that was the date I used. I would also note that none of the candidates challenged or attempted to correct the deadlines I had set until Mr. Griffiths missed the October 28, 2013 deadline.

I conferred with Riverdale City Attorney Steve Brooks and he agreed with me that Mr. Griffiths had missed the deadline and that the appropriate interpretation of “seven days before the general election” was Monday, October 28th at 5 p.m. I then contacted the Lieutenant Governor’s office and in a conference call Mr. Brooks and I spoke with the Deputy Director of Elections Justin Lee who told us that state law does not make determinations about removing candidates from ballots in municipal elections, it is up to the individual cities. When Mr. Brooks explained to Mr. Lee why we had set the deadline as October 28th he said his office has a financial disclosure deadline for Political Action Committees (PAC) in Utah of seven days before the general election and that they consider the deadline to be October 29, 2013. Mr. Brooks asked him to put that in writing and Mr. Lee sent the following email to us on October 29, 2013: “Our office has interpreted 7 days before the election to fall today, October 29 for municipal financial disclosures (Utah Code 10-3-208). As you can see from our statewide disclosures website there is a report due 7 days before the municipal general election for PACs (20A-11-602) and that report is due today, October 29 http://www.disclosures.utah.go.... Please note that this is not legal advice, but the opinion and interpretation of our office.”

In an effort to let the voters decide who their city council members will be and in deference to the interpretation of the Lt. Governor’s office of the October 29, 2013 disclosure deadline Riverdale’s City Attorney Steve Brooks contacted Mr. Griffiths and let him know that although he had missed the reporting deadline he agreed to abide by when he filed as a candidate, the city would not be removing his name from the election ballot because he did submit his disclosure by the state’s interpretation of the deadline 5 p.m. October 29, 2013. Mr. Brooks did warn Mr. Griffiths that if any of the other five candidates who met the October 28, 2013 disclosure deadline set by the city wanted to challenge Mr. Griffith’s name being left on the ballot, a judge would make the final determination.

Riverdale City Recorder Ember Herrick

Source: Ember Herrick Comment; Financial disclosure deadline confusion prompts questions in Riverdale election -Standard-Examiner 11/8/13

City Weekly - The Swallow Files

The Swallow  Files, a series of online and print stories examining notes,  observations and overlooked elements of the ongoing Swallow scandal as  the Legislature begins its lengthy investigation into the attorney  general’s fitness as a public servant:

• Indicted Poker-Payment Processor Speaks Out on Johnson, Swallow - Part 1
• Telemarketing Employees Told in '12 to Stop Mentioning Swallow - Part 2
• John Swallow's Untraceable Campaign-Money Cards - Part 3
• The Backup Candidate - Part 4
• Five Unanswered Questions About Swallow's Chaperone Program - Part 5
• E-mails Raise Questions About AG Investigation of UTA Development - Part 6
• Six Degrees of "Fixer" Tim Lawson to Utah's Attorneys General - Part 7
• Political 'Fixer' Tim Lawson Wants to Be Lt. Governor - Part 8
• If Swallow Is Found Legal But Unethical, Will Lawmakers Impeach? - Part 9
• How Would Things Be Different If Utah's AG Were Appointed? - Part 10
• AGs Blame Records Delay on Shutdown; Committee Disagrees - Part 11

LEAKED: The Internet Must Go

Published on Sep 8, 2013

In 2012, I was dispatched to help the big ISPs to figure out how to sell their vision for a "faster," "cleaner" internet. Six months later I produced this report -- and leaked it to the world. Learn more and take action: www.theinternetmustgo.com.

Also, I'm looking for a job -- any leads would be appreciated, thank you.

- John Wooley

"We owe John Wooley a debt of gratitude for leaking this market research. Originally intended for internal purposes only, it has finally found its most important audience." -John Wooley's Mom

Daniel Olsen August 29, 2013 Email

From: Olsen, Daniel
Sent: Thursday, August 29, 2013 1:15 PM
To: mbeyer@standard.net
Cc: Hatch,Ricky; Gibson,Kerry; Bell, Matt; Zogmaister, Jan M.
Subject: Inaccuracies in your article on Summit Mtn and Weber County

Mikayla,

Your story in today’s paper on Summit Mountain and Weber County’s special assessment arrangement has several inaccuracies that lead the reader to believe the County is paying a portion of the bonds on behalf of Summit.

Specifically, your article quotes me as saying, “We borrowed enough money so that Weber County can make the bond payments for the first two years” (emphasis added). I would never say such a thing because it’s not true.

Again you write, “In other words, the county, not Summit, will be making payments of just over $1.5 million for the next few years.” This sentence is completely false. Weber County is NOT paying any portion of the bond, nor would we have ever agreed to do so. You seem to have misunderstood how “capitalized interest” and “special assessments” work, so let me try again.

The first two years of bond payments come from cash that was included in the bond amount. So, of the $17.6 million bond, we put approximately $3 million into an account where it will be drawn down as bond payments come due during the first two years. Summit is then responsible for approximately $1.5 million in bond payments for the next 18 years. If we had not utilized “capitalized interest,” the bond would have been smaller, approximately $14.5 million, and Summit’s annual debt payment would have been about $1.2 million over 20 years. Either way, Summit pays the whole thing, and the County doesn’t pay a dime on the bonds.

Also, further in the article you state “the special assessment district will levy taxes within a 1,570 acre development” (emphasis added). Special assessments are NOT “taxes,” they are “assessments,” as defined in Utah Code Title 11 Chapter 42, and they are commonly used by other local governments in Utah. Under state law, the property owners, not the local governments, are responsible for repaying any debt incurred on behalf of those property owners.

What’s most disappointing to me is that the tone of your article implies the County has been lying to the public all along about this project. The County has been above-board about everything related to this project from the beginning. Your implications that anyone at Weber County would purposely try to deceive the public is deeply offensive.

I hope you will continue to report about issues facing Weber County, and I’m happy to answer your questions. But I also hope that in the future you will spend more time understanding the issues before you publish your articles.

Sincerely,

Dan


Dan Olsen


Comptroller | Weber County
2380 Washington Blvd Ste. 320 | Ogden UT 84401

801-399-8487 | dolsen@co.weber.ut.us | www.co.weber.ut.us

WDEC/OSD Document Production Request Data

Original WDEC Document Production Request:

• Kim Irvine Letter 6/12/13

OSD Response

• Brad Smith Letter 8/15/13 

Documents produced to Date:

• Interlocal Agreement Real Estate 10/27/09
• Interlocal Agreement Mitigation Payments 10/27/09
• RDA Projects Summary Excel Spreadsheet (4 pages)
• Teacher Retention 2007 - 2012
• Preliminary Results Language Arts
• Preliminary Results Math
• Total District Salaries

Other interesting peripheral material:

• Democrats ask school questions - Standard-Examiner 8/22/13
• Weber County democrats demand answers - ABC4 8/23/13 

Ben Pales OSD board presention:

2013 Steven D. Thompson Endorsements

• District #9 State Representative Jeremy Petersen 
• Weber County Democrats Education Caucus