—________ndubovik@utah.got A er: uni Jones &Pngous, Pc Blake Hamiton "4 Pir Eat Smeg Sus 908 fucmey ae Ho senaoss Seer aw com Sar ste iy, ah 84190 1.000 801.415.3500 Fax swnmipiaw.com December 3, 2014 VIA ELECTRONIC MAIL Nova Dubovile Executive Secretary State Records Committee 346 S. Rio Grande Salt Lake City, UT 84101-1106 RE: State Records Committee Appeal Hearing for Nate Carlisle/Salt Lake Tribune Dear Nova: Lam writing to provide a written statement of facts, reasons, and legal authority supporting the position of my client, Hildale City, in the above referenced appeal, which is scheduled for a hearing before the State Records Committee (the “Committee”) on December 11, 2014 at 9:00 a.m, Ihave also attached documents supporting the facts in this matter. On August 7, 2014, I received an email from Nate Carlisle attempting to request certain records under the Utah Government Records Access and Management Act ((GRAMA”/ for a settlement agreement in an Arizona federal district court case, Cooke v. Colorado City, et al. See Carlisle Emails, attached thereto as Attachment 1, Although I hhad indicated to Mr. Carlisle that he could send his GRAMA request directly to me, Mr. Carlisle did not submit a formal request using Hildale’s GRAMA request form. 1 did not initially respond to Mr, Carlisle's email because I knew that the Settlement ‘Agreement he was requesting contained confidentiality provisions, I therefore contacted opposing counsel on that matter and informed them of the records request and Utah’s law on public records. See Emails attached hereto as Attachment 2, 1 received a response from the attorney for the Cookes, William Walker, stating that if Hildale produced the records he would consider them to have breached the Agreement. Id. ‘Therefore, Hildale did not initially respond to Mr. Carlisle's email request. On September 19, 2014, I was copied on a letter from Mr. Carlisle to Susan Mumford at the State Records Committee, attempting to appeal the presumed denial of his alleged GRAMA request. See September 19 Letter, attached hereto as Attachment 4, 1 was then contacted by Rosemary Cundiff regarding Mr. Carlisle's records request, and participated in a conference call on the subject. See Emails attached hereto as Attachment 5. I informed Ms, Cundiff and Mr. Carlisle of the email I had received from SALT LAE CITY PROVO | OGDEN ST, GEORGE LAS VEGAS SLC. 20051341Nova Dubovick December 3, 2014 Page 2 Mr, Walker and my concern that producing the Agreement to Mr, Carlisle would be considered a breach of its confidentiality provisions. I expressed my intent to seek some sort of guidance from the Court regarding the confidentiality of the Settlement Agreement and Hildale’s obligations under GRAMA. On October 9, 2014, Mr, Carlisle sent a letter to the Mayor of Hidale City, Philip Barlow, also appealing the denial of his alleged GRAMA request. See October 9 Letter, attached hereto as Attachment 5, On October 17, 2014, Hildale upheld the denial of Mr, Carlisle's request, again citing the situation with opposing counsel and the desire not to violate the confidentiality provisions in the Agreement. See October 17 Letter, attached hereto as Attachment 6, Ihave determined that the best way to protect my client from allegations of breach is to notify all the parties to the Settlement Agreement of Mr. Carlisle's request so that they can take any action they deem necessary to enforce the confidentiality provisions of the ‘agreement before the hearing, Today T'sent w letter to all the parties to the settlement agreement, explaining my position on the matter and notifying them of the date of this ‘Committee's hearing, See December 8 Letter, attached hereto as Attachment 7. L trust that the Committee will consider the situation in which my client finds itselft if it produces the Settlement Agreement to Mr. Carlisle, it faces claims of breach of contract from Mr. Walker, among others; if it does not produce the Settlement Agreement, it faces an order compelling it to do so from this Committee, Therefore, as I stated in my letter today (see Attachment 7), Hildale intends to produce the Settlement Agreement at the December 11 hearing unless there is some action taken with the Arizona federal district court that would bring this matter into question, Please feel free to contact me should you need anything further. I look forward to appearing before the Committee next week. Sincerely, DURHAM JONES & PINEGAR, P.C, R, Blake Hamilton RBH:amg Attachments cc: Nate Carlisle SLC, 2008194.Attachment 1From: Nate Carlisle Sent: Thursday, September 11, 2014 10:27 AM ce: Hamilton, R. Blake Subject: Re: GRAMA request from Salt Lake Tribune Blake: {'m checking in again on that GRAMA request, May I please have an update? Thanks, Nate On Sep 9, 2014, at 11:55 AM, Nate Carlisle wrote: Blake Can you please update me on the status of this request. I have not received a reply. ‘Thank you. Nate ‘On Aug 7, 2014, at 3:53 PM, Nate Carlisle wrote: ear Me. Hamiton: {1am making a request under the Utah Government Records Access and Management Act for copios of material | believe tobe # public record, | am a journalist worklng to benefit the public and ask you please waive fees associated with my request or notify me in advance if you intend to app fees. Please provide the records in a common electronic format when possible. | request a copy of the settlement reached between any or all parties in U.S. District Court, Arizona District, case 3:10-Cv-08105, also known as Cooke v. Colorado City, et al. Please contact me if you have questions or concerns, Thank you for your time in this mater. Sincerely, Nate Carisle Salt Lake Tribune 90 S. 400 West Sule 700 Salt Lake City, UT 84101 Doealisle@sltrb.com @natecarisleAttachment 2Hamilton, R. Blake William Walker Friday, September 26, 2014 2:23 PM Hamilton, R. Blake; Kane, Sandra jeff Matura; "Utah Local Governments Trust _ Ron _Jinjer Cooke_ Sate of Arizona 41305 -026._e filing notifications <{F2015288} WorkSiteSLC@wsmail djplaw.com>" ~<(F2015288). WorkSiteSLC @wsmaildjplaw.com> Subject: RE: Release of Settlement Agreement [{WOV-WorkSiteSL.C.F1D2015288] If you release the agreement without even a court order, we will consider the agreement breached and comment as we see fit. William Walker walkeratty@hotmail.com From: BHamilton@djplaw.com To: walkeratty@hotmail.com; Sandra Kane@azay CC: JMatura@gbmlawpe.com; {F2015288), WorkSiteSLC@wsmall.djplaw.com Subject: Release of Settlement Agreement [IWOV-WorkSiteSLC.F1D2015288] Date: Fri, 26 Sep 2014 19:46:26 +0000 Sandra and Bill: Our clients have received GRAMA requests for a copy of the settlement agreement between the Defendants and the Cookes. Pursuant to Utah Code Ann. § 63G-2-301(3)(d) and Arizona common law regarding public records, the settlement agreement is a public document and we are required to comply with this request. We are therefore notifying you that we intend to produce the settlement agreement in response to the GRAMA request. However, pursuant to the confidentiality provisions in the agreement, we do not Intend to make any comment on the document, and we would request that you and your clients do the same. Please let Jeff and I know by the close of business on Monday if you have any problem with this plan. Sincerely, Blake R. Blake Hamilton | Attorney at Law Durham Jones & Pinegar, P.C. 111 East Broadway, Suite 900 | Salt Lake City, UT 84112 Phone: 801.415.3000 | Fax: 801.415.3500 | BHamilton@djplaw.comThis e-mail message is for the sole use of the intended recipients) and may contain privileged or confidential Information, Unauthorized use, distribution, review or disclosure is prohibited. If you are not the intended recipient, please contact BHamilton@diplaw.com by reply email and destroy all copies of the original message. 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