Grand and San Juan Concerns

Grand and San Juan Concerns A repository of fact-based news. Send your news to be added. Commentary is turned off, however, sharing is allowed and encouraged.

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The Utah State Legislative Audit that was ordered six months ago developed a focus on any Open and Public Meetings Act v...
04/19/2023

The Utah State Legislative Audit that was ordered six months ago developed a focus on any Open and Public Meetings Act violations. This detailed article conveys the outcome. Here are a few points of interest:

Among the findings are that the commissioners accepted thousands of dollars in pro bono legal services. In addition, they found that the private counsel sought payments from local special interest groups for legal services given to commissioners.The audit could not prove that payments were actually made. The parties involved have denied that payments were made.

In addition, the San Juan County Commission letter (in response to the audit findings) suggests that the former county commissioners, “on at the least four occasions” were not unconventional as described in the report but rather “routine and deliberate and a clear violation of OPMA”…The letter recommends that the actions be further investigated and if there is evidence found, file charges and enforce OPMA violations.

Related to the finding of use of pro bono private counsel, the San Juan County Commission letter recommended an investigation of the “attorney’s actions for violations of the Utah Rules of Professional Conduct.”

The letter from the current Commission concluded by recommending the legislature strengthen Utah Code for OPMA, adding “The audit appears to suggest that because of the actions of [Commissioner Maryboy] and [Commissioner Grayeyes] violating State Code and County Policies, without recourse, allows future Commissioners to act in these same manners without any threat of penalty.

“This only continues to hurt and compounds the amount of distrust that our citizens have in our elected leaders here in San Juan County and Utah as a whole.

While the original performance audit also named Grand County, Martinson reports that the documentation, compared to San Juan County, is quite a bit less.

“The risk of an issue was whether or not either of these counties violated OPMA,” said Martinson. “As far as we could determine with Grand County, we were unable to detect there was any risk of that.”

Thanks to the San Juan Record for this full, detailed report here:
https://www.sjrnews.com/san-juan-county/performance-audit-san-juan-county-commission-published-identifies-several-

HB416 passed this afternoon in an overwhelmingly favorable vote of 5-0 (with 3 absent or not voting). Video should be up...
02/28/2023

HB416 passed this afternoon in an overwhelmingly favorable vote of 5-0 (with 3 absent or not voting). Video should be uploaded for future watching on the State website here https://le.utah.gov/

IN FULL DISCLOSURE, this page supported Grand County’s ability to spend TRT funds on economic diversification in the pas...
02/23/2023

IN FULL DISCLOSURE, this page supported Grand County’s ability to spend TRT funds on economic diversification in the passing of HB247 two years ago. The new HB416 introduced into the legislation this year would revoke that ability, a desire that gained incredible bipartisan support when it passed nearly unanimously through the House last Friday. Shockingly, strong support for the bill was shown by House Democrats. Even with a paid lobbyist, Grand was only able to secure 3 out of 14 House Democrats' votes in opposition. This shocking across-the-aisle rebuke of Grand County spurred an investigation that now gives no pleasure to report.

“Catastrophic” was the word used when Grand’s Strategic Director first told the County Commission (and the press) how this bill would impact essential services prior to it being drafted, followed by inflammatory statements stating it would force a property tax increase. The motivation behind the bill was explained to be political pettiness. Citizens were understandably upset, frustrated and confused. Reassurances from the bill’s sponsor confirmed it would not threaten essential services in any way, and that it would not remove any funding but only remove the ability to spend the funding on economic diversity, there would be no justification for a property tax increase. Some felt this assurance to be untrue and continued to worry about survivability, while others felt that political fear tactics were being employed by those they had come to trust.

Those speaking in favor of the bill in the sometimes dramatic legislative hearing focused on the manner Grand County used the funds in a particular $1 million grant program. Grand County and others opposing the new bill (HB416) argued that concerns over the grant program stemmed from state-imposed time pressure. They stated a “use it or lose it” time pressure forced a quick spending of the funds, and pleaded for more time to “tweak the program”.

However, when speaking at the hearing, Grand County’s Strategic Director, who presented himself as Grand’s Chief Financial Officer, detailed a compromise he had struck during his lobbying efforts to pass the original HB247 two years ago. This compromise limited the County’s ability to “hold” TRT funds in reserve, ensuring that most of the money would have to be spent on economic diversification activities as TRT funds came in. The time pressure was self-induced, coming from the County’s failure to spend the funds as they came in. Furthermore, in a 2020 local news article, the Strategic Director/CFO (who was then the County Administrator) spoke of the “decades” long effort to gain this ability to use TRT funds for economic diversification.

After spending the time and money to successfully lobby the state in 2021, and the subsequent two years since, the Strategic Director’s only plan for how to use this funding was to quickly dispense of it out of a self-imposed time pressure to meet a deadline put in place two years prior with his direct involvement. These facts defeat the concept of an unexpected, urgent pressure from the State and beg questions regarding the County’s lack of strategic planning and responsible fiscal management.

The Strategic Director also stated that the “use it or lose it” provisions made them focus on creating the grant program to keep the funds in the community, thinking it a good idea at the time but now saying “it seemed to be a miscalculation”. A little research into the grant program indicates the miscalculation appears not to have been the creation of the grant program, but the lack of adherence to its own policies and procedures.

Newly uploaded documents on the County website reveal that a four-point scoring system was created to ensure fairness in the grant approval process. However, the ranking system does not appear to have been utilized in the selection of who was awarded funds. Two applicants who scored the same resulted in one receiving funds while the other did not, and a very highly-scored applicant was denied funding while one of the worst-scoring applicants was approved. Requirements seemed to change per applicant as some grants were approved for funds to be spent on employee wages while others were denied grants because the funds would be spent on wages.

All of this points to either the ranking system being extremely deficient or an utter failure of oversight in ensuring adherence. The latter appears more likely when reading grant approval comments like this, “The committee felt that, though this project does not represent the economic diversification as outlined in Grand County guiding documents and policies, it does represent a commitment to our region”.

Oversight responsibilities are difficult to ascertain as in the past few years numerous, seemingly duplicate boards and councils have been created, folded and recreated. They include the:

Economic Development Department (EDD)
Community and Economic Development Department
Economic Development Advisory Board (EDAB)
Economic Diversification Advisory Council (EDAC)
Grand County Economic Diversification Council (GDEDC)

Oddly, there are no public meeting minutes available on the County’s website for any of these various economic boards and committees, nor are there meeting records from the Economic Department itself. This makes it difficult to determine if proper conflict of interest recusals were exercised, such as when a County Commissioner received grant funding himself.

In effort to review the County budget raised additional fiscal management concerns as there appear to be irregularities that do not adhere to industry standard accounting practices. An internal audit performed back in 2021 raised serious concerns about the fiscal management of Grand County’s $70 million budget. As part of this audit, the County scored zero out of a possible 50 points due to a lack of proper qualifications and training, noting specifically that no one on the managing staff retained an accounting degree. Grand County shared their solution a few months ago by announcing they had retained an employee who is currently going to school in hopes of obtaining a basic accounting degree. Again, this is a $70 million budget.

Interestingly, budget responsibilities have followed a particular employee, Chris Baird, as they moved from the elected office of the County Clerk into the role of County Administrator. Budget responsibilities then moved again as he left the County Administrator position for the newly-created position as Grand County’s Strategic Director. There are no public records to be found for why this second-highest-paid position in the County was needed. It appears that Human Resources did not publicly advertise this position, and the County Commission has offered no record of discussion to justify this role. There is no record of the Commission appointing him Grand’s Chief Financial Officer, which appears to have been done after the internal audit showing massive fiscal failures.

Lack of funding has always contributed to Grand’s inability to dedicate true political focus toward diversifying its economy. After working for decades to obtain an enviable $1 million budget, the resounding message from the state is that Grand County has failed miserably. Grand’s inability to secure the support of even House Democrats who overwhelmingly voted for HB416 sends a strong message.

Sadly, this golden opportunity has been squandered away due to the appalling lack of strategic planning and fiscal irresponsibility.

This is a disturbing development. The individual has been named on social media as the same person who has written sever...
02/22/2023

This is a disturbing development. The individual has been named on social media as the same person who has written several letters and made comments that left some concerned about his potential actions. Reading and seeing these images lend credibility to those fears. Glad the police department up there took this seriously.

HOUSE BILL 416 PASSES, revoking Grand County’s economic development caveat in TRT spending. In a shocking vote of 64 to ...
02/17/2023

HOUSE BILL 416 PASSES, revoking Grand County’s economic development caveat in TRT spending. In a shocking vote of 64 to 3 (8 absent or not voting), it appears a majority of Democrats voted in support of the bill. A full vote count is in the comments. More on this developing story coming soon.

FYI The Utah State Legislature has moved the Grand and San Juan County Government Compliance Audit forward into the Surv...
11/24/2022

FYI The Utah State Legislature has moved the Grand and San Juan County Government Compliance Audit forward into the Survey stage.

11/24/2022

Today, gratitude goes to those who courageously step into public office, to those brave enough to raise question them, and to those wise enough to allow for dissenting voices. This is the only way to ensure political checks and balances are in place. It is not a matter of the political leanings of an official or which organization they work working with, but a matters of right and wrong, legal and illegal. May we all keep a strong heart to solider onward and an open mind for being wrong to correct our missteps. God be with you, may your family be strong and your belly full today. Happy Thanksgiving.

The responsibility of the press is to present the facts. When public concerns are not addressed by the press, suspicions...
11/14/2022

The responsibility of the press is to present the facts. When public concerns are not addressed by the press, suspicions are allowed to run wild. This is what is being experienced in Grand and San Juan Counties.

For years, San Juan County has been embattled with strife. Two newly elected candidates relied on outside counsel for their day-to-day decision as County Commissioners. The council was provided by a spin-off of a $25 million organization that had endorsed their campaigns. This gave unusual support in a region with a poverty rate 63% higher than the national average, a 29% higher disability rate, 60% without basic health insurance, and a whopping 40% without basic running water.

However, healthcare and water access were not the focus of influence from this outside council, the Southern Utah Wilderness Alliance (SUWA), and their Rural Utah Project (RUP). Instead, land use issues were at the forefront. Neither of the two attorneys providing counsel lived in San Juan County. Tensions rose as citizens felt agendas and resolutions were being pushed through for the benefit of outside counsel rather than for the local constituents. The public felt they were not being served by their new Commissioners, but that the new Commissioners were serving SUWA/RUP.

With no press coverage, political contentions spilled into the public. Near the end of September, emails claimed to be obtained through a public records Government Access and Management Act (GRAMA) request were posted on social media. One of them revealed discussions to hide a roughly $250,000 payment for influencing the County Commissioners. Others appeared to offer complete written agendas for the Commissioners to use during County meetings. Many emails showed apparent and repeated violations of the Open and Public Meetings Acts, which included political leaders from Grand County. Clear instructions were also given to block the emails from being released in the public records GRAMA request..

Despite this apparent trail of unethical and illegal conduct, local media agencies remained silent. Without an active press, the public is left without the assurances of transparency that control corruption concerns, allowing its tentacles to grow in the shadows of disbelief. Left unchecked, these can reach difficult-to-believe conspiracy levels.

𝗧𝗶𝗲𝘀 𝘁𝗼 𝗚𝗿𝗮𝗻𝗱 𝗖𝗼𝘂𝗻𝘁𝘆

This outside counsel in San Juan County also happens to be the political consultant to the Grand County Democratic Party. This concerned some members whose frustrations spilled into the public sphere after being unable to gain answers. A picture was cast of the Party leadership being an exclusive and elite fiefdom comprised solely of SUWA representatives. Party leadership refrained from providing proper notification for the Democratic caucus and expressed surprise by what they considered to be a large number in attendance.

There were 11 members who participated.

Troubling documentation seemed to show the special-interest group supported by Democratic Party had now toppled it, leaving the Democratic Party in the subservient supporting role instead. This created a disturbing view that the focus of San Juan County's corruption fears was also in control of a major political party in Grand County.

As the controversy grew over months, the deafening silence from the press allowed public concerns to turn into public outrage. Frustrated pleas to gain the attention of the state began in September. Candidates running for office experienced mounting pressure to distance themselves from SUWA and RUP. Doing so did little to appease the cemented frustrations of the public.

In response, an editor of a local newspaper offered this opinion piece:

"𝐸𝑛𝑡𝑖𝑡𝑖𝑒𝑠 𝑤𝑖𝑡ℎ 𝑒𝑚𝑝𝑙𝑜𝑦𝑒𝑒𝑠 𝑡ℎ𝑎𝑡 ℎ𝑎𝑣𝑒 𝑏𝑒𝑒𝑛 𝑖𝑛𝑣𝑜𝑙𝑣𝑒𝑑 𝑖𝑛 𝑀𝑜𝑎𝑏, 𝐺𝑟𝑎𝑛𝑑 𝐶𝑜𝑢𝑛𝑡𝑦 𝑎𝑛𝑑 𝑠𝑜𝑢𝑡ℎ𝑒𝑎𝑠𝑡 𝑈𝑡𝑎ℎ 𝑓𝑜𝑟 𝑑𝑒𝑐𝑎𝑑𝑒𝑠 𝑎𝑟𝑒 𝑠𝑢𝑑𝑑𝑒𝑛𝑙𝑦 “𝑜𝑢𝑡𝑠𝑖𝑑𝑒 𝑖𝑛𝑓𝑙𝑢𝑒𝑛𝑐𝑒𝑠” 𝑜𝑟 “𝑠𝑝𝑒𝑐𝑖𝑎𝑙 𝑖𝑛𝑡𝑒𝑟𝑒𝑠𝑡𝑠”…𝑇ℎ𝑒 𝑒𝑙𝑒𝑐𝑡𝑜𝑟𝑎𝑡𝑒, 𝑒𝑠𝑝𝑒𝑐𝑖𝑎𝑙𝑙𝑦 𝑡ℎ𝑜𝑠𝑒 𝑤ℎ𝑜 𝑚𝑎𝑘𝑒 𝑡ℎ𝑒𝑖𝑟 𝑣𝑜𝑖𝑐𝑒𝑠 ℎ𝑒𝑎𝑟𝑑 𝑜𝑛 𝑠𝑜𝑐𝑖𝑎𝑙 𝑚𝑒𝑑𝑖𝑎 — 𝑠𝑜𝑚𝑒 𝑜𝑓 𝑡ℎ𝑒𝑚 𝑜𝑣𝑒𝑟 𝑎𝑛𝑑 𝑜𝑣𝑒𝑟 𝑎𝑔𝑎𝑖𝑛 — ℎ𝑎𝑣𝑒 𝑔𝑖𝑣𝑒𝑛 𝑚𝑒 𝑝𝑎𝑢𝑠𝑒 𝑡𝑜 𝑝𝑜𝑛𝑑𝑒𝑟 𝑗𝑢𝑠𝑡 ℎ𝑜𝑤 𝑙𝑜𝑛𝑔 𝑤𝑒’𝑟𝑒 𝑠𝑢𝑝𝑝𝑜𝑠𝑒𝑑 𝑡𝑜 𝑟𝑒𝑚𝑎𝑖𝑛 𝑠𝑖𝑙𝑒𝑛𝑡 𝑤ℎ𝑖𝑙𝑒 𝑜𝑡ℎ𝑒𝑟𝑠 𝑡ℎ𝑟𝑜𝑤 ℎ𝑎𝑙𝑓-𝑡𝑟𝑢𝑡ℎ𝑠 𝑎𝑛𝑑 𝑜𝑢𝑡𝑟𝑖𝑔ℎ𝑡 𝑙𝑖𝑒𝑠 𝑎𝑟𝑜𝑢𝑛𝑑 𝑙𝑖𝑘𝑒 𝑘𝑖𝑑𝑠 𝑡𝑜𝑠𝑠 𝐹𝑟𝑖𝑠𝑏𝑒𝑒𝑠 𝑎𝑡 𝑡ℎ𝑒 𝑝𝑎𝑟𝑘."

It was unclear who wanted the press to remain silent. Nor was it clear what was being referenced as untrue, a critical and curious omission.

Near the end of October, the Utah State Legislature moved to put a Grand and San Juan County Government Compliance Review on the docket. Media outlets from Salt Lake City provided coverage of the history of the controversy, showing screenshots of the emails in question. Utah House Speaker Brad Wilson explained the reason for the audit; “…𝑦𝑜𝑢 𝑑𝑜𝑛’𝑡 𝑒𝑙𝑒𝑐𝑡 𝑙𝑒𝑎𝑑𝑒𝑟𝑠 𝑡𝑜 𝑡ℎ𝑒𝑛 𝑏𝑒 𝑡𝑜𝑙𝑑 𝑤ℎ𝑎𝑡 𝑡𝑜 𝑑𝑜 𝑏𝑦 𝑜𝑢𝑡𝑠𝑖𝑑𝑒 𝑖𝑛𝑡𝑒𝑟𝑒𝑠𝑡 𝑔𝑟𝑜𝑢𝑝𝑠 𝑑𝑎𝑦 𝑖𝑛 𝑎𝑛𝑑 𝑑𝑎𝑦 𝑜𝑢𝑡 𝑎𝑛𝑑 ℎ𝑎𝑣𝑒 𝑡ℎ𝑒𝑚 𝑑𝑟𝑖𝑣𝑒 𝑡ℎ𝑒 𝑎𝑔𝑒𝑛𝑑𝑎."

𝗧𝗵𝗲 𝗩𝗼𝘁𝗲𝗿𝘀 𝗦𝗽𝗲𝗮𝗸

In sweeping unison, the citizens voted out or blocked almost every candidate in Grand and San Juan County with ties to SUWA and RUP. The newspaper published an article on the audit with the subtitle, “Commission suggests political motivations”. It was not mentioned that two of the Commissioners are tied to the controversy. In the same paper was the editor's column where opinion was offered:

"…𝑤𝑎𝑠 𝑛𝑜𝑡ℎ𝑖𝑛𝑔 𝑚𝑜𝑟𝑒 𝑡ℎ𝑎𝑛 𝑎 𝑝𝑜𝑙𝑖𝑡𝑖𝑐𝑎𝑙 𝑚𝑜𝑣𝑒 𝑑𝑒𝑠𝑖𝑔𝑛𝑒𝑑 𝑡𝑜 ℎ𝑒𝑙𝑝 𝑜𝑢𝑡 𝑙𝑜𝑐𝑎𝑙 𝑅𝑒𝑝𝑢𝑏𝑙𝑖𝑐𝑎𝑛 𝑐𝑎𝑛𝑑𝑖𝑑𝑎𝑡𝑒𝑠, 𝑜𝑟 𝑅𝑒𝑝𝑢𝑏𝑙𝑖𝑐𝑎𝑛 𝑐𝑎𝑛𝑑𝑖𝑑𝑎𝑡𝑒𝑠 𝑤ℎ𝑜 𝑎𝑟𝑒 𝑟𝑢𝑛𝑛𝑖𝑛𝑔 𝑎𝑠 𝑢𝑛𝑎𝑓𝑓𝑖𝑙𝑖𝑎𝑡𝑒𝑑, 𝑎ℎ𝑒𝑎𝑑 𝑜𝑓 𝑡ℎ𝑒 𝑒𝑙𝑒𝑐𝑡𝑖𝑜𝑛. 𝑇ℎ𝑎𝑡’𝑠 𝑟𝑒𝑝𝑟𝑒ℎ𝑒𝑛𝑠𝑖𝑏𝑙𝑒.."

An editor’s opinion that is in contrast with the majority of the voters does little to quell public concerns. Proclaiming falsehoods without providing facts is akin to making allegations without proof. Providing countering proof to the emails that instigated a state audit is what is needed.

𝗣𝗿𝗲𝘀𝘀 𝗥𝗲𝘀𝗽𝗼𝗻𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝘆

The press plays a tremendous role in either strengthening our public unity or deepening our political divide. Limited press coverage combined with strong editorial opinions only serves to deepen community divides. Those who feel the controversy was a political stunt feel condoned by the silence of the press. Others view the silence as proof factual concerns are being repeatedly ignored.

Whether by ignorance or choice, a press that remains silent provides cover to those in power who are being questioned. This risks being viewed as either complacent or compliant.

While crafting the Bill of Rights for the U.S. Constitute, James Madison kept the 1776 Virginia Declaration of Rights by his side. Section 12 reads:

“𝑻𝒉𝒆 𝒇𝒓𝒆𝒆𝒅𝒐𝒎 𝒐𝒇 𝒕𝒉𝒆 𝒑𝒓𝒆𝒔𝒔 𝒊𝒔 𝒐𝒏𝒆 𝒐𝒇 𝒕𝒉𝒆 𝒈𝒓𝒆𝒂𝒕 𝒃𝒖𝒍𝒘𝒂𝒓𝒌𝒔 𝒐𝒇 𝒍𝒊𝒃𝒆𝒓𝒕𝒚, 𝒂𝒏𝒅 𝒄𝒂𝒏 𝒏𝒆𝒗𝒆𝒓 𝒃𝒆 𝒓𝒆𝒔𝒕𝒓𝒂𝒊𝒏𝒆𝒅 𝒃𝒖𝒕 𝒃𝒚 𝒅𝒆𝒔𝒑𝒐𝒕𝒊𝒄 𝒈𝒐𝒗𝒆𝒓𝒏𝒎𝒆𝒏𝒕𝒔."

Perhaps it does not take a despotic government to interrupt our concepts of a free press, as it is more easily achieved through the non-actions of the press itself.

Now THIS is investigative journalism.  The author of this compelling article is Bob Keshlear, prior Director of Communic...
11/11/2022

Now THIS is investigative journalism. The author of this compelling article is Bob Keshlear, prior Director of Communication for the Utah Democratic Party, Democratic National Committee who also worked on the Heidi Reed campaign for Senate District #27.

A blog about San Juan County (Utah), Bears Ears National Monument and related environmental politics

Tuesday, November 8th is the last day to get your ballot in to have your vote counted.
11/08/2022

Tuesday, November 8th is the last day to get your ballot in to have your vote counted.

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