R. L. Knuth, #3625
Jones, Waldo, Holbrook & McDonough
Attorneys for Plaintiff
170 S. Main Street, #1700
Salt Lake City, Utah 84101
Telephone: (801) 521-3200
PAUL W. MORTENSEN, #2331
Attorney for Plaintiff
P. O. Box 1294
Centerville, Utah 84014
Telephone/Fax: (801) 292-7059
_________________________________________________________________
JEFFERSON 21ST CENTURY
INSTITUTE, a Utah non-profit
corporation,
Plaintiff,
vs.
BOARD OF EDUCATION of the
PARK CITY SCHOOL DISTRICT,
NANCY T. DeFORD, in her
capacities as superintendent
and designated GRAMA officer
of the Park City School
District and HAL SMITH, in
in his capacities as principal
and designated GRAMA officer
of Park City High School,
PARK CITY PERFORMING ARTS
FOUNDATION, a Utah non-profit
corporation, and DOES I
through XX,
Defendants.
_________________________________________________________________
_________________________________________________________________
Plaintiff complains of Defendants and for causes of action states:
1. This action arises from a denial of the Institute's requests for public records to the Park City School District and Park City High School pursuant to 63-2-101 et seq., Utah Code Annotated (hereinafter at times called "the GRAMA Act"), and Park City School District Policy GBLA, JOA & KBA (hereinafter at times called "the School District GRAMA Policy"). Plaintiff ("the Institute") appeals such denials. Because a written agreement between the Park City School District and the Park City Performing Arts Foundation is involved, and because the school district relies on such agreement as a basis to fail to provide requested records to the Institute, the Institute necessarily seeks declaratory relief as part of its appeal.
2. Jurisdiction and venue rest under District Policy GBLA, JOA & KBA II. I. 3. (District Records Management, Exhibit "N" hereto) which authorizes an appeal to the Third District Court within thirty (30) days of receipt of a decision by the School Board. This Court further has jurisdiction under 78-33-1 et seq., Utah Code Annotated, which authorizes district courts to make declaratory judgments. Venue is proper in Summit County because the Park City School District and Park City High School are located in Summit County, Utah.
3. Plaintiff Jefferson 21st Century Institute (hereinafter at times called "the Institute") is a non-profit corporation incorporated in the State of Utah with its principal place of business in Centerville, Utah. The Institute is dedicated to the principle of appropriate separation of religion and government whereby government neither establishes, nor favors, one religion over another. The Institute serves to educate the public and public officials of threats to the separation of religion and government.
4. Defendant Board of Education of the Park City School District (hereinafter at times called "Board of Education"), is the governing board of the Park City School District, a political subdivision of the State of Utah located in Park City, Summit County, Utah and serves as an appeals board for appeals from Government Records Access Management Act (GRAMA) requests which have been denied in whole or in part.
5. Defendant Nancy T. DeFord (hereinafter at times called " Superintendent DeFord") is the superintendent of the Park City School District and was designated as the officer to receive and respond to Plaintiff's GRAMA requests to the Park City School District. Superintendent DeFord, in her official capacity as superintedent, also serves on the board of advisors board of the Park City Performing Arts Foundation.
6. Defendant Hal Smith (hereinafter at times called "Principal Smith") is the principal of the Park City School District and was designated as the officer to receive Plaintiff's GRAMA requests to Park City High School.
7. Defendant Park City Performing Arts Foundation (hereinafter at times called "the PCPAF") is a Utah non-profit corporation with its principal place of business in Park City High School, Park City, Summit County, Utah.
8. Defendant Does I through XX are persons or entities whose identities are presently unknown, and who possess public records which belong to the Park City School District or Park City High School and which by law are school district property and under the supervision and control of the Board of Education, Superintendent DeFord and/or Principal Smith. Doe I is a designee of Superintendent DeFord who serves on the advisory board of the PCPAF. Doe II and Doe III are members of the Board of Education who serve on the advisory board of the PCPAF.
9. During 1998 the Institute became aware of a troupe of Tibetan Buddhist Monks (hereinafter at times called "the Monks") which continually tours American cities. The Monks are sponsored by the Loseling Institute. The Loseling Institute is headquartered in Atlanta, Georgia, having been founded in 1991, with the Tibetan name Losel Shedrup Ling, as a non-profit religious and educational organization. The Loseling Institute serves as the North American seat for Drepung Loseling Monastery of Tibet.
10. The Institute became aware of the Monks' continual tour when the Monks performed religious ceremonies in public schools in Grand County and Salt Lake County, Utah during school hours in 1998. The Institute investigated the Monks' activities in the public schools and identified and analyzed numerous violations of constitutional and statutory law in a lengthy report available at www.j21c.org. During the spring of 1999, the school board of the Slippery Rock, Pennsylvania canceled the Monks' programs at Slippery Rock public schools when it concluded that hosting such programs would violate the Establishment Clause.
11. On or about August 9, 1999, the Institute mailed to every Utah school district, including the Park City School District, an alert which identified numerous threats to the separation of religion and government in public schools. Among the threats identified was the Monks' practice of entering public schools and performing Buddhist religious ceremonies by creatively labeling such activities as "culture" or "spiritual arts" rather than "religion." Principal DeFord acknowledged having received such alert in a telephone call with Institute Director Paul W. Mortensen on or about October 18, 1999. A true copy of such alert is annexed hereto as Exhibit "O".
12. On October 18, 1999 the Institute became aware that the Monks would be conducting a sacred mandala ceremony in the lobby of the Park City High School Performing Arts Auditorium during the week of October 18-22, 1999.
13. The auditorium together with a "black box theater" and associated lobby areas, concession facilities and restrooms facilities are also known as the The George S. & Delores Dore' Eccles Center for the Performing Arts ("the Eccles Center"). Expenses for construction such facilities were in part paid for by a $1.05 million grant from the George S. & Delores Dore' Eccles Foundation. The formation of the PCPAF coincided with such grant.
14. The Eccles Center portion of Park City High School is an integral part of the physical facilities of Park City High School. Fire doors between High School halls and the Eccles Center freely and directly open into the Eccles Center. The Eccles Center is regularly used for High School assemblies, High School theater productions and other High School activities. High school students have free and unlimited access to the Eccles Center lobby areas during free time between classes and before and after school. Students pass through the lobby areas when going to and from parking lots and to and from the football field. High School students in performing arts classes regularly use the black box theater and auditorium for instruction, auditions, rehearsals and productions. Other High School students and students from other school district schools also regularly use the facilities.
15. The Monks' mandala ceremony is inaugurated by sacred music, religious chants and prayers. Then, over five days, the Monks construct a sand painting dedicated to a deity. The sand painting is in the form of a sacred circle and details a sacred spiritual mansion associated with the deity. On the sixth day the Monks destroy the sand painting and pour the sand into a local stream to reconsecrate the earth and its inhabitants.
16. The inauguration and five day construction of the sacred sand painting at Park City High School occurred continuously during school hours during the school week of October 18-22, 1998 in the lobby of the Park City High School Performing Arts Auditorium, with the closing rites occurring on Saturday October 23, 1999.
17. While the sand painting was under construction the Monks offered for sale, and sold, sacred music, religious literature and religious artifacts in the auditorium lobby. Park City High school students had unlimited access to the auditorium lobby while the ceremony was conducted during school hours throughout the school week of October 18-22, 1998.
18. During the morning of October 19, 1999, the Institute's director, Mr. Mortensen, observed dozens of high school students visit the ceremony and sale table during breaks from classes. Based upon these observations the Institute determined to do a complete investigation and to prepare a written report similar to the Institute's report which documented the Monks' 1998 public school activities.
19. During his telephone call with Superintendent DeFord on October 18, 1999, Mr. Mortensen was advised by Superintendent DeFord that the Monks were performing their ceremony in the High School auditorium lobby during school hours as a result of a written agreement between the School District and the PCPAF, whereby the PCPAF books and sponsors events for the Park City High School Performing Arts Auditorium. Principal DeFord suggested that under such circumstances, it was the PCPAF, and not the Park City School District, which was sponsoring the ceremony, thus implying she believed there were no Establishment Clause issues even though a Buddhist devotional ceremony was taking place in the High School during school hours.
20. Superintendent DeFord had previously expressly asserted that PCPAF, rather than the school district, was the sponsor in an e-mail of September 1, 1999, a true copy of which is annexed hereto as Document 6 of Exhibit "G" hereto. In such e-mail Superintendent DeFord stated, "In our opinion, this experience is not sponsored by us (it's Summit Institute and PCPAF)." Also in such e-mail Superintendent DeFord acknowledged that students were anticipated to have free access to the ceremony, stating, "I don't mind if they [the Monks] move into the foyer ... as long as security is not our issue and they don't blame us when the high school football team tromps through the mandala!"
21. By request dated October 28, 1999, the Institute obtained copies of the School District's rental policy, Policy Code DFD & KG, a true copy of which is annexed hereto as Exhibit "L". By such request the Institute also obtained a copy of the written Agreement between the Board of Education and the PCPAF. A true copy of such Agreement is annexed hereto as Exhibit "M". Hereinafter at times such Agreement is called "the Agreement." By such request the Institute also obtained a copy of Policy Code GLBA, JOA, & KBA, the School District's records management policy adopted pursuant to 63-2-701 of the Government Records Access Management Act, 63-2-701, et seq., Utah Code Annotated (hereinafter at times called "the GRAMA Act"). A true copy of the School District's GRAMA policy GLBA, JOA & KBA (hereinafter at times called "the District GRAMA Policy") is annexed hereto as Exhibit "N".
22. Upon inquiry, the Institute was advised that GRAMA requests regarding the School District should be submitted to Superintendent DeFord and that GRAMA requests regarding the High School should be submitted to Principal Smith.
23. On November 17, 1999, the Institute submitted a GRAMA request to the School District by directing same to Superintendent DeFord. A true copy of such GRAMA Request is annexed hereto as Exhibit "A". Hereinafter at times such request is called the "School District GRAMA Request." On November 17, 1999, the Institute submitted a similar GRAMA request to the High School by directing same to Principal Smith. A true copy of such GRAMA Request is annexed hereto as Exhibit "B". Hereinafter at times such request is called the "High School GRAMA Request." At times herein the District GRAMA Request and the High School GRAMA request are collectively referred to as "the GRAMA Requests."
24. The GRAMA Requests each requested, inter alia, the following records:
A. Any and all contracts signed by or on behalf of the Monks and/or any sponsor for use of the High School auditorium (paragraph 1 of the GRAMA Requests), gymnasium and/or locker rooms (paragraph 2 of the GRAMA Requests) and/or any other school property (paragraph 4 of the GRAMA Requests) including all attachments and documents incorporated by reference therein.
B. Records reflecting consideration, authorization or waiver of facility usage policies under Policy Code DFD & KG, III.C. prohibiting "Long term or continual facility usage requests. (Paragraph 7 of the GRAMA Requests referring to paragraph 6 thereof.)
C. Records of fees paid by or on behalf of the Monks for use of the Park City High School Performing Arts Auditorium a/k/a Eccles Center (paragraph 8 of GRAMA Requests), and of fees paid by or on behalf of the Monks for use of the High School gymnasium and/or locker room (paragraph 9 of the GRAMA Requests).
D. Written records, E-mails and other forms of electronic transmissions of communications to school district employees, students or students' parents that the Monks would be at the Park City High School Performing Arts Auditorium a/k/a Eccles Center during school hours. (Paragraph 11 of the GRAMA Requests.)
E. Written records, E-mails and other forms of electronic transmissions of communications to school district employees advising such employees that the Monks would be at the Eccles Center during school hours and that such employees could take their students to the mandala ceremony. (Paragraph 12 of the GRAMA Requests.)
F. Any schedule made for visits by classes, students or School District employees to the mandala ceremony. (Paragraph 17 of the GRAMA Requests.)
G. Minutes, memoranda, correspondence or other records reflecting the Board of Education's consideration of the appropriateness of the Monk's activities during school hours or involving school classes in the Monks' activities. (Paragraph 18 of the GRAMA Requests.)
H. Records reflecting action of Superintendent DeFord, Principal Smith or any of their subordinates' consideration of the appropriateness of the Monk's activities during school hours or involving school classes in the Monks' activities. (Paragraph 19 of the GRAMA Requests.)
I. Records reflecting direct or indirect use of School District funds towards the mandala ceremony, including, but not limited to, donations, failure to assess fees, direct waiver of fees, printing/copying of flyers or announcements of the Monks' mandala ceremony, payment of gasoline for School District buses to transport students to the mandala ceremony, etc. (Paragraph 20 of the GRAMA Requests.)
25. By letter dated November 24, 1999, Superintendent Deford denied both of the GRAMA Requests. A true copy of such letter is annexed hereto as Document 1 of Exhibit "C". Superintendent DeFord's letter of December 9, 1999, clarified that the November 24, 1999 letter of denial applied to both the District GRAMA Request and the High School GRAMA Request. A true copy of the Superintendent DeFord's December 9, 1999 letter is annexed hereto as Document 2 of Exhibit "C". In her November 24, 1999, letter Superintendent DeFord stated, "I reviewed your letter and request for copies of records. No records such as those you request exist in our files, so no copies can be provided." (Emphasis added.)
26. The GRAMA Requests, inter alia, had requested contracts signed and records of fees paid by the Monks or anyone sponsoring the Monks for use of the High School auditorium and other facilities. Superintendent DeFord's parsed statement in her November 24, 1999 letter that no such records exist "in our files" suggested that the records sought by the Institute must be held by the PCPAF which under the Agreement controls booking at the Park City High School Performing Arts Auditorium, by some other person or entity, or were possessed by the School District or High School in someplace other than "in our files." Accordingly, the Institute did not accept that the School District and High School possessed absolutely no records whatsoever and on subsequent appeal the School District did produce certain records. (See paragraph 31, infra.)
27. The Institute timely appealed the School District's denial of the School District GRAMA Requests by letter dated November 30, 1999, a true copy of which is annexed hereto as document 1 of Exhibit "D". The Institute appealed the High School's denial of the High School GRAMA Request by letter dated December 3, 1999, a true copy of which is annexed hereto as document 2 of Exhibit "D". Hearing on both such appeals was set for January 7, 2000 at 2:00 p.m. at the School District offices before Tom Van Gorder acting as hearing examiner.
28. The School District's GRAMA Policy does not provide any means for joining third parties to GRAMA appeals wherein third parties' rights may be affected.
29. By letter dated December 14, 1999, the Institute notified the PCPAF of the Institute's appeals and date and place of hearing thereof, that the Institute believed that the PCPAF possessed public records identified in the Institute's GRAMA request, that the Agreement itself, or as implemented, unlawfully purported to deny the School District and High School responsibility for control of public records in violation of, inter alia, 53A-3-414(1), Utah Code Annotated, which provides, "It [the local school board] manages, directs and controls civic centers under this chapter" and 53A-3-413(1), Utah Code Annotated, which provides, "All public school buildings and grounds are civic centers and may be used by district residents for supervised recreational activities and meetings." Such letter was delivered to the PCPAF on December 16, 1999 via certified mail, return receipt requested. A true copy of such letter is annexed hereto as Exhibit "E".
30. At the hearing on January 7, 2000, Hearing Examiner Van Gorder stated that the PCPAF was not a proper party to the Institute's Appeals and would not be allowed to participate in the appeals. The Institute objected to such ruling. A true copy of the Institute's written argument submitted at the January 7, 2000 hearing, with exhibits omitted, is annexed hereto as Exhibit "F".
31. Following the January 7, 2000 hearing, Mr. Van Gorder made his ruling by letter dated January 14, 2000, a true copy of which is annexed hereto as Exhibit "G". Such ruling stated that certain records, consisting of Documents 1 through 6, were therewith being provided to the Institute. True copies of such Documents 1 through 6 are annexed to such letter, Exhibit "G" hereto. However, such ruling effectively denied Plaintiff's request for public records which are possessed by PCPAF or other persons or entities by failing to provide same to the Institute.
32. Mr. Van Gorder's ruling also failed to include other requested records, including, but not limited to, records regarding the Monks' use of the High School gymnasium to play basketball, which use was reported in a newspaper column written by PCPAF director Teri Orr, a true copy of which is annexed to Exhibit "A" and to Exhibit "B" hereto. School District Policy DFD &KG, Exhibit "L" hereto, at paragraph II.A.2 provides, "All non-school community groups will be charged maintenance and/or rental fees." No records reflecting rental agreements or fees paid for the Monks' use of the gymnasium have been produced.
33. Because of the foregoing the Institute believes, and therefore alleges, that it was not provided, and has not been provided, all requested records which by law are under the control of the Park City School District and High School, whether such records are held by third parties, the School District or High School.
34. The Institute timely appealed Mr. Van Gorder's ruling on its appeals to the Board of Education by letter dated January 18, 2000, a true copy of which is annexed hereto as Document 1 of Exhibit "H" hereto. The appeal included the Institute's claim that the PCPAF should be included in the appeal proceedings. The Board of Education accepted such appeal as reflected by its letter of January 27, 2000, a true copy of which is annexed as Document 2 of Exhibit "H" hereto.
35. On January 27, 2000 hearing before the Board of Education on the Institute's appeals was set for February 1, 2000 at 3:45 p.m. at the School District offices. By letter of January 27, 2000 the Institute advised the PCPAF of the appeal and hearing by faxing such letter to PCPAF on January 27, 2000 and by delivering such letter to PCPAF by certified mail, return receipt requested, on January 29, 2000. A true copy of such letter is annexed hereto as Exhibit "I".
36. Hearing on the Institute's appeals was held before the Board of Education on February 1, 2000. A true copy of the Institute's written argument submitted at the hearing, with exhibits omitted, is annexed hereto as Exhibit "J".
37. By letter dated February 8, 2000, the Board of Education denied the Institute's appeals of the GRAMA Requests. A true copy of such letter is annexed hereto as Exhibit "K". Such letter was received by the Institute on February 10, 2000.
38. Pursuant to the School District's GRAMA Policy, GBLA, JOA & KBA, Section II. I. 3, the Institute has the right to appeal to the Third District Court "within thirty (30) days after receiving the Board's decision." By this action the Institute appeals the Board of Education's denial of the GRAMA Requests in order to obtain requested records.
39. The Institute incorporates paragraphs 1 through 38 above by reference.
40. The Institute has requested public records pursuant to the GRAMA Act and the School District's GRAMA Policy. The School District, through the Board of Education, Superintendent DeFord and Principal Smith, has declined to produce public records to the Institute, inter alia, by relying on the Agreement entered into by the School District and the PCPAF.
41. 78-33-1, Utah Code Annotated, provides that this Court "shall have the power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed." 78-33-2, Utah Code Annotated, provides,
"Any person ... whose rights, status or other legal relations are affected by statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
42. Section Section 53A-3-413(1), Utah Code Annotated, provides:
All public school buildings and grounds are civic centers and may be used by district residents for supervised recreational activities and meetings.
43. Under the GRAMA Act, the Institute is entitled to access to public records regarding such "civic centers."
44. The Park City High School Performing Arts Auditorium (Eccles Center), and Park City High School gymnasium and locker rooms, are "civic centers" as defined under 53A-3-413(1), Utah Code Annotated.
45. School District Policy Code DFD & KG provides at its last page at paragraph 4.
a. Park City High School's Performing Arts Auditorium shall be scheduled in accordance with the agreement with the Park City Performing Arts Foundation. Please contact the PCPAF office at 655-3114 (box office) for use application form.
(See Exhibit "L" hereto.)
46. The Agreement purports to grant PCPAF the authority to manage, direct and control the Park City High School Performing Arts Auditorium. (See Exhibit "M" hereto.)
47. Section 53A-3-414, Utah Code Annotated, provides:
A local school board has the following powers:
(1) It manages, directs and controls civic centers under this chapter.
(2) It adopts rules for the use of these civic centers.
48. The Agreement provides at paragraph 4.1 that Superintendent DeFord, a designee of Superintendent DeFord, and two members of the Board of Education serve on the management advisory board of the PCPAF. Therefore, the Institute believes and alleges that Superintendent DeFord, her delegatee herein identified herein as Doe I, and two members of the Board of Education, herein identified as Doe II and Doe III, are, in their official capacities, affiliated with the PCPAF.
49. Defendants contend that under the Agreement the PCPAF, Superintendent DeFord, her designee Doe I, Board of Education members Doe I and Doe III, and Does IV through XX are private persons who manage, direct and control the Park City High School Performing Arts Auditorium and, therefore, that records held by the PCPAF and defendants Does I through XX are not public records belonging to the School District and are not subject to disclosure by the School District under the GRAMA Act.
50. In order to assert the foregoing position, the Board of Education has attempted to unlawfully abdicate its statutory duties under 53A-3-414, Utah Code Annotated, to manage, direct and control the Park City High School Performing Arts Auditorium and other civic centers, including the Park City High School gymnasium and locker room. The Board of Education and other defendants herein have attempted to unlawfully delegate such powers and duties to PCPAF and Does I through XX.
51. Through the Agreement and such unlawful conduct to implement same, the Board of Education has attempted to unlawfully establish an entity or system which the Board of Education argues is not accountable to the public or subject to the GRAMA Act and the School District GRAMA Policy.
52. The Institute is entitled to a decree declaring:
A. That the Agreement, itself and/or as implemented, is void as contrary to law and public policy;
B. That the existence of the PCPAF as an entity separate from the Park City School District is a fiction and that the PCPAF is in fact the Park City School District or an agent or subdivision of the Park City School District;
C. That all records requested by the Institute which are held by PCPAF and Does I through XX are School District records which are subject to disclosure under the GRAMA Act;
D. That Superintendent DeFord, Principal Smith, and/or the Board of Education are responsible for all such records; and
E. Granting such other relief as may be just.
53. The Institute incorporates paragraphs 1 through 52 above by this reference.
54. The Institute is entitled to access to, and copies of, the requested records pursuant to the GRAMA Act and the School District GRAMA Policy (Exhibit "N" hereto).
55. The Institute has requested from the Park City School District and Park City High School, but been denied, records including, but not limited to the records designated in subparagraphs A. through I. of paragraph 24, supra.
56. The School District and High School have wrongly failed to provide such records to the Institute.
57. The Institute believes, and therefore alleges, that records identified in subparagraphs A. through I. of paragraph 24 above are in the possession of the PCPAF and/or Does I through XX.
58. The School District, High School and Board of Education have unlawfully entered into the Agreement, or wrongfully implemented the Agreement, between the School District and the PCPAF and/or other defendants herein with the intent, and/or effect, of hiding from the public and the Institute records reflecting rental and use of civic center facilities which are subject to disclosure under the GRAMA Act. Among the records improperly hidden are those identified in subparagraphs A. through I. of paragraph 24 above.
59. The Institute is entitled to a decree declaring the Agreement void insofar as it is alleged to serve, or serves, to deprive the Institute and the public of access to the requested records.
60. The Institute is entitled to a decree ordering Superintendent DeFord, Principal Smith, the Board of Education, the PCPAF and Does I through XX to account to the Institute for all records identified in subparagraphs A. through I. of paragraph 24 above in their posession or under their control or in the possession or under the control of any person acting in concert with them. Such accounting should identify the record, the record's location and the person in control of same.
61. The Institute is entitled to a decree ordering Superintendent DeFord, Principal Smith, the Board of Education, the PCPAF and Does I through XX to provide to the Institute all records identified in subparagraphs A. through I. of paragraph 24 above in their posession or under their control or in the possession or under the control any person acting in concert with them and to provide true copies of same to the Institute.
62. Pursuant to 63-2-802(1), Utah Code Annotated, the Institute is entitled to an order enjoining the defendants and each of them and any person or entity acting in concert with them from denying, or attempting to deny, access to public records regarding the Monks or civic centers under the guise of any alleged contractual or other relationship existing between the parties, under any claim that any defendant herein is a private party, under any claim that the records are not subject to disclosure, or under any claim that any defendant is not subject to compliance with the GRAMA Act.
63. Superintendent DeFord, Principal Smith, and the Board of Education should be ordered to certify to the Court that, following diligent search, each record identified in subparagraphs A. through I. of paragraph 24 above has been identified and disclosed to the Institute, or that no such record exists.
64. Pursuant to 63-30-10.6 and 63-30-11, Utah Code Annotated, the Institute has filed with Superintendent DeFord contemporaneously herewith a notice of claim for attorneys fees. A copy of such notice is annexed hereto as Exhibit "P". Pursuant to 63-2-802(2), Utah Code Annotated, the Institute is entitled to recover its reasonable attorneys fees in bringing this action. As shown by Exhibit "F" and Exhibit "J hereto, the Institute provided a statement of position which adequately explained the Institutes position 20 days or more prior to the incurring of fees herein. 63-2-802(4), Utah Code Annotated.
WHEREFORE, the Institute is entitled to the following relief:
ON THE INSTITUTE'S FIRST CAUSE OF ACTION:
For a decree declaring:
A. That the Agreement, itself and/or as implemented, is void as contrary to law and public policy;
B. That the existence of the PCPAF as an entity separate from the Park City School District is a fiction and that the PCPAF is in fact the Park City School District or an agent or subdivision of the Park City School District;
C. That all records requested by the Institute which are held by PCPAF and Does I through XX are School District records which are subject to disclosure under the GRAMA Act;
D. That Superintendent DeFord, Principal Smith, and/or the Board of Education are responsible for all such records; and
E. Granting such other relief as may be just.
ON THE INSTITUTE'S SECOND CAUSE OF ACTION:
For a decree declaring:
A. That the Agreement is void insofar as it is alleged to serve, or serves, to deprive the Institute and the public of access to public records.
B. That Superintendent DeFord, Principal Smith, the Board of Education, the PCPAF and Does I through XX shall account to the Institute for all records identified in subparagraphs A. through I. of paragraph 24 above in their posession or under their control or in the possession or under the control of any person acting in concert with them. Such accounting shall identify the record, the record's location and the person in control of same.
C. That Superintendent DeFord, Principal Smith, the Board of Education, the PCPAF and Does I through XX shall provide to the Institute all records identified in subparagraphs A. through I. of paragraph 24 above in their posession or under their control or in the possession or under the control of any person acting in concert with them and provide true copies of same to the Institute.
D. That the defendants and each of them and any person or entity acting in concert with them be enjoined from denying, or attempting to deny, access to public records regarding the Monks or civic centers under the guise of any alleged contractual or other relationship existing between the parties, under any claim that any defendant herein is a private party, under any claim that the records are not subject to disclosure, or under any claim that any defendant is not subject to compliance with the GRAMA Act.
E. Superintendent DeFord, Principal Smith, and the Board of Education should be ordered to certify to the Court that, following diligent search, each record identified in subparagraphs A. through I. of paragraph 24 above has been identified and disclosed to the Institute, or that no such record exists.
F. That the Institute shall recover its reasonable attorneys fees and costs herein.
G. That such other relief as may just shall be granted.
DATED this 6th day of March, 2000.
/S/______________________________
R. L. KNUTH
Jones, Waldo, Holbrook &
McDonough
Attorneys for Plaintiff
/S/______________________________
PAUL W. MORTENSEN
Attorney for Plaintiff
Plaintiff's Address:
P. O. Box 1294
Centerville, Utah 84014