![\"From](\"http:\/\/michaelclara.com\/wp-content\/uploads\/2016\/01\/UTApathTOReform.jpg\")
<\/a>From UTA Web Page under TRUST<\/p><\/div>\n
I filed a GRAMA Appeal with UTA Board Chairman Burton as set forth in UTA Corporate Policy 1.1.10 -Records Access and Management Policy.\u00a0In response to my GRAMA appeal Chairman Burton has the UTA attorney send me a CEASE and DESIST letter. Yet UTA wants the public to trust them.<\/pre>\nTEXT OF MY GRAMA APPEAL LETTER:<\/strong><\/p>\n
15 January 2016<\/p>\n
SENT USPS CERTIFIED\/RESTRICTED DELIVERY:9590 9401 0065 5071 7975 58<\/span><\/b>
\nMr. H. David Burton, Chair \u2013 Board of Trustees \/ Utah Transit Authority
\n\u2105 Ms. Rebecca Cruz, Board of Trustees Support Manager
\n669 West 200 South
\nSalt Lake City, Utah 84101<\/p>\n<\/p>\n
Re:<\/span><\/b> GRAMA APPEAL NOTICE OF DENIAL & DEMAND FOR PRESERVATION<\/span><\/p>\n
Dear Chairman Burton,
\nThe purpose of this letter is twofold:<\/p>\n1. GRAMA Appeal Notice of Denial [1]<\/a>
\n2.\u00a0 Demand for Preservation of Documents [2]<\/a>
\n<\/b>
\nGRAMA APPEAL NOTICE OF DENIAL<\/b>
\nPursuant to Utah Government Access Records Act (GRAMA), [3]<\/a> I am appealing Mr. Benson\u2019s denial of my GRAMA appeal:<\/p>\nOn December 21, 2015<\/b>, I submitted a GRAMA request to UTA. I was seeking information surrounding the circumstances of my unjustified and wrongful termination by Mr. Matt Sibul, Chief Planning Officer.<\/p>\n
On January 7, 2016<\/b>, I submitted a GRAMA notice of appeal to Mr. Benson. On that same day I received a reply from Ms. Larsen, UTA GRAMA officer. Ms. Larsen stated that UTA required an additional five business days in order to respond to my request.<\/p>\n
On January 15, 2016<\/b>, I have received no response to my request. Accordingly I am filing this appeal for your review and response. Three months ago, I was notified that my earned vacation days were converted to \u201cjob abandonment\u201d<\/i> for the purposes of employment discharge; the devious termination of my twenty year career with UTA was orchestrated by Matt Sibul, Chief Planning Officer. [4]<\/a><\/p>\n
Following my unexpected and hasty termination, I asked for copies of UTA policies governing terminations and due process. My request was denied and in the absence of those polices, I filed an internal termination appeal letter; I also attended a subsequent appeal hearing on December 14, 2015 without the benefit of the policies that governed my termination and subsequent due process procedures.<\/p>\n
Additionally, I filed for unemployment benefits with the Utah Department of Workforce Services. UTA management is now contesting my application for those benefits. The information I am seeking in my December 21st<\/sup> GRAMA request will afford me the opportunity to better defend myself against the false accusations leveled against me by Mr. Matt Sibul, Chief Planning Officer.<\/p>\n
I have also requested that UTA pay my wages for the week of October 26, 2015. [5]<\/a> Last week, HR Generalist, Camille Glenn advised me that UTA management authorized the payment of those contested wages. Two days ago, I received correspondence [6]<\/a> from Ms. Glenn, advising me that UTA management has now reversed their decision to pay the wages owed me. Ms. Glenn stated that the reversal was due to the fact that I filed a Whistleblower complaint the U.S. Department of Labor.<\/p>\n
I now am forced to file my unpaid wage claim in Third District Court. Furthermore, I have also filed a retaliation complaint with the U.S. Department of Labor, due to the fact that UTA management is now retaliating against me in the form of withholding earned wages because I filed a complaint. The information I requested in my December 21st GRAMA request will allow me the opportunity to better defend myself against the false accusations from Mr. Matt Sibul as I present my case to the Courts and investigators with the U.S. Department of Labor.<\/p>\n
DUTY TO PRESERVE [7]<\/b><\/a><\/b>
\nDue to the moral deprivation I have witnessed within the ranks of UTA administration, I predict further denial and delay of the requested information. I also anticipate that the need will arise for me to take further legal action in order to help bring into focus the incompetence camouflaging corruption at UTA. To that end, this letter will also serve to give UTA notice: NOT <\/b>to destroy, conceal or alter any paper or electronic files and other data generated by and\/or stored on UTA computers and storage media, or any other electronic data. If it is determined that further legal action against UTA is required, as part of my initial discovery efforts, I will include interrogatories and requests for documents and things surrounding the programs and projects I worked on as well as the circumstances surrounding my wrongful termination. UTA\u2019s failure to comply with this notice can result in severe sanctions being imposed by the Courts for spoliation of evidence or potential evidence. I thank you in advance for your attention to this matter.<\/p>\nShalom,<\/p>\n
<\/p>\n
J. Michael Cl\u00e1ra
\nFormer: 20 Year Employee of UTA<\/p>\n
\nEnclosures:<\/b> Official Claims UTA Fired Him for Warning it Violated Safety Rules, Salt Lake Tribune 01\/11\/16
\ncc:<\/b> Utah Transit Authority Board of Trustees<\/p>\n
<\/p>\n
\n\n[1]<\/a> Utah Transit Authority Amended Corporate Policy 1.1.10 Section XI (E)<\/p>\n<\/div>\n
\n[2]<\/a> Federal Rules of Civil Procedure (FRCP) Rule 26 Duty to Disclose & Rule 37 Failure to Make Disclosure<\/p>\n<\/div>\n
\n[3]<\/a> Utah Code \u00a7 63G-2-701<\/p>\n<\/div>\n
\n[4]<\/a> Official Claims UTA Fired Him For Warning it Violated Safety Rules, Salt Lake Tribune 01\/08\/16<\/p>\n<\/div>\n
\n[5]<\/a> Michael Cl\u00e1ra intent to Sue Letter to Jerry Benson, UTA CEO 12\/31\/15<\/p>\n<\/div>\n
\n[6]<\/a> Camille Glenn email to Michael Cl\u00e1ra \u2013 Intent to Sue Letter 01\/12\/16<\/p>\n<\/div>\n
\n[7]<\/a> 29 C.F.R. \u00a7 1602.14<\/p>\n
PDF of Appeal Letter <\/a><\/p>\n
PDF of UTA Cease and Desist Letter <\/a><\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
I filed a GRAMA Appeal with UTA Board Chairman Burton as set forth in UTA Corporate Policy 1.1.10 -Records Access and Management Policy.\u00a0In response to my GRAMA appeal Chairman Burton has the UTA attorney send me a CEASE and DESIST letter. Yet UTA wants the public to trust them. TEXT OF MY GRAMA APPEAL LETTER: 15 January 2016 SENT USPS CERTIFIED\/RESTRICTED DELIVERY:9590 9401 0065 5071 7975 58 Mr. H. David Burton, Chair \u2013 Board of … Continue reading