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Kearns Tribune Corporation v. Utah Department of Alcoholic Beverage Control | Letter

17 October 2001 Published in Litigation Materials

October 18, 2001

By Hand Delivery

Mark Shurtleff
Utah Attorney General
236 State Capitol
Salt Lake City, Utah 84114

Re: Utah Open and Public Meetings Law

Dear Attorney General Shurtleff:

Enclosed please find a courtesy copy of a lawsuit we filed today alleging the Utah Alcoholic Beverage Control Commission has violated Utah’s Open and Public Meetings law on one or more occasions during the past 90 days. We have not effected service of the complaint. We ask that you have the appropriate person in your office contact us to explore options for resolving this matter without costly, full-blown litigation.

Beyond the issues raised in this lawsuit, we are concerned that many agencies, boards and commissions covered by the law may not be aware of the law’s requirements, and therefore fail to conduct the people’s business in a way that not only respects the letter of the law but also accomplishes its important purposes. The Open and Public Meetings law charges your office (as well as county attorneys) with enforcing the law. We would appreciate your advising us of any steps your office will take in light of this opportunity to remind state officials, agencies and political subdivisions of their responsibilities under the law so that public confidence can be restored, maintained and strengthened.

Very Truly Yours,
Stephen C. Clark
Legal Director