Hit- While he was serving as Mayor, a corporation attempting to secure a deal with the county flew local officials -including Ben McAdams -to Switzerland on a private jet. His trip was partially paid for by the county.
Backup:
Ben McAdams oversaw a development project called the Mountain Accord as Mayor:
• A picture of Ben McAdams at the Mountain Accord.
(Steve Griffin, The Salt Lake Tribune, 08/03/15)
• The Mountain Accord agreement is a development project in the Central Wasatch Mountain Range. “To that end, this Mountain Accord agreement (the ‘Accord’) represents the culminating commitment of more than 20 organizations who, through a voluntary, multi-year, public, consensus-based planning process agree to proceed with a suite of actions designed to ensure that future generations can enjoy all the activities we do today, while preserving our watershed and natural environment.” (Mountain Accord, The Accord, 07/13/2015)
• Ben McAdams was Chair of the Mountain Accord Executive Board.
(Mountain Accord, The Accord, 07/13/2015)
• In July of 2015, Ben McAdams signed the Mountain Accord Agreement.
(Mountain Accord, The Accord, 07/13/2015)
As part of the Mountain Accord agreement, Snowbird reached a land-swap and resort zone designation deal as long as certain conditions were applied:
• The Mountain Accord agreed to a land exchange with Snowbird Inc, as long as certain conditions were applied.
(Mountain Accord, The Accord, 07/13/2015)
• In July of 2015, Ben McAdams signed the Mountain Accord Agreement.
(Mountain Accord, The Accord, 07/13/2015)
• Salt Lake County agreed to develop a resort zone for Snowbird. “Salt Lake County will develop a resort zone to better define development at the Snowbird base area in accordance with Mountain Accord intended outcomes (recognizing Snowbird’s existing approved master plan and associated entitlements).” (Mountain Accord, The Accord, 07/13/2015)
• Snowbird agreed to transfer 1,100 acres to the U.S. Forest Service in exchange for additional snowmaking water. “Salt Lake City will provide additional snowmaking water to Snowbird if Snowbird (under any conditions) transfers the identified approximate 1100 acres to the U.S. Forest Service and the lands become part of the permanently protected federal designation.” (Mountain Accord, The Accord, 07/13/2015) SWITZERLAND TRIP
Ben McAdams was one of three Salt Lake County area mayors who took a trip to Switzerland on a private jet in 2013, according to a local news report by KUTV:
• The headline from the article.
(KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• A local news report (video) on the 2013 trip to Switzerland which featured Ben McAdams.
(KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15) (NRCC YouTube Clipped Version)
• According to the report, three Salt Lake County area mayors and two Utah County commissioners took a trip to Switzerland on a private jet in 2013. “Three Salt Lake County area mayors and Two Utah County commissioners took a trip to Switzerland on a private jet in 2013.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• The three area mayors who went on that Snowbird Switzerland trip were Salt Lake County Mayor Ben McAdams, Salt Lake City Mayor Ralph Becker and Sandy Mayor Tom Dolan. “‘We looked to make major decisions, generational decisions on the future of the Wasatch,’ said Salt Lake County Mayor Ben McAdams who went on that Snowbird Switzerland trip. So did Salt Lake City Mayor Ralph Becker and Sandy Mayor Tom Dolan.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• The August 2013 trip happened when officials were discussing the Mountain Accord plan to decide the future development around the Cottonwood canyons. “The August 2013 trip happened when officials were discussing the Mountain Accord plan to decide the future development around the Cottonwood canyons.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• Snowbird Ski Resort organized the trip while the Mayors said their governments or political funds paid for the trip. “Snowbird Ski Resort organized the trip. Mayors say their governments paid their way or they used the political funds they have for special expenses.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• The jet was supplied by the Ian Cumming family, and they have since purchased a major interest in Snowbird Ski Resort. “The jet was supplied the Ian Cumming family, and they have since purchased a major interest in Snowbird Ski Resort.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• Snowbird proposed expanding operations in American Fork Canyon. “Snowbird had proposed expanding operations in American Fork Canyon, and Commissioner Ellertson may possibly participate in that decision.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• The Cumming family’s holding company said they didn’t know anything about the trip. “2News called the Cumming family's holding company, they said they didn't know anything about the trip.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
Ben McAdams claimed that the county, his leadership PAC, and he himself paid for the trip, according to the report by KUTV:
• Ben McAdams claimed that the county, his leadership PAC, and he himself paid for the trip. “I paid part of the cost and my leadership PAC, and the county reimbursed some of the cost.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• Ralph Becker says his leadership PAC paid his way. “Ralph Becker says his leadership PAC, the fund politicians raise privately for extra expenses, paid his way.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
As Mayor of Salt Lake County in August of 2013, Ben McAdams took a trip to Switzerland partially paid for by the county:
Editor’s Note: Julie McAdams is the wife of Ben McAdams.
• MCADAMS: “I paid part of the cost and my leadership PAC, and the county reimbursed some of the cost.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• MCADAMS: “We looked to make major decisions, generational decisions on the future of the Wasatch.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
• The trip to Switzerland took place from August 23, 2013 to August 31, 2013.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• According to the trip itinerary, Julie McAdams is listed as part of the trip two days prior to Ben McAdams.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 25, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 26, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 27, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 28, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 29, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 30, 2013, Ben McAdams and Julie McAdams are listed on the trip itinerary.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• On August 31, 2013, the trip ended.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
Two private jets flew the group from Utah to Switzerland with at least one executive chef on board:
• One of the private jets was a 1994 Gulfstream GI-SP with an executive chef.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• The second private jet was a 2005 Gulfstream G450 with an executive chef.
(American Fork Canyon, Swiss Trip Itinerary, 08/02/2013)
• The jet was supplied by the Ian Cumming family as they purchased an interest in Snowbird. “The jet was supplied by the Ian Cumming family, and they have since purchased a major interest in Snowbird Ski Resort.” (KUTV, “Who paid for Utah elected officials involved with Mountain Accord to go on private jet?,” 12/09/15)
Snowbird paid for the hotel rooms during the trip, and the private jet flight to Switzerland cost $1,374, according to emails from representatives of the company:
Editor’s Note: The hotel rooms paid for by Snowbird are not listed on Ben McAdams’ campaign filings as an in-kind donation. Furthermore, the private flight fair market cost were based on ‘Expedia’ air-fair costs for commercial flights. According to a brochure for a 2004 Gulfstream G450 jet, the total cost per hour is $3,961 which seats 14 people. The flight from Utah to Zurich is at least 13 hours. A video tour of a 2005 Gulfstream G450 can be viewed here.
Editor’s Note: Although McAdams claimed to have paid for part of it through his leadership PAC, he did not have one at the time. It is unclear how exactly the trip was paid for.
• According to an email from Ann Borgione of Snowbird, the company paid for the hotel rooms and charged $1,374 for the flights.
(American Fork Canyon, Switzerland Expenses, 12/10/2013)
• According to an email from Ann Borgione of Snowbird, the cost of the roundtrip flight was based on commercial rates from Expedia.
(American Fork Canyon, GRAMA Mayor Dolan, 07/31/2013)
CAMPAIGN DONATIONS
Ben McAdams received at least $23,250 in campaign contributions from Snowbird, the Cumming family, and Cumming Investment Company:
• On August 24, 2015, Ben McAdams filed an amended 2014 Year-End Financial Disclosure Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2014 Amended Summary Report, 08/24/2015)
• On April 7, 2014, Ian Cumming donated $6,000.
(Salt Lake County Clerk, Ben McAdams 2014 Amended Summary Report, 08/24/2015)
• On April 7, 2014, Cumming Investment Company donated $4,000.
(Salt Lake County Clerk, Ben McAdams 2014 Amended Summary Report, 08/24/2015)
• On April 23, 2014, Snowbird donated $1,500.
(Salt Lake County Clerk, Ben McAdams 2014 Amended Summary Report, 08/24/2015)
• On September,16,2014, Snowbird donated $2,500.
(Salt Lake County Clerk, Ben McAdams 2014 Amended Summary Report, 08/24/2015)
• On January 30, 2014, Ben McAdams filed his 2013 Financial Disclosure Year-End Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2013 Summary Report, 01/30/2014)
• On September 19, 2013, Snowbird donated $1,250.
(Salt Lake County Clerk, Ben McAdams 2013 Summary Report, 01/30/2014)
• On January 30, 2013, Ben McAdams filed his 2012 Financial Disclosure Year-End Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2012 Summary Report, 01/30/2013)
• On November 5, 2012, Ian Cumming donated $4,000.
(Salt Lake County Clerk, Ben McAdams 2012 Summary Report, 01/30/2013)
• On October 30, 2012, Ben McAdams filed his 2012 October Periodic Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2012 October Interim Report, 10/30/2012)
• On October 8, 2012, Ian Cumming donated $2,000.
(Salt Lake County Clerk, Ben McAdams 2012 October Interim Report, 10/30/2012)
• On September 17, 2012, Ben McAdams filed his 2012 September Periodic Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2012 September Interim Report, 09/17/2012)
• On September,11, 2012, John Cumming donated $1,000
(Salt Lake County Clerk, Ben McAdams 2012 September Interim Report, 09/17/2012)
• On July 7, 2012, Ben McAdams filed his 2012 June Amended Periodic Report with the Salt Lake County Clerk.
(Salt Lake County Clerk, Ben McAdams 2012 June Amended Interim Report, 07/3/2012)
• On May,18, 2012, Annette Cumming donated $1,000.
(Salt Lake County Clerk, Ben McAdams 2012 June Amended Interim Report, 07/3/2012)
PAY-TO-PLAY: SNOWBIRD
In 2016, Ben McAdams was accused of pay-to-play politics as Salt Lake County awarded a Mountain Accord related contract to consultants who were involved with his mayoral campaign:
Editor’s Note: Although the initial acquisition of pay-to-play politics against McAdams stems from an FBI investigation in 2015 into his relationship with the Exoro Group, the Salt Lake County GOP also accused McAdams of a similar claim in 2016 since the firm won contracts related to Mountain Accord agreement. These are two separate claims of pay-to-play politics against Ben McAdams.
• A complaint was filed with the Attorney General of Utah against Ben McAdams for violating procurement laws during the Mountain Accord negotiations. “Party activist Mike Edwards filed a complaint Monday with the Utah attorney general's office, asking it to investigate alleged violations of procurement laws by the Mountain Accord and McAdams, chairman of its executive committee.” (Mike Gorrell, “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
o MCADAMS: “I am proud of the work done by Mountain Accord. I’m disappointed that this partisan politicking continues.” (Mike Gorrell. “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
• The complaint alleged Ben McAdams violated procurement and open meeting laws by awarding no-bid contracts to consultants that supported Ben McAdams’s campaign. “Robinson alleged that Mountain Accord officials awarded no-bid contracts to several consultants who supported the McAdams campaign financially. He also accused Mountain Accord of violating the state open meetings law, as did Edwards, based on an opinion from the state auditor's office.” (Mike Gorrell. “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
• Ben McAdams was accused of engaging in pay-to-play politics with the Mountain Accord. “He’s alleging that Mountain Accord has consistently violated public meetings laws and that McAdams has used the Accord to engage in pay-to-play politics.” (Nicole Nixon, “Dave Robinson Accuses Salt Lake County Mayor Ben McAdams Of Mountain Accord Mismanagement,” KUER 90.1, 10/12/2016)
• Salt Lake County Republicans accused Ben McAdams of violating ‘procurement laws’ during the Mountain Accord planning process. “Salt Lake County Republicans stepped up their efforts Monday to try to make the Mountain Accord planning process a campaign issue against incumbent Democratic Mayor Ben McAdams. Party activist Mike Edwards filed a complaint Monday with the Utah attorney general's office, asking it to investigate alleged violations of procurement laws by the Mountain Accord and McAdams, chairman of its executive committee.” (Mike Gorrell and Matt Canham, “Timeline of the Miller-McAdams scandal,” The Salt Lake Tribune, 07/19/2015)
• It was alleged that Mountain Accord officials awarded no-bid contracts to several consultants who financially supported Ben McAdams’s campaign. “Robinson alleged that Mountain Accord officials awarded no-bid contracts to several consultants who supported the McAdams campaign financially.” (Mike Gorrell and Matt Canham, “Timeline of the Miller-McAdams scandal,” The Salt Lake Tribune, 07/19/2015) EXORO GROUP CONTRACT
The Exoro Group won a $100,000 contract from the county after member(s) of the executive staff worked on Ben McAdam’s campaign:
Editor’s Note: A member of the Exoro Group worked on Ben McAdams campaign as a volunteer and the campaign rented office space from the consulting group.
• The Exoro Group won a contract for Mountain Accord to boost public engagement in the process. “Several other contracts also went out to bid, including one that went to the Exoro Group to boost public engagement in the process, Jones said…” (Mike Gorrell. “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
• On March 28, 2014, The Exoro Group received a $100,000 consulting contract from Salt Lake County. “The Exoro Group receives a contract over two competitors for $100,000 consulting deal.” (Mike Gorrell and Matt Canham, “Timeline of the Miller-McAdams scandal,” The Salt Lake Tribune, 07/19/2015)
• Ben McAdams claims he recused himself from the selection as the Exoro Group worked on his previous campaigns. “…insisting McAdams recused himself from that selection because Exoro had worked on his earlier political campaigns.” (Mike Gorrell. “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
• In 2016, Ben McAdams received at least $5,000 from Dan Hartman of the Exoro Group. “Campaign finance reports do show Dan Hartman, an Exoro principal, has donated nearly $5,000 to McAdams this year.” (Nicole Nixon, “McAdams, Mountain Accord Respond To Allegations Of Mismanagement,” KUER, 10/13/2016)
OPEN MEETING LAW
In October of 2016, a lawsuit was filed against the Mountain Accord for violating Utah’s Open and Public Meeting Act:
• A lawsuit was filed against the Mountain Accord’s decision-making body for violating Utah’s Open and Public Meeting Act in October of 2016. “A lawsuit filed Thursday against the Mountain Accord claims its decision-making body has violated the Utah Open and Public Meetings Act.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• The lawsuit was filed by the Cardiff Canyon Owners Association. “The Cardiff Canyon Owners Association filed the complaint in 3rd District Court.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• The Cardiff Canyon Owners Association was a group of landowners in the Big Cottonwood Canyon. “The Cardiff Canyon Owners Association identifies itself as a group of landowners who own about 1,100 acres in Big Cottonwood Canyon, particularly in the Cardiff Bowl area.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• The Cardiff Canyon Owners Association claimed that any Mountain Accord resolutions, made in improperly conducted meetings, should be legally voided. “Any Mountain Accord resolutions made in improperly conducted meetings should be legally voided, the association claims.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• In a letter, the Utah State Auditor considered the Mountain Accord subject to Utah’s Open and Public Meetings Act. “The group's lawsuit cites a letter from the Office of the Utah State Auditor sent on Tuesday, saying the office "considers the Mountain Accord subject to Utah's Open and Public Meetings Act."” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• According to the lawsuit, the Mountain Accord claimed they were “not required to comply” with Utah’s Open meetings law according to a statement on their website. “According to court documents, a statement posted to the Mountain Accord’s website in January claims the accord “is not a formal public body and is not required to comply” with Utah’s open meetings law.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• According to the lawsuit, no proper notice of Mountain Accord’s meeting was given. “The lawsuit alleges no proper notice of the Mountain Accord’s meetings was given…” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• According to the lawsuit, Mountain Accord did not appropriately keep minutes of the group’s meetings. “…that minutes of those meetings were not appropriately kept…” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• According to the lawsuit, Mountain Accord’s executive committee adopted policies in meetings held contrary to Utah law. “…and that the accord’s executive committee adopted policies in meetings held contrary to Utah law.” (Ben Lockhart, “Lawsuit claims Mountain Accord doesn’t comply with state’s open meetings law,” DeseretNews, 10/06/16)
• The Mountain Accords was also accused of violating Utah’s ‘open meeting law,’ as based on an opinion from the State Auditor’s Office. “He also accused Mountain Accord of violating the state open meetings law, as did Edwards, based on an opinion from the state auditor's office.” (Mike Gorrell. “County GOP attacks McAdams again on Mountain Accord,” The Salt Lake Tribune, 10/18/2016)
Ben McAdams, as Salt Lake County Mayor and Chairman of the Mountain Accord Executive Board, asked the courts to dismiss the lawsuit and argued against it in 2017:
• In January of 2017, Ben McAdams asked the courts to dismiss the lawsuit against the Mountain Accord. “Salt Lake County Mayor Ben McAdams, who was chairman of the executive board, asked the court to dismiss the suit in January.” (Annie Knox, “Judge: Mountain Accord subject to open meetings law,” DeseretNews, 07/10/17)
• In May of 2017, Ben McAdams argued in front of the judge that Mountain Accords was not subject to Utah’s open meeting requirements. “He argued in front of the judge in May, saying the group involved private entities and was formed based on its own charter so it wasn’t subject to state open meeting requirements.” (Annie Knox, “Judge: Mountain Accord subject to open meetings law,” DeseretNews, 07/10/17)
In July of 2017, a Utah Court ruled that the Mountain Accord was subject to Utah’s open meetings law as the majority of the $8 million deal derived from state money:
• The courts disagreed with Ben McAdams as the first phase of the Mountain Accord included only public entities which were on the hook to provide funding. “But Scott in her order disagreed, saying the first phase of the Mountain Accord included only public entities, which largely laid the groundwork for the group’s efforts and were on the hook to provide funding.” (Annie Knox, “Judge: Mountain Accord subject to open meetings law,” DeseretNews, 07/10/17)
• Representative Kim Coleman asked the State to audit the $8 million Mountain Accord agreement to see whether it adhered to accountability and bidding requirements. “The creation of the new group has not quelled frustration for two West Jordan Republican legislators, Rep. Kim Coleman and Rep. Ken Ivory. The pair has asked the state to audit $8 million in Mountain Accord spending and whether it adhered to accountability and bidding requirements in state law.” (Annie Knox, “Judge: Mountain Accord subject to open meetings law,” DeseretNews, 07/10/17)
• $5.6 million of the $8 million Mountain Accord agreement came from state money. “Of that money, $5.6 million was state money.” (Annie Knox, “Judge: Mountain Accord subject to open meetings law,” DeseretNews, 07/10/17)
STATE AUDITOR LETTER
The Office of the State Auditor sent Representative Kim Coleman and Ken Ivory a letter regarding their findings of the Mountain Accord program:
Editor’s Note: Kim Coleman ran in the Republican Primary for the UT-04 congressional seat in 2020.
• On September 7, 2017, The Office of The State Auditor sent Representative Kim Coleman and Ken Ivory a letter.
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
• According to the letter, the total expenditures from the program from February 2014 to June 30, 2017 were $7,457,917.27.
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
• According to the letter, payments to contractors constituted $6.7 million or 90% of total expenditures during the tenure of the program.
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
• According to the letter, the Utah Transit Authority (UTA) should have been more proactive in providing financial information of public fund usage given its significant role in the financial affairs of Mountain Accord.
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
• According to the letter, the manner in which the Mountain Accord program was established ‘created confusion’ and that this ‘lack of clarity resulted in limitations in public oversight.’
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
• The letter was signed by John Dougall, the Utah State Auditor.
(Kim Coleman and Ken Ivory, Mountain Accord, Office Of The State Auditor, 09/07/17)
Utah’s State Auditor found that the Mountain Accord didn’t appear to improperly spend public money:
Editor’s Note: The letter from the Office of the State Auditor can be read here.
• The entities involved in the Mountain Accord didn’t appear to improperly spend public money. “The government entities that joined with private businesses to plan for the future of the Wasatch Mountains didn’t appear to improperly spend public money…” (Taylor Anderson, “Auditor says Mountain Accord expenses look OK but transparency questions sent to attorney general, The Salt Lake Tribune, 09/12/17)
• The State Auditor found no evidence of financial wrongdoing, conflict-on interest, or oversight by the group given the extremely limited intent language of the Legislature. “Dougall released two letters on Tuesday that included welcome news for the groups that worked on the Mountain Accord. The letters showed Dougall found no evidence of financial wrongdoing, conflicts of interest or oversight by the group. “Given the extremely limited intent language of the Legislature, it appears the appropriated funds were used in accordance with the Legislature’s intent,” Dougall wrote. He added Mountain Accord established clear objectives and didn’t appear to overpay consultants.” (Taylor Anderson, “Auditor says Mountain Accord expenses look OK but transparency questions sent to attorney general, The Salt Lake Tribune, 09/12/17)
CONSULTANT EXPENSES
Although the State Auditor found no evidence of financial wrongdoing, over $6 million of the public money, or 90% of the group’s expenditures, was spent on consultants:
• The Mountain Accord paid $7.5 million mostly to consultants. “The government entities that joined with private businesses to plan for the future of the Wasatch Mountains didn’t appear to improperly spend public money as they paid $7.5 million mostly to consultants.” (Taylor Anderson, “Auditor says Mountain Accord expenses look OK but transparency questions sent to attorney general, The Salt Lake Tribune, 09/12/17)
• Consultants were paid 90% of the group’s expenditures, or about $6.7 million. “Consultants were paid about $6.7 million, or 90 percent of the group’s expenditures.” (Katie McKellar, “Auditor finds no evidence of spending misconduct by Mountain Accord,” DeseretNews, 09/12/17)
• Most of the Mountain Accord’s Budget went to contractors, service consultants and transportation studies. “Canyon property owners and McAdams’ GOP challenger in last year’s election have raised concerns about how taxpayer funds have been spent - with most of its budget going to contractors, service consultants and transportation studies.” (Katie McKellar, “Auditor finds no evidence of spending misconduct by Mountain Accord,” DeseretNews, 09/12/17)
• Dave Robinson, McAdams’ GOP opponent for mayor in 2017, said Exoro Group still has financial ties to Ben and received ‘large amounts of taxpayer money, regardless of process.’ But Robinson said the auditor's findings do not "exonerate" McAdams and the Mountain Accord because the auditor only "looked at the process" and not "the specifics that went on under the process." He said Exoro Group still has financial ties to McAdams and received "large amounts of taxpayer money, regardless of process." (Katie McKellar, “Auditor finds no evidence of spending misconduct by Mountain Accord,” DeseretNews, 09/12/17)
The State Auditor also found that the group may not have complied with State Transparency Laws, and referred the matter to the Attorney General’s Office for investigation:
• The Mountain Accord may not have complied with State Transparency Laws that ensure oversight of public business, according to State Auditor John Dougall. “But they may not have complied with state transparency laws that ensure oversight of public business, and State Auditor John Dougall…” (Taylor Anderson, “Auditor says Mountain Accord expenses look OK but transparency questions sent to attorney general, The Salt Lake Tribune, 09/12/17) • State Auditor John Dougall referred the State Transparency laws issue to the Attorney General’s Office for investigation. “…And State Auditor John Dougall has referred the issues to the attorney general’s office for investigation.” (Taylor Anderson, “Auditor says Mountain Accord expenses look OK but transparency questions sent to attorney general, The Salt Lake Tribune, 09/12/17)
SUIT SETTLEMENT
In March of 2019, the cities and counties involved in the Mountain Accord agreed to pay $11,000 and settle the lawsuit brought by the Cardiff Canyon Owners Association:
• The cities and counties involved in the Mountain Accord agreed to pay an $11,000 settlement. “Summit County and Park City, along with the other cities and counties involved in the now-defunct Mountain Accord, recently agreed to pay $11,000 to settle a lawsuit brought by landowners in Big Cottonwood Canyon.” (Angelique McNaughton, “Summit County agrees to settlement in Mountain Accord lawsuit,” Park Record, 03/15/19)
• The lawsuit asserted Mountain Accord violated open meeting laws by excluding the public from executive committee meetings; failing to give proper notice; and neglecting to record audio or minutes of the meetings. “The suit, filed in 2016, asserted that the Mountain Accord violated open meeting laws by excluding the public from executive committee meetings, failing to give proper notice and neglecting to record audio or minutes from those meetings.” (Angelique McNaughton, “Summit County agrees to settlement in Mountain Accord lawsuit,” Park Record, 03/15/19)
• The case was dismissed with prejudice after the settlement. “Last week, Judge Laura Scott dismissed the case after the parties reached a settlement. The case was dismissed with prejudice, meaning it can never be refiled.” (Angelique McNaughton, “Summit County agrees to settlement in Mountain Accord lawsuit,” Park Record, 03/15/19)
• The Mountain Accord was beset with controversy, because of proposals to construct a transportation tunnel connecting the Wasatch Back and Salk Lake Valley. “The Mountain Accord process was beset with controversy from the onset, namely because of proposals to construct a transportation tunnel connecting the Wasatch Back and Salt Lake Valley and consideration of a gondola linking resorts along the Wasatch Back and Front.” (Angelique McNaughton, “Summit County agrees to settlement in Mountain Accord lawsuit,” Park Record, 03/15/19)