Mediation Proposal [3:12 PM]

From: [Todd Jenson, Assistant Attorney General...]

Subject: Nuovo Film Festival mediation with government records Ombudsperson

Date: April 14, 2026 at 3:12 PM

To: [Joseph Puente]

Hello Mr. Puente,

The Governor’s Office of Economic Opportunity (GOEO) expressed interest in participating in mediation with the Government Records Ombudsperson, Monica Minaya.

This may be a faster route than the appeal through the State Records Office. Are you interested in participating in mediation?

Mediation is voluntary, non-binding, and may allow the you (sic) and GOEO to reach some resolution.

Please let me know. If yes, then we can reach out to the Ombudsperson to set up a mediation date and time.

Thanks,

-Todd

Todd Karl Jenson, Assistant Attorney General

Deputy Division Director, State Agency Counsel Division

From: [Joseph Puente]

Subject: Re: Nuovo Film Festival mediation with government records Ombudsperson

Date: April 14, 2026 at 6:17 PM

To: [Todd Jenson]

Cc: [State Auditor]

Counselor,

Mediation with the Government Records Ombudsperson was presented as an option by Jefferson Moss on March 3, recommended by the Director of the Government Records Office on March 17, and is being presented, yet again, nearly a month later. The option to request mediation was carefully considered and rejected because there was no suggestion that such a process would result in the release of the requested records, nor any indication that the Ombudsperson has authority to order GOEO to release any records.

Framing this matter as a “dispute” that can be resolved through mediation also suggests that this exchange is the result of a simple misunderstanding and presumes that all parties have acted in good faith. It is my sincere opinion, based on the evidence that has been submitted to the Director of the Government Records Office, that such a presumption would be false.

The January 8 GOEO board meeting audio, though not reflected in the agenda or approved minutes, states that the [$]2,000,000 IAA grant to Nuovo Film Festival, Inc. came from funds “previously allocated to Sundance” that “with Sundance leaving has come back, which is allowing us to still keep within the film vertical…” (sic). The only funding allocated to Sundance at issue here was in 2025 through S.B. 2, §1(1)(a), it.22, lines 236–57, with clear instructions written into the legislation: “If the Sundance Institute chooses to leave the state of Utah, GOEO shall not disburse the funds provided for this purpose and shall allow them to lapse.” (emphasis added).

On March 11 of this year, I contacted the sponsors of S.B. 2, as well as the drafting attorney and deputy fiscal analyst, and asked: “If the Legislature made the availability of the Sundance funding contingent on a stated condition, and that condition was not satisfied, does GOEO have any lawful authority to reappropriate, retain, obligate, expend, or otherwise preserve access to those funds? Relatedly, does GOEO have any authority to disregard, evade, or administratively nullify a lapse provision enacted by the Legislature?” I received a reply the following day, in which the deputy fiscal analyst stated: “The Legislature rescinded funding for the Sundance Film Festival in ‘Current Fiscal Year Supplemental Appropriations’ (Senate Bill 3, 2026 General Session), items 27 and 194,” and provided a link to S.B. 3. In the accompanying description, the appropriation is reiterated as being “to support the Sundance Film Festival on the condition that they would receive the funds if they made the decision to remain in the State of Utah,” (emphasis added) and it further explains that “the organization made the decision to relocate, and this item takes back the appropriated funds.”

Since Governor Cox signed S.B. 3 on March 26, GOEO’s justification for denying the February 9 GRAMA records request by appealing to “ongoing negotiations” and other claims—made through official correspondence and contradicted by their own public records—now appears to be moot. If GOEO is genuinely interested in “a faster route than the appeal through the State Records Office,” it can simply release the requested records. Otherwise, I look forward to the upcoming hearing, whenever that may be.

Sincerely,

Joseph L. Puente

Salt Lake City, Utah