Thursday, May 21, 2026

Petitioner's REBUTTAL to Respondent (FACSIMILE)

 BEFORE THE GOVERNMENT RECORDS OFFICE 

OF THE STATE OF UTAH 

JOSEPH L. PUENTE, 

 Petitioner, 

v. 

GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT, 

 Respondent. 

PETITIONER'S REBUTTAL TO RESPONDENT 

GOVERNOR’S OFFICE OF ECONOMIC DEVELOPMENT’S

AMENDED STATEMENT [OF] FACTS

 

Case No. 2026-058 

Honorable Director Lonny Pehrson 

Petitioner Joseph L. Puente, appearing pro se, pursuant to Utah Code Ann. § 63G-2-403(3)(b) and Administrative Rule R20-3-2, respectfully submits this Rebuttal to the Governor's Office of Economic Development's ("GOED") Amended  Statement of Facts, Reasons, and Legal Authority filed May 21, 2026. 

INTRODUCTION 

GOED's filing rests on three flawed premises: first, that every responsive Nuovo-related record falls categorically within Utah Code § 63G-2-305(35); second, that the absence of a final, executed contract permits GOED to withhold every other record concerning a proposed $2,000,000 expenditure of public funds; and third, that factual disputes about the existence of records and the adequacy of GOED's search may be avoided by labeling related issues "outside the scope" of this appeal. None of those premises survives the text of GRAMA or the contemporaneous record of the January 8, 

2026 Board meeting. 

Section 63G-2-305(35) protects only records that would reveal negotiations regarding incentives, and only if disclosure would result in actual economic harm to the person or place the governmental entity at a competitive disadvantage. Section 63G-2-201 confirms that records are public unless otherwise expressly provided by statute, and a governmental entity must conduct a reasonable, good-faith search for responsive records. GOED's submission does not satisfy either standard. 

I. FACTUAL POINTS NOT IN GENUINE DISPUTE 

GOED acknowledges, and Petitioner agrees, that on January 8, 2026, Scott Anderson presented Nuovo Film Festival Inc.'s proposal at a public GOED Board meeting and that the Board voted unanimously to recommend a one-time $2,000,000 grant from the Industrial Assistance Account ("IAA"). GOED also acknowledges that the audio recording of that meeting is publicly available through the Utah Public Notice system. 

GOED further acknowledges that Petitioner's February 9, 2026 GRAMA request sought three distinct categories of records: (1) the complete IAA application and attached materials; (2) any written documentation — letters, emails, and memoranda — related to the IAA grant and the applicant, transmitted between GOED staff, board members, applicants, other state offices, agencies and employees, and third parties; and (3) any award letter, scoring sheets, or executed contracts for FY 2025 and/or 2026. GOED's own filing therefore confirms that this appeal concerns far more than a single final contract or formal application packet. 

II. SPECIFIC FACTUAL DISPUTES WITH GOED'S STATEMENT OF FACTS

A. GOED's "No Records Exist" Assertion Is Uncertified and Non-Responsive to the Bulk of the Request. 

GOED's Statement asserts at page 4 that certain records — namely a formal application, an award letter, and an executed contract — "did not exist" because no formal application had yet been submitted to the Executive Director. That assertion is directed only at categories (1) and (3) of Petitioner's request. It is silent regarding category (2): the broad universe of written communications between GOED staff, board members, and Nuovo representatives before, during, and after the January 8, 2026 Board meeting. 

The January 8 meeting record makes the existence of such communications not merely plausible — it makes their non-existence implausible. The meeting was publicly noticed with a specific agenda item titled "Nuovo Film Festival Incorporated"; included an "All Materials" packet distributed to board members in advance; featured a detailed, multi-part presentation by Mr. Anderson covering five operational "pillars," specific cost comparisons, named partners (Harbor Fund and the Utah System of Higher Education), and a proposed governance structure; proceeded directly to a pre-drafted written motion read into the record twice — naming the grantee, the fund, and the dollar amount; and concluded with a formal roll-call vote and the chair's declaration, "Motion passes." 

Preparation of that magnitude does not happen spontaneously. Staff memoranda, briefing materials, internal e-mail coordination, the draft motion itself, any application-equivalent submission by Nuovo, and any internal communications regarding the source of the $2,000,000 — particularly whether those funds derived from the lapsed conditional Sundance appropriation in S.B. 2 (FY 2025) — virtually certainly exist as records. GOED has offered no sworn certification, no description of its search methodology, and no identification of the custodians, e-mail systems, shared drives, or

date ranges searched. Under Utah Code § 63G-2-403(11)(b), the burden is on GOED to justify its denial. A bare assertion that no formal application exists cannot satisfy that burden as to the far larger category of communications Petitioner actually requested. 

B. GOED Failed to Apply the Two-Part Conjunctive Test of § 63G-2-305(35). The entirety of GOED's legal theory rests on Utah Code § 63G-2-305(35), which classifies as "protected": 

records that would reveal negotiations regarding assistance or incentives offered by or requested from a governmental entity for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the governmental entity at a competitive disadvantage, but this section may not be used to restrict access to a record evidencing a final contract. 

The statute imposes a two-part conjunctive threshold. A record is protected only if both conditions are met: (1) the record would reveal "negotiations" for incentives, and (2) disclosure would result in actual economic harm or place GOED at a concrete competitive disadvantage. GOED's filing satisfies neither prong on a record-by-record basis. 

(1) Not all responsive records are "negotiations." GOED treats every written communication touching the Nuovo IAA proposal — without exception — as a negotiation record. That is legally overbroad. None of the following are, by their nature, communications between GOED and a private party negotiating relocation or expansion incentives: the public Board-meeting agenda and "All Materials" packet; staff memoranda and briefing materials prepared for the Board's deliberation; the pre-drafted written motion read into the record on January 8; the Board's minutes and transcript (already public under the Open and Public Meetings Act); and any internal economic-impact analyses, scoring sheets, or staff recommendations. Each is an internal governmental document; none is a communication "offered by or requested

from" an applicant within the meaning of § 63G-2-305(35). 

(2) GOED did not demonstrate "actual economic harm" or a specific competitive disadvantage. GOED's entire showing on the second prong is a single, generalized paragraph at page 6 asserting that disclosure "could have a chilling effect" on future negotiations with unidentified future parties. That is a policy argument about hypothetical harm, not a record-specific demonstration of actual harm. The word "actual" in the statute means real and demonstrable, not speculative. GOED has not identified: (i) which specific records, if released, would reveal Nuovo's proprietary competitive strategies; (ii) how a newly formed Utah nonprofit created in the context of a public post-Sundance initiative faces competitive exposure from another state; (iii) what specific negotiation with what specific competing jurisdiction is ongoing such that disclosure would undermine GOED's position; or (iv) any indication that Nuovo itself has invoked confidentiality or asserted harm. 

GOED's reliance on the Sundance example is, in fact, self-defeating. Sundance has already departed for Boulder, Colorado. There is no ongoing competitive negotiation with Colorado over Sundance. The current matter concerns a newly-created Utah-based nonprofit whose stated purpose is to build a Utah film ecosystem — an entity with no competing state bidding for its location. 

(3) The final-contract carve-out confirms the exemption's limits. Section 63G-2-305(35) provides that "this section may not be used to restrict access to a record evidencing a final contract." That clause does not authorize an agency to withhold every other record connected to a proposed major public grant until — or indefinitely, if — a contract is signed. It guarantees disclosure of final agreements; it does not deputize agencies to draw a categorical curtain over every preceding record. 

C. The January 8, 2026 Board Vote Was Not an Informal Advisory Act.

GOED's Statement repeatedly characterizes the January 8 Board action as an "informal presentation" of an "idea" considered in an "advisory role." That characterization is contradicted by the contemporaneous public record. The transcript and the publicly-available audio show, in sequence: (i) staff introduction of the item as an IAA grant proposal; (ii) a pre-drafted written motion read into the record, naming the grantee, the fund, and the $2,000,000 amount; (iii) a detailed operational presentation by Mr. Anderson; (iv) substantive governance and implementation questions from Board members; (v) a second reading of the motion; (vi) named members moving and seconding the motion; (vii) a roll-call vote with each member voting "yes" individually; (viii) the chair's declaration, "Motion passes"; and (ix) congratulatory remarks expressing the Board's anticipation of "helping make this happen for the State of Utah." 

A pre-drafted written motion, a recorded roll-call vote, a declaration of passage, and on-the-record congratulations are not the procedural markers of an informal advisory discussion; they are the markers of a formal institutional action. The legal label GOED now attaches — "recommendation" rather than "approval" — may be accurate as to the allocation of final authority under § 63N-3-103, but it does not transform the contemporaneous factual record into something it is not. The GRAMA significance is straightforward: a formal, recorded, public Board action concerning a $2,000,000 expenditure necessarily generated preparatory records — agendas, briefing packets, staff memoranda, the draft motion, and coordinating e-mails — that are records of government activity subject to GRAMA's presumption of openness. They are not transmuted into "negotiations" merely because GOED now relabels the Board's role. 

D. GOED's Reasonable-Search Showing Is Conclusory. 

GOED correctly recites that GRAMA requires a reasonable search for responsive records, but its filing offers only the bare conclusion that such a search occurred. It does not identify which custodians' files were searched, which e-mail or messaging

systems were queried, what date ranges were applied, or whether the communications of Board members and other involved state officials were included. That lack of detail is dispositive here because GOED simultaneously claims certain records do not exist while acknowledging that other disputed responsive materials do exist and will be tendered for in camera review. A meaningful description of search scope and methodology is essential for the Director to evaluate whether GOED has adequately searched within each of the three categories enumerated in Petitioner's February 9, 2026 request. 

E. GOED Did Not Address Several Categories of Records From Petitioner's Exhibits, and the "Out-of-Scope" Issues Still Bear on GRAMA Questions. 

GOED's filing makes no reference to several categories of materials Petitioner placed in the record. First, Petitioner raised, with documentary support (AppEx_14 — S.B. 2, FY 2025 Appropriations Act), the question whether IAA funds used for the Nuovo grant originated from the lapsed conditional Sundance appropriation. The appropriation's conditions and lapse provisions are directly relevant to whether the IAA was lawfully available for this purpose, and to what internal analyses or communications GOED generated on that question. Second, Petitioner submitted a formal whistleblower complaint to the Utah Office of the State Auditor (Case 016517, AppEx_15) — communications surrounding which are themselves potentially responsive records. Third, Petitioner submitted a detailed ethics evaluation (AppEx_17) raising concerns about Mr. Anderson's dual role as presenter/advocate for Nuovo and apparent incorporator/board member of the recipient entity, and concerning a Jefferson Moss appointee sitting on Nuovo's board while Mr. Moss holds final grant-approval authority. Fourth, GOED issued press releases for other grant approvals at the January 8, 2026 Board meeting but issued no Nuovo-specific press release, and its filing does not acknowledge or explain that disparity.

Petitioner agrees this forum does not adjudicate appropriations law, ethics violations, or audit complaints in the abstract. But those subjects still bear directly on GRAMA questions properly before the Director: what records exist, whether additional records should have been found, how GOED internally classified or discussed the Nuovo proposal, and the strength of the public accountability interest in disclosure under § 63G-2-201. If GOED created internal analyses, talking points, e-mails, or memoranda concerning the source of funds, the propriety of the proposed grant, perceived conflicts, or media strategy, those materials are records under GRAMA and are not transformed into "negotiations" by GOED's preferred framing. 

III. IN CAMERA REVIEW SHOULD NOT REPLACE SEGREGATION AND PARTIAL DISCLOSURE 

GOED states that it will tender disputed materials to the Director for in camera review and suggests that additional records may be withheld under other GRAMA provisions, including attorney-client communications, temporary drafts, and certain gubernatorial policy materials. In camera review is an important tool for testing those claims, but it does not eliminate GOED's obligation to release any reasonably segregable non-exempt portion of a responsive record. Where a record contains both protected and non-protected information, the proper remedy is targeted redaction — not categorical withholding. 

IV. REQUESTED RELIEF 

For the foregoing reasons, Petitioner respectfully requests that the Director: 

1. Find that GOED has not carried its burden under Utah Code § 63G-2-403(11)(b) to demonstrate that the requested records either do not exist or are wholly exempt from disclosure under § 63G-2-305(35);

2. Reject GOED's categorical reliance on § 63G-2-305(35) for all Nuovo-related records unless GOED demonstrates, on a record-by-record basis, both that disclosure would reveal negotiations and that disclosure would result in actual economic harm or place GOED at a concrete competitive disadvantage; 

3. Order GOED to conduct a thorough, documented, good-faith search for all records responsive to Petitioner's February 9, 2026 request — including staff memoranda, briefing packets, the draft motion, internal and external e-mails, and any application-equivalent materials submitted by or on behalf of Nuovo Film Festival Inc. — and to certify by sworn statement the custodians, systems, and date ranges searched; 

4. Review the withheld records in camera and order disclosure of all responsive non-exempt records, with redactions limited to information that is actually protected under GRAMA and with an itemized statutory basis stated for each withheld portion; 

5. Find that § 63G-2-305(35) may not be applied as a categorical shield to non-negotiation records, including Board meeting preparatory materials, staff analyses, the pre-drafted motion, scoring sheets, and internal communications concerning the source of funds and any conflicts of interest; and 

6. Grant such additional relief as the Director deems appropriate to ensure GOED's full compliance with GRAMA. 

DATED this 21st day of May, 2026. Respectfully submitted,

(SIGNED)

Joseph L. Puente 

[◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎]

Salt Lake City, Utah [◼︎◼︎◼︎◼︎◼︎]

Email: [◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎◼︎]

Petitioner, Pro Se

CERTIFICATE OF SERVICE 

I, Joseph L. Puente, hereby certify that on this 21st day of May, 2026, I caused a true and correct copy of the foregoing PETITIONER'S REBUTTAL TO RESPONDENT GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT'S AMENDED STATEMENT OF  FACTS to be served on the following by By electronic mail: 

Todd Karl Jenson (#10421) 

Assistant Attorney General 

Derek E. Brown (#10476) 

Utah Attorney General 

160 East 300 South, 5th Floor 

P.O. Box 140856 

Salt Lake City, Utah 84114-0856 

Email: toddkjenson@agutah.gov 

Government Records Office 

Division of Archives and Records Service 

Attn: Executive Secretary 

346 South Rio Grande Street 

Salt Lake City, Utah 84101 

(SIGNED)

Joseph L. Puente 

Petitioner, Pro Se


Wednesday, May 20, 2026

The GOEO is dead. Long live the GOED!

On the evening of 20 May 2026, I learned that the “Governor’s Office of Economic Opportunity” is no more—but only in the sense that they’ve reverted to their previous moniker of the “Governor’s Office of Economic Development.”

This change took effect on May 6, thanks to House Bill 475, which the Governor signed on March 24.

It’s worth noting, however, that there’s more to HB 475 than a simple rebranding. According to this new legislation, the Board of Economic Development* (the same board we’ve been talking about in this project) is now explicitly required to “maintain ethical and conflict of interest standards consistent with those imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act” (§ 63N-1a-402(j)). This little gem wasn’t even in the original 4 FEB draft of the bill, but was added on 11 FEB.

HB 475 also created the “Economic Development Council” (§§ 63N-1a-501–503), a new body chaired by the Governor that sits above the existing GOED Board to set statewide strategic economic development priorities. Its membership section (§ 63N-1a-501) establishes per diem rules and quorum rules, but, unlike the new provisions for the GOED Board, it contains no conflict-of-interest language whatsoever. The Council includes sitting legislators (Senate President, House Speaker), the Governor or designee, and representatives of major development authorities (Inland Port, Point of the Mountain, Military Installation Authority, Fairpark District). Leaving out any conflict-of-interest standard seems rather odd, considering the explicit language added for the benefit of the GOED Board in the same bill.

Fun fact: The UFA Code of Ethics & Conduct states, in part:

“1.6 Recognizing and avoiding conflicts of interest which may occur whenever one’s pursuits in a particular subject lead one to actions, activities, or relationships that undermine—or appear to undermine—one’s ability to make honest and impartial choices when performing one’s duties and harm the collective interests of a project or program.”

*As of publication, they're still updating the copy on their website.

Petitioner's SUPPLEMENTAL Statement of Facts (FACSIMILE)

From: Joe Puente
Subject: Petitioner's Supplemental Statement of Facts, PUENTE v. GOEO (2026-058)
Date: May 20, 2026 at 7:00:08 PM MDT
To: [GovernmentRecordsOffice DGO]
Cc: [Todd Jenson,AAG…]


Attached is a Supplemental Statement of Facts submitted by the Petitioner in the matter of PUENTE v. GOED (2026-058).

Document: 20260520_Supplemental_Statement_of_Facts.pdf

[Attachment]

____________________________________

N.b. The Office of the State Auditor was contacted separately.

____________________________________


BEFORE THE GOVERNMENT RECORDS OFFICE

OF THE STATE OF UTAH

JOSEPH L. PUENTE,

Petitioner,

v.

GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT,

Respondent.

PETITIONER'S SUPPLEMENTAL STATEMENT OF FACTS, REASONS, AND LEGAL AUTHORITY

Case No. 2026-058

Honorable Director Lonny Pehrson

Submitted pursuant to Utah Code Ann. § 63G-2-403(3)(b) and Administrative Rule R20-3-2(2), and in response to Respondent Governor's Office of Economic Development's ("GOED") Statement of Facts filed May 20, 2026.

INTRODUCTION

Petitioner Joseph L. Puente submits this supplemental statement to directly address four specific deficiencies in GOED's May 20, 2026 Statement of Facts. GOED's filing presents a procedurally adequate but substantively incomplete response that:

  1. Asserts records do not exist without certifying any good-faith search;

  2. Applies Utah Code § 63G-2-305(35) as a categorical blanket without meeting the statute's two-part conjunctive threshold;

  3. Mischaracterizes the January 8, 2026 Board vote as an informal advisory act in direct contradiction of the contemporaneous transcript; and

  4. Ignores entirely several categories of records that the exemption cannot lawfully cover.

Nothing in this supplemental statement repeats arguments already made in Petitioner's March 16, 2026 Notice of Appeal and accompanying exhibits (AppEx_01 through AppEx_17). This statement is offered to focus the Director's attention on points raised for the first time — or left unaddressed — in GOED's own submission.

____________________________________

I. GOED'S "RECORDS DO NOT EXIST" CLAIM IS UNCERTIFIED AND IMPLAUSIBLE

GOED asserts that certain records — specifically, a formal application, an award letter, and a grant contract — "did not exist" at the time of the GRAMA request because no formal application had been submitted to the Executive Director. GOED's Statement of Facts at 4.

This claim is non-responsive to the bulk of Petitioner's request. Petitioner requested three categories of records:

  • (1) the complete IAA grant application and attached materials;

  • (2) any written documentation (letters, emails, memoranda) related to the IAA grant transmitted between GOEO staff, board members, applicants, other state offices, and third parties; and

  • (3) any award letter, scoring sheets, and executed contracts for FY 2025 and/or 2026.

GOED's "records do not exist" response is directed only at categories (1) and (3) — the formal application and the final contract. It is silent regarding category (2): the broad universe of written communications between staff, board members, Nuovo representatives, and other public and private entities that may have been in communication with the GOED regarding this specific matter leading up to, and surrounding, the January 8 Board meeting.

The January 8 Board meeting record makes the existence of such communications not merely plausible — it makes their non-existence implausible. The meeting (see AppEx_03 and AppEx_04):

  • Was publicly noticed with a specific agenda item labeled "Nuovo Film Festival Incorporated";

  • Included an "All Materials" packet distributed to board members in advance (AppEx_07);

  • Featured a detailed, multi-part presentation by Scott Anderson covering five operational "pillars," specific cost comparisons, named partners (Harbor Fund, "Ushi"/USHE), and a proposed governance structure;

  • Proceeded directly to a pre-drafted written motion that was read into the record — twice — naming the specific grantee ("Nuovo Film Festival Incorporated"), the specific fund ("Industrial Assistance Account"), and the specific dollar amount ("$2,000,000");

  • Concluded with a formal roll-call vote and a declaration of "Motion passes."

This level of preparation and specificity does not happen spontaneously. Staff memoranda, briefing materials, email coordination, the draft motion itself, any application-equivalent submission by Nuovo, and any internal communications about the funding source (including how the IAA funds were made available following Sundance's departure) are all records that virtually certainly exist. GOED has offered no sworn statement, no description of its search methodology, and no representation that it conducted a thorough, good-faith search of staff email accounts, shared drives, or board communication systems.

Under GRAMA, the burden is on the governmental entity to justify its denial. See Utah Code § 63G-2-403(11)(b). A bare assertion that no formal application exists does not carry that burden for the far larger category of written communications Petitioner actually sought.

____________________________________

II. GOED FAILED TO APPLY THE TWO-PART CONJUNCTIVE TEST OF § 63G-2-305(35)

The entirety of GOED's legal argument rests on Utah Code § 63G-2-305(35), which classifies as "protected" records that would:

"reveal negotiations regarding assistance or incentives offered by or requested from a governmental entity for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the governmental entity at a competitive disadvantage..."

This statute contains a two-part conjunctive threshold. A record is protected only if both conditions are met: (1) the record would reveal "negotiations" for incentives, and (2) disclosure would result in "actual economic harm" or place GOED "at a competitive disadvantage."

GOED's filing satisfies neither prong with specificity.

A. Not All Requested Records Are "Negotiations"

GOED treats every written communication related to the Nuovo IAA grant — without exception — as a "negotiation" record. This is legally overbroad. The following categories of records Petitioner sought are not, by their nature, "negotiations":

Record Category

Why It Is Not a "Negotiation" Record

Board meeting agenda and "All Materials" packet (AppEx_07)

A public meeting agenda item is a governmental administrative document, not a negotiation between GOED and a private party

Staff memoranda or briefing materials prepared for the Board

Internal government documents prepared for board deliberation are not communications "offered by or requested from" an applicant

The pre-drafted written motion

A motion drafted by staff or counsel is a governmental action document, not a private party negotiation

January 8, 2026 Board meeting minutes (AppEx_03) and the original audio recording of the Board meeting posted on the state’s public notice website following adjournment (Transcript submitted: AppEx_04).

Already public under the Open Meetings Act and explicitly not protected

Economic impact analyses or staff recommendations

Analytical documents prepared by government employees do not reveal private party negotiations


GOED offers no record-by-record analysis. It applies § 63G-2-305(35) as a categorical shield over everything, which the statute does not permit.

B. GOED Did Not Demonstrate "Actual Economic Harm" or Specific "Competitive Disadvantage"

GOED's argument on the second prong — the harm threshold — consists of a single, generalized paragraph asserting that public disclosure "could have a chilling effect, because businesses and organizations would not want to negotiate with GOED if their strategic plans were subject to public disclosure." GOED's Statement of Facts at 6.

This is a policy argument about hypothetical future negotiations with unidentified future parties. It is not a showing that disclosure of the specific records Petitioner requested would cause "actual economic harm" to Nuovo Film Festival Inc. or place GOED at a competitive disadvantage in any identifiable, concrete way.

The statute requires more. The word "actual" in "actual economic harm" means real and demonstrable, not speculative or generalized. GOED has not identified:

  • What specific records, if released, would reveal Nuovo's proprietary competitive strategies;

  • How Nuovo — a newly formed Utah nonprofit explicitly created in the context of a public post-Sundance initiative — faces competitive exposure from other states;

  • What specific negotiation with what specific competing state is ongoing or imminent such that disclosure would undermine GOED's position; or

  • Any evidence that Nuovo itself has asserted harm or invoked confidentiality.

Notably, the statute's "competitive disadvantage" prong is designed to protect GOED's ability to compete with other states for businesses weighing relocation. GOED's Sundance example actually illustrates the opposite point: Sundance already left for Colorado. There is no ongoing competition with Colorado over Sundance. The current negotiation, to whatever extent one exists, concerns a newly created Utah-based nonprofit whose stated purpose is to build a Utah film ecosystem — an entity with no competing state bidding for its location.

C. The Statute Explicitly Bars Withholding Final Contract Records

Section 63G-2-305(35) contains a carve-out that GOED acknowledges but does not fully address: "this section may not be used to restrict access to a record evidencing a final contract." GOED asserts no final contract exists yet — but this conditional acknowledgment implicitly recognizes that the moment a contract is executed, it is unambiguously public. Petitioner notes this for the record and renews the request for any such records if and when they come into existence.

____________________________________

III. THE JANUARY 8 BOARD VOTE WAS NOT AN INFORMAL ADVISORY ACT

GOED characterizes the January 8 Board action as an "informal presentation" of an "idea" made to the Board in an "advisory role," stressing that only the Executive Director — not the Board — has authority to award IAA grants. GOED's Statement of Facts at 3.

This framing is factually contradicted by what was said at the board meeting (Transcript AppEx_04) and the "Concept vs. Motion" comparison document (AppEx_05) already in the record.

The transcript shows the following sequence:

  1. Staff introduces the item to the Board as an IAA grant proposal, not a conceptual discussion;

  2. A pre-drafted motion is read into the record, naming the grantee, the fund, and the dollar amount;

  3. Scott Anderson delivers a detailed operational presentation;

  4. Board members ask substantive governance and implementation questions;

  5. The chair returns to the motion, has it read a second time, and calls for a motion and second;

  6. Named board members move and second the motion;

  7. A full roll-call vote is conducted, with each member voting "yes" individually;

  8. The chair announces: "Motion passes"; and

  9. The chair congratulates Anderson and states that the Board looks forward to "helping make this happen for the state of Utah."

A formal motion, a named roll-call vote, a declaration of passage, and congratulatory remarks about building the project are not the procedural markers of an informal advisory discussion. They are the procedural markers of a formal institutional action. The legal label GOED attaches to that action — "recommendation" rather than "approval" — may be accurate under the IAA statute's allocation of authority to the Executive Director, but it does not transform the factual record into something it is not.

The significance for GRAMA purposes is this: if the Board was conducting a formal, recorded, public action (even a recommendatory one) regarding a $2 million public expenditure, then the preparatory records underlying that action — the briefing packet, the staff memo, the draft motion, the emails coordinating the presentation — are records of government activity subject to GRAMA's presumption of openness. They are not transformed into "negotiations" simply because GOED now characterizes the Board's role as advisory.

IV. GOED DID NOT ADDRESS SEVERAL CATEGORIES OF RECORDS FROM PETITIONER'S EXHIBITS

GOED's filing makes no reference to, and offers no response to, the following materials Petitioner submitted as part of AppEx_01 through AppEx_17:

  • AppEx_14 (SB 2, FY 2025 Appropriations Act): Petitioner raised, with documentary support, the question of whether IAA funds used for the Nuovo grant originated from the lapsed conditional Sundance appropriation. GOED did not address this. The appropriation's conditions and lapse provisions are directly relevant to whether the IAA was lawfully available for this purpose — a matter of public accountability, not private negotiation.

  • AppEx_15 (State Auditor Complaint, Case 016517): Petitioner submitted a formal whistleblower complaint to the Utah Office of the State Auditor. GOED did not address this.

  • AppEx_17 (UFA Ethics & Conduct Evaluation): Petitioner submitted a detailed ethics evaluation raising concerns about Scott Anderson's dual role as both a presenter/advocate for Nuovo and an apparent incorporator/board member of the recipient entity, as well as the role of a Jefferson Moss appointee sitting on Nuovo's board while Moss holds final grant approval authority as GOED Executive Director. GOED did not address any conflict-of-interest question.

  • No press release: GOED issued press releases for other grant approvals at the January 8, 2026 Board meeting but did not issue one for the Nuovo IAA grant. GOED's statement does not explain or acknowledge this disparity, which bears on whether the agency treated this grant consistently with its own standard practices.

These omissions do not waive Petitioner's arguments on these points. They are noted here to inform the Director that GOED's statement does not constitute a complete or responsive defense to the record as assembled.

____________________________________

V. REQUESTED RELIEF

For the reasons stated in Petitioner's March 16, 2026 Notice of Appeal and this supplemental statement, Petitioner respectfully asks the Director to:

  1. Find that GOED has not carried its burden to demonstrate that the requested records either do not exist or are wholly exempt from disclosure under § 63G-2-305(35);

  2. Order GOED to conduct a thorough, documented, good-faith search for all records responsive to Petitioner's February 9, 2026 GRAMA request — including staff memoranda, briefing packets, the draft motion, internal and external emails, and any application-equivalent materials submitted by or on behalf of Nuovo Film Festival Inc. — and to certify by sworn statement the scope and methodology of that search;

  3. Order GOED to produce all responsive records that are not properly classified as protected, and to release all reasonably segregable public portions of any records containing some protected information, with an itemized, record-by-record explanation of the specific statutory basis for each withheld portion;

  4. Find that § 63G-2-305(35) cannot be applied as a categorical shield to non-negotiation records, including board meeting preparatory materials, staff analyses, and the pre-drafted motion; and

  5. Grant any additional relief the Director deems appropriate to ensure GOED's full compliance with GRAMA.

____________________________________

Respectfully submitted this 20th day of May, 2026.

(SIGNED)

Joseph L. Puente
867 S Concord St
Salt Lake City, UT 84104
Email: joe@joepuente.com

Petitioner, Pro Se

____________________________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Petitioner's Supplemental Statement of Facts, Reasons, and Legal Authority has been served via email to the Assistant Attorney General, Deputy Division Director, State Agency Counsel Division, on the same date it was submitted to the Government Records Office:

(SIGNED)

Joseph L. Puente
Salt Lake City, UT

Submitted to:

Todd Karl Jenson
Assistant Attorney General
160 East 300 South, 5th Floor
Salt Lake City, UT 84114-0856
Email:...

Government Records Office
Division of Archives and Records Service
Attn: Executive Secretary
346 South Rio Grande Street
Salt Lake City, UT 84101
Email:...

____________________________________

Exhibit references in this statement correspond to AppEx_01 through AppEx_17 as filed with Petitioner's March 16, 2026 Notice of Appeal. No new exhibits are attached to this supplemental statement; all referenced materials are already in the record.