TEXT OF EMAIL TO BOARD PRESIDENT AND VICE PRESIDENT:

Heather and Tiffany,

As per Board policy B-2 which states:

“Any board member may request that a topic be placed on an upcoming meeting agenda by contacting the board president or vice president. In general, scheduling of topics is at the discretion of board leadership…”

I am requesting that you place the topic of “employee use of the title Dr.” on the November 1, 2016 – Board agenda.

It has come to my attention that several Administrators have received letters of Discipline due to the fact that they are using the title of Dr. subsequent to successfully defending their dissertation and prior to their Doctorate being noted on their transcript. I am also told that these Administrators are part of an ongoing appeal process within the District (proceeding).

The Board has received numerous testimonies from those in higher education advising us that this is the common practice at the University of Utah. The latest ceremony was from Dr. Coleman at our last Board meeting (see attached video).

I am also of the opinion, that newly appointed Superintendent Cunningham is in violation of several Board policies in her feeble attempt to intimidate school district administrators.

Superintendent Cunningham is in violation of Board Policy G-19 and its accompanying Procedure which in part states:

Expressly Prohibits Retaliation which is defined as:

“any form of sanction or adverse treatment, including but not limited to intimidation, reprisal, or harassment of any individual because he or she…has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing related to a complaint…”

The G-19 procedure goes on to state:

“The district prohibits unlawful discrimination, harassment, and retaliation on all district premises, during district sponsored activities, in all aspects of employment with the district, and by all district students and employees…. Any request to stop the unlawful behavior outlined in these procedures must be complied with immediately. Individuals are encouraged to make such requests in order to resolve these situations if possible. Supervisors are responsible for taking prompt necessary steps, including appropriate disciplinary action, to ensure and maintain a working and educational environment free of intimidation, coercion, discrimination, harassment, and retaliation.”

Accordingly, I am requesting that this issue be placed on the Board’s November 1, 2016 agenda for discussion. The Superintendent is an appointee of the Board and we are therefore her supervisor. I am recommending that we take formal action and “request” that she discontinue her “unlawful behavior” that is having an adverse impact on our Administrators, teachers, and students alike. Surely, you can see that no good will come out of creating a hostile work environment for our school Principals. If a Principal feels under siege by the Superintendent, what impact do you think that is going to have on teachers? On students? On the life of the school?

The Board Handbook states:

“The board is empowered to make policy decisions for district schools. Board members act as trustees for the community; therefore, policies are often understood as expressions of the community’s aspirations for its public schools.”

In this case, the Board has no policy in place, outlining when an educator in the Doctoral program can use the title “Dr.” The standard for the University of Utah is that the title can be used following the successful defense of one’s dissertation.

In some circles, McKell Withers is considered the smartest person in the state of Utah when it comes to secondary education. McKell set the standard for this District; he used the title “Dr.” as early as 2003, yet did not receive his degree until December of 2005 (see attached video).

As one who has governing authority over this District, I cannot in good conscious remain silent and allow the current Superintendent to punish our current Administrators for following the custom of the day. Our current Board policies are silent on this issue. Placing this issue on the agenda will afford the Board and the public the opportunity to weigh in on this issue and make a determination if a standard should be expressed in the form of a policy.

Email in PDF Format

Dr. Coleman Speaking Truth to Power at the Board Meeting (YouTube)

When Did McKell Withers Receive His Doctorate? (YouTube )

FOR IMMEDIATE RELEASE

SALT LAKE CITY BRANCH OF THE NAACP CALLS FOR AN AUDIT OF THE SALT LAKE CITY SCHOOL DISTRICT

(Salt Lake City, Utah) – On Tuesday, October 18, 2016, at 5:00 p.m. at the Salt Lake City School District Offices located at 440 E. 100 S. in Salt Lake City, Utah. Ms. Jeanetta Williams, of the NAACP will join other Community Leaders in calling upon state Auditor John Dougall to conduct a performance and financial audit on the Salt Lake City School District.

“Over the past two years, the community has repeatedly called upon Board President, Heather Bennett, and Vice President Tiffany Sandberg to honor and respect the authority invested in the Salt Lake City Board of Education by not interfering with that public body’s responsibility to deliberate and take action publicly and openly.” Stated Ms. Jeanetta Williams. “The Board leadership continues to ignore the pleas of the community and in frustration; we now turn to the State Auditors Office.”

“The violations set forth in the report to State Auditor John Dougall will outline a pervasive pattern and practice wherein the Board leadership has abdicated the Board’s authority by NOT allowing the Board to deliberate and take action openly and transparently on matters of finances, employment, contracts, and state grants.” stated Utah Coalition of La Raza (UCLR) founder Archie Archuleta. * “Ms. Bennett (Board President) and Ms. Sandberg (Board Vice President) would have the District run as an autocracy where the school administration is permitted to maneuver in secrecy, operate by abuses of power, cronyism, nepotism and discrimination. We ask that Auditor John Dougall help our School Board reclaim its dignity and assume its rightful place as guardians of our children’s education.

“The call for this audit should in no way diminish the great work of our teachers and local school administrators who should be proud of what they are able to accomplish despite the failed leadership at the top. This request to Auditor John Dougall is about failed Board leadership which includes the top administrators in the District office.” Stated GOP Chair James Evans. *

“The community and leaders of the west side of Salt Lake City have been raising concerns of questionable practices and lack of transparency at the Salt Lake School District offices, for the last couple of years. The concerns of the community have been ignored; a need for an audit is timely and can provide specific recommendations.”  Stated State Senator Luz Escamilla. “Transparency and openness are critical in the efficiency and effectiveness of our Government.”

* Mr. Archuleta and Mr. Evans also sit on the Salt Lake City School District Equity Leadership Team

###

Founded in 1909, the NAACP is the nation’s oldest and largest civil rights organization. 

NAACP TUESDAY PRESS RELEASE FINAL

Supplemental Information

www.1stgencollege.com/about-klyoung

19 September 2016

DELIVERED VIA ELECTRONIC MAIL
Mr. Kimball Young, College Advisor
℅ Horizonte Alternative High School
1234 Main Street
Salt Lake City, Utah 84101

Re: Horizonte Graduate Advisor Services

Dear Mr. Kimball,

I feel compelled to write to you and apologize for the manner in which the District’s Business Administrator, Janet Roberts has treated you and inappropriately severed your contractual relationship with the Salt Lake City School District. Upon hearing that your contract with the District was haphazardly terminated, I directed several inquires to the Superintendent and Business Administrator. Throughout those exchanges I was able to determine the following:

In September 2014 – It appears that the decision was made at the local school level to hire someone on a full-time basis to help students with the transition into Higher Educational opportunities. The District issued an RFP for Graduate Advisor Services and you were chosen by District personnel to provide those services.[1] Subsequently, the District entered into a contractual agreement with you, to provide Graduate Advisor Services for the students at Horizonte Alternative High School. [2] It is my understanding that prior to this, you had volunteered your time in this capacity, as your schedule would allow. [3] Entering into this contract with the District, secured your services on a full-time basis. The Salt Lake City Board of Education authorized payment of your contract on the following dates:

1. September 16, 2014 [4]
2. May 1, 2015 [5]
3. August 2, 2016 [6]

As the result of a GRAMA request that I submitted last week, the District provided me with a copy of your contract and a purchase order status report that reflects that authorization of payment by District officials (including Ms. Roberts) occurred on 07/29/16. [7]

As you can see, on August 2, 2016, the Board of Education authorized the payment of your contract for the 2016-17 school year in the amount of $48,000.00. [8] The last communication I received from Superintendent Cunningham is that she will not answer anymore of my questions on this issue and will instead inform the entire Board at Tuesday night’s Board meeting as to the reason or reasons why the District’s Business Administrator has countermanded an official act of the Board of Education. [9]

At this point, I am perplexed by yet another instances of an unauthorized action by Ms. Roberts. [10] According to Utah Statutes, as the District’s Business Administrator, she is subordinate to the Board of Education and does not have the authority to override an official vote of the Board. [11]

In closing, on behalf of the community that elected me to represent them, please accept my gratitude for the work you have done for the students at Horizonte Alternative High School over the past decade. We all look forward to a speedy resolution to this misunderstanding and a continued association with you. [12]

Shalom,

J. Michael Clára
Board Member, District 2
Enclosures

cc: Dr. Cunningham, Superintendent
Horizonte School Improvement Council (SIC)
Horizonte School Community Council (SCC)

Letter in PDF

Attachments to Letter

TEXT OF LETTER TO SUPERINTENDENT:

25 August 2016

DELIVERED VIA ELECTRONIC MAIL & USPS

Ms. Alexa Cunningham, Superintendent
℅ Salt Lake City School District
440 East 100 South
Salt Lake City, Utah 84111-1891

Re: DISTRICT FINANCES ► GANG PREVENTION EXPENDITURES

Dear Dr. Cunningham,

Acting under the authority of my elected office, and in my official capacity as a member of the Salt Lake City Board of Education, I submit the following request on behalf of the residents of Salt Lake City, District 2. [1]

Pursuant to Government Records Access Management Act (GRAMA), [2] I am requesting a copy of all records (a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, electronic mail or other documentary material regardless of physical form or characteristics) in reference to or regarding the following:

1. Gang Prevention expenditures by school and District for the period of July 1, 2015 to the present.
2. Title I expenditures by school and district for the period of July 1, 2015 to the present.
3. Expenditures for At-Risk Students by school and District for the period of July 1, 2015 to the present.
4. The disbursement of the funds that the District receives from Salt Lake City Redevelopment Agency
5. Copies of all conflict of interest declarations submitted by current and former District employees
6. Additionally, I am renewing my request for an organizational chart of the District administration.
   1. As I indicated in that August 2^nd Board meeting, I am particularly interested in where the newly created positions of Family Outreach Specialist will fit into the organization and not compete or duplicate the services provided by other positions in the District i.e. Family /School Collaboration Director, Community Learning Center Coordinator, Title I Director, Community Education Specialist etc…

i.      Please provide me the names of employees in these positions and who they report to;

ii.       Please provide me job descriptions for these job titles

iii.      I am also interested to know under which Chief on the Associate Superintendent level in the current administration they fall under.

GANG ACTIVITY
On August 23, 2016 – A 16 year old was shot by two others in front of the Dual Immersion Academy, Charter School in my neighborhood. It is my understanding that neither the victim nor suspects attended that school. The location of this shooting was within three blocks of Parkview Elementary and Mountainview Elementary. [3]

On August 24, 2016 – Two other Juveniles were held hostage, pistol whipped and gasoline poured on them in Salt Lake City’s westside.[4]  While the police are reporting the suspects are from California, both victims and suspects are known by our students within our school District.

BACKGROUND
On July 2, 2016– I sent you an email renewing my request for information on the finances of the District. I in part stated the following:

“I am also wanting to see a copy of the Gang Prevention application that submitted to the Sate Office of Education. I am being told that Colors of Success is being eliminated from the District. If that is true, then I submit that this District is placing the community in danger if we are eliminating this type of gang prevention program” [5]

On July 29, 2016 – I received a copy of the Gang Prevention and Intervention proposal submitted to the State Office of Education by Business Administrator Janet Roberts and Chief Operations Officers, Larry Madden. [6]

The proposal confirmed what I was being told, that Administrator Roberts and Chief Madden did indeed eliminate Colors of Success as the District’s gang intervention program. From a procurement standpoint, [7] can you please advise me what process Administrator Roberts and Chief Madden followed in order to utilize the services of a teacher from East High and her program, Technique for Tough Times in place of Color of Success? My records indicate that Colors of Success is the District’s designated “Sole Provider” [8] for Gang Prevention programs within the District. [9]

Moreover, In a May 6, 2014, Board of Education meeting, we were discussing the School Improvement Plans and Dr. Laurie Lacey (Title I Director) stated that Techniques for Tough Times (Social Studies elective) is “not a gang intervention program”. [10] How does Administrator Roberts and Chief Madden justify their actions on this matter? The grant application also states that Administrator Roberts and Chief Madden entered into an agreement with the Salt Lake Area Gang Project for gang intervention services. I find it curious that prior to the June 7, 2016, Board meeting starting, I asked Administrator Roberts what was the District spending $20,000.00 on Salt Lake Area Gang Project, when Colors of Success is our gang intervention program. [11]

Administrator Roberts claimed to not know and then asked Chief Madden who said he did not know. After the meeting, Chief Madden showed me a text message he received from the Student Services Director stating that she is the one that expended the funds. I then asked him:

“For what purpose was the funding used”?

Chief Madden said that he did not know and that he would get back to me. He never did.

When I finally received a copy of the grant application, I discovered that the Roberts and Madden hired five advocates that work for the Salt Lake Area Gang Project. I find it curious that both Roberts and Madden denied any knowledge of the Salt Lake Area Gang Project, yet these two were the ones that signed off on the grant application. Furthermore, in the assurances of the grant application, these two affirm that the application was authorized by the Salt Lake City Board of Education. They also state that the decision to abandon Colors of Success and hire Technique for Tough Times and the Salt Lake Area Gang Project was agreed to by the District’s Gang Prevention and Intervention Advisory Council. They also references statistical data that appears to be missing.

Accordingly, please provide me copies of the following:

1. Copy of the list showing the membership of the District’s Gang Prevention and Intervention Advisory Council
2. Copy of the agenda and minutes to the meetings convened by the advisory council
3. Copy of agenda or minutes to a meeting where the Board of Education authorized the District to submit this application to USOE
4. Copy of the RFP Process and contract associated with  Technique for Tough Times program
5. Copy of the RFP Process and contract associated with the Salt Lake Area Gang Project
6. Copy of Appendix A & B referenced in the application but not included

Roberts and Madden state that the District hired five advocates from the Salt Lake Area Gang Project to work on gang intervention with five schools: West High, Glendale, Northwest, Meadowlark and Jackson Elementary. When I called those schools and asked to speak to the advocate assigned to the school, the person on the phone had no idea what I was talking about. Where are the advocates? Where is the money?

Furthermore, you will recall that during this past budget cycle, in public board meetings and in private meetings with you, I alerted you to the fact that it appeared that members of the administration were stripping the District of its current gang prevention / intervention program. In those same meetings I also requested information on the expenditures of the District for Title I and Gang Prevention expenditures.

On July 31, 2016 – I sent you correspondence that you acknowledged receiving, yet have not responded to my requests in the letter. I here renew one of them

In light of the fact that I have received multiple reports of administrators utilizing District resources in order to generate income for their private sector business, I would request copies of all “conflict of interest” declared by employees of the District as required by state statute: “An employee shall declare a potential conflict of interest…”[12]

On August 3, 2016 – I did receive scant information (four pages) on Title I expenditures. [13]  However, it is not to the level of detail that I require in order to make decisions on the finances of the District. To that end I am renewing the request under GRAMA.

Accordingly, GRAMA encourages agencies to fulfill a records request without charge.[14] Based on Utah Code §63g -2-203 (4a), I am requesting a waiver of copy costs because releasing the records primarily benefits the public rather than a person: 

“In enacting this chapter, the Legislature finds and declares that the state, its agencies and political subdivisions, exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly” [15]

Furthermore, my “legal rights are directly implicated by the information in the record” [16] as I am an elected member of the Board of Education. [17] Consequently, I recognize that you will respond to my request within 5 business days, as permitted by GRAMA. [18]

I have sent a courtesy copy of this letter to the Mayor and members of her staff as I believe that we need to work in partnership with City to address the gang issue in our community. I have sent a courtesy copy to the State Auditor as yet another example of where District employees are acting on behalf of the Board in violation of state statutes and Board policy. I have sent a courtesy copy to my state Senator and the Senate President as they are in the process of reviewing a local elected official’s ability to obtain information from the very agency over which that elected official has governing authority.

Shalom,

J. Michael Clára
Board Member, District 2

cc:
Senator Niederhauser, President
Senator Escamilla, Minority Assistant Whip
Utah State Auditor John Dougall
Mayor Biskupski, Salt Lake City

UTA Social Media

TEXT OF LETTER TO Utah Transit Authority:

28 December 2015

Delivered via electronic mail
Ms. Ruth Hendricks, Title VI Compliance Officer
℅ Utah Transit Authority (UTA)
669 West 200 South
Salt Lake City, Utah 84101

Re: Transit Amenities Equity Analysis

Dear Ms. Hendricks,

I am writing to request a copy of UTA’s most recent Title VI – Transit Amenities Equity Analysis. [1] I am also interested in obtaining a copy of the associated policy on transit amenities distribution. If these documents are already on line, can you please provide me the link?

Last year, I was asked by members of the Glendale Middle School Community Council to reach out to UTA and request that the bus stop located at 1245 W. California Avenue in Salt Lake City, Utah, be upgraded to include a bench and shelter. [2]

I passed on the request to Mr. Chesnut in the UTA planning department, at the time, I understood him to say the bus stop location would be upgraded. As of this writing, no such upgrade has occurred.

Earlier today, I noted that UTA posted an article on its social media touting bus stop enhancements on Salt Lake City’s eastside: “The stops will facilitate transportation to places like… Hawthorne and Whittier Elementary schools and local shops at 17th South and 500 East.”. [3]

The article goes on to state that bus stops on 1700 S., 200 S. and 500 E. will be improved to include new benches and bus shelters. Unfortunately, it appears that the majority of recent upgrades are isolated to one part of town. This is problematic in that the 2010 census tracts reveal a 70% on average ethnic minority population in the area of Glendale Middle School, in contrast to an average 10% ethnic minority population around the schools mention in the UTA media propaganda. [4]

“Transportation, education, and housing make up the three-legged stool that continues the vestiges of previous illegal (and legal) segregation.” [5]

As you are aware, unlike suburban commuters who use public transit for work purposes but also have the option of using their cars, many in my community are dependent on UTA’s various modes of transportation to get to work, school, grocery stores, health and social services, and other essential destinations. Simply put, bus service is the transportation safety-net for many communities of Color; Transportation Justice must be the order of the day!

At first glance, it appears that UTA is not placing amenities in an equitable manner throughout Salt Lake City. Yet, I remain hopeful that UTA’s equity analysis will demonstrate the Authority’s commitment to ensuring that no person shall be excluded from equal access to its services and associated amenities because of race, color or national origin in accordance with Title VI of the Civil Rights Act of 1964.

Shalom,

J. Michael Clára
Board Member, District 2

cc: Glendale Middle School Community Council
Mr. Randy Sorenson – Chair, Glendale Community Council
Ms. Marti Woolford – Chair, Poplar Grove Community Council
Councilman Johnston – Salt Lake City Council, District 2
Representative Angela Romero
Senator Luz Escamilla
Salt Lake City Chapter of the NAACP
Utah Coalition of La Raza
Crossroads Urban Center
PDF Version of Letter

Ms. Jeanetta Williams ,   NAACP

NAACP Letter
November 16, 2015

Superintendent McKell Withers
Board President Heather Bennett
Board Members

We, the undersigned, join with leaders of various cultural and ethnically diverse groups who have come together to voice their concern over the recent reorganization plan which was announced by Superintendent McKell Withers and the Salt Lake City School Board.

Several members of this group attended the school board meeting held November 3 to express their concerns. Presentations made by Josie Valdez, former vice-chair of the Utah State Democratic Party, Stanley Ellington, community activist, and Dr. Paula Smith, professor at the University of Utah, expressed the following concerns:

• Superintendent McKell has overstepped his authority and has not followed regulations outlined in State law.
• The board has failed to follow the procedures outlined in the Salt Lake City School Board Handbook.
• The reorganization plan has marginalized and demoted the Equity Department in the re-organization resulting in an all ALL-WHITE administration.
• These WHITE administrators were appointed.  The group demanded competitive hiring practices be followed to allow for qualified minorities to apply for consideration.
• The group demanded that the reorganization not be allowed to proceed until laws are followed, rules and procedures are observed and ethnic minority personnel be allowed to apply for positions within the administration.

We, the undersigned, join in the concerned that 57% of the student population in the district come from ethnically diverse families, yet there will be no representation from these communities in your administration.

Salt Lake City continues to grow as an ethnically and culturally diverse city and we must ensure the administration of the Salt Lake City School Board reflects the population which it serves.

With utmost respect,

Jeanetta Williams, President, NAACP Salt Lake Chapter

Archie Archuleta, Former Chair, Utah Council of la Raza (UCLR)

Senator Luz Escamilla

Representative Mark Archuleta Wheatley

Becky Moss, Chair, Utah Stonewall Democrats

Jorge Robles, Community Activist, candidate for school board

Dr. Karen Kwan, Asso. Professor, Salt Lake Community College

Diego Cordova, Frank Cordova Foundation

OCA, Utah Asian Pacific American Advocates

PDF Version of Letter