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TO:   Senate Education Committee & House Education Committee– Utah State Legislature

FROM:   J. Michael Clára –Board Member, District 2

CC:  President Niederhauser ▪ Speaker Hughes ▪ Senator Escamilla ▪ Representative Romero ▪ Utah State Auditor Dougall ▪ Superintendent Cunningham ▪ Business Administrator Roberts

DATE:       3 October 2016             

SUBJECT:    Misappropriation of the State Gang Prevention/Intervention Program Funding [1]

Acting under the authority of my elected office, and in my official capacity as a member of the Salt Lake City Board of Education (Board), [1] I am writing to members of the Utah Legislative Education Committees to express my alarm with what appears to be a colossal break down in the fundamental concept of local school board governance. While this problem has its ebb and flow, the current state of affairs has the potential to quickly escalate into a public health crises for Salt Lake City if the gang intervention program in our schools is not restored. [2]

Over the past six months, in response to my requests, the Salt Lake City School District’s bureaucracy has provided me with scant or misleading information on the programs and finances designed to serve our most vulnerable student populations. During the months of July and August of this year, newly appointed Superintendent Cunningham was ignoring my emails. In some frustration, I submitted a GRAMA request for the outstanding information about the finances of the District.[3]

On September 02, 2016 – I received a reply from the Superintendent’s Attorney (Kristina Kindl), advising that she will provide me the information on the finances of the District, after I pay the:

                  $337.50 dollar invoice included with her reply.
Attorney Kindl goes on to state that she is billing me at a rate of $45.00 an hour, she also adds that this does not include copying cost which will result in additional fees (see letter on following page). [4]

PUBLIC HEALTH CRISIS
The comprehensive gang model, as set forth by the U.S. Department of Justice calls for a community’s efforts to focus on the following when combatting gang violence:

  1.    Gang Prevention
  2.   Gang Intervention
  3. Gang Suppression. [5]

The Salt Lake City Police Department does an outstanding job on the gang suppression aspect of this model. The intervention part has been coordinated by a public-private partnership with caseworkers imbedded in the schools. They then coordinate with law enforcement and other agencies to help students out of the gang lifestyle.

In response to multiple requests, in July of 2016, Superintendent Cunningham provided me a copy of the grant application (after it was submitted) and other information about the District’s current gang intervention program. The information she gave me stated that the District will have five gang intervention “advocates” at five different schools in the District for the 2016-17 school year.[6] I passed on this information at community meetings and with parents prior to school starting. During the first week of school, I was informed by parents and local administrators that only one school had a gang intervention advocate on campus.

This is significant, in that these gang intervention advocates are the ones that students, educators and members of the community typically go to when there is talk of gang violence. They are also the ones who monitor the closely knit gang networks and work with school officials, other agencies and families to head off potential gang violence in our community. Moreover, they are an integral part of the process in helping students get out of gangs. Yet, based on the scant and fractured information currently at my disposal, it now appears that Business Administrator Roberts has single handily eliminated the intervention aspect of this model from the District and replaced it with a Social Studies elective (classroom setting) created by a teacher that works within the District. [7]  I also noted in the grant application, under the heading of “program assurances”, Business Administrator Janet Roberts states: “Filing of this application has been authorized by the governing body of the applicant”. [8]As a member of the governing board, I have no knowledge of this application being presented or approved by the Board. On the contrary, I asked about the status of this application during this past budget process and it was not given to me until two months after Business Administrator Roberts signed it and turned it in to the State Office of Education. Additionally, I find no record where this was presented to the Board for approval.

Business Administrator Roberts also asserts that the District had in place a “Gang Prevention and Intervention Advisory Council” that provided “annual program evaluation, long range planning and evaluation.” Yet the page in the application where the members of this group should be listed is blank. I have since confirmed from multiple sources in the District office that no such committee existed. Furthermore, the application does show that a large portion of the gang prevention money is being diverted away from gang intervention and into a classroom setting.

Dr. Laurie Lacey (Title I Director) stated that Techniques for Tough Times (Social Studies elective) is “not a gang intervention program”. [9] Additionally, parts of the application are missing required data. The sections that ask for goals, objectives and evaluations is also left blank. Colors of Success (Colors) has effectively provided the District with gang intervention services for the past decade. Speaking from a procurement standpoint, Colors is currently listed as the sole provider for gang prevention services. My question is, “what procurement process did the Administrator Roberts follow when she made the decision to divert funding away from the ‘sole provider’? [10] In other words, it appears that Roberts changed the District’s gang intervention services in violations of the requirements in the state’s gang grant requirements and in violation of Utah procurement laws.

One of the responsibilities of Business Administrator Roberts is to “insure that adequate internal controls are in place to safeguard the District’s funds” [11]  Based on my observations over the past four years, the control and safeguards are either broken or just not adhered to within this District. Moreover, I believe the decision to eliminate gang intervention from the District is not only illegal but shortsighted and will have a reverberating negative impact on Salt Lake City’s westside communities. In the case of gunfire on neighborhood streets, we are told that violence gets passed on by cultural norms around retaliation and issues of “respect” in high-crime communities. To that end, a 2013 study of gang homicides in Boston and Chicago, determined that killings were driven by status-seeking, retaliation, and the organizational memory of a gang all of which are networked through socially symbolic behaviors. [12] I ask you to consider the following crises at our doorstep:

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. I came upon the scene as the ambulance pulled away with the victim (see blog post picture). [13]

On August 24, 2016 – Two other Juveniles were held hostage, pistol whipped and gasoline poured on them in Salt Lake City’s westside.[14]  While the police are reporting the suspects are from California, both victims and suspects are known by our students within our school District.

On September 5 to10, 2016 – I checked the Salt Lake City Police Watch log and these are the case numbers associated with incidents involving a gun or drive-by shootings over the past few days (does not include calls where shots were only heard): 16-133193 /16-132967/16-163309/16-164206/16-164141/16-164364/16-164079/16-165395/16-164185/ 16-167847/16-168137/16-172252/16-184562/16-183896/16-184845/16-184482. There was an aggravated assault with a gun at 1100 W. area of California Avenue which is two blocks from Mountainview Elementary School. Over the past weeks we have seen fights in various parts of Glendale once school is let out in the afternoon. Several of my neighbors have advised me that the police will show up sometimes an hour later, after they call.

This past week there was a gang incident at West High School (16-173317). Edison Elementary called the police to report gang actively (16-173196). Also this past week, there was a large fight at Glendale Middle School (16-172689).  Another fright involving Glendale students was reported at 1300 S. and Concord area on that same day (16-172686).

I created the following display (photos I took) that depicts the aftermath of an incident that occurred this past Saturday at dusk, where revival gang members were shooting at each other where at least 15 children of elementary school age were in the area (three blocks from Franklin Elementary):

Consequently, I predict that Salt Lake City will spiral into a cycle of gang violence if we stay this course of neglecting the intervention part of the national model within our schools. [15]

Relying solely on the police, has proven to be ineffective: Sociologist tell us, “…you can’t arrest your way out” of gang violence because it’s the people who are most embedded in the relatively small networks of violence that need to be reached through intervention efforts within their communities.[16]

Several years ago, the Utah legislature clearly understood these concepts and adopted a framework wherein state funding was provided to combat gang violence within our communities. [17] Yet that funding is not appropriately being spent within the Salt Lake City School District.

BACKGROUND
On April 5, 2016 – At the regularly scheduled Board meeting, I specifically requested that the Board look at student, police, community and gang intervention in a comprehensive manner within the context of budget development. [18]

On May 16, 2016 – I met with Superintendent Cunningham and among other issues advised her of my concern for the manner in which District personnel were misappropriating state funding allocated to the District for gang prevention and intervention.

On May 17, 2016 –During a regularly scheduled Board meeting, I renewed my request for financial information on the gang prevention and for at-risk students. [19]

On June 7, 2016 – Prior to the regularly scheduled meeting of the Board commencing, I once again asked you in your capacity of the Board’s Business Administrator, for information on gang funding as well as clarification on a $20,000.00 expenditure for the Salt Lake Area Gang Project. You consulted with Larry Madden who claimed to not have any information on the expenditure, but would check with one of his subordinates and get back to me. [20]

On June 21, 2016 – During the regularly scheduled meeting of the Board, I once again, raised the issue of the status of the District’s gang intervention program. The Board president spoke to my request with a commitment to have the information provided to me. Administrator Roberts spoke to my concern and advised me that it was a grant from the state that she signed off on it, although she would not provide me any information in response to my questions. In that same meeting I asked about the details of RDA expenditures. I was told that the information I requested, would be provided.

On July 12, 2016 – I sent an email to Superintendent Cunningham advising her that I was not going to attend the so called “Board, small group meetings” about the District’s budget, as I believe this is how the District circumvents Utah Open and Public Meeting Act. In that same email, I renewed my requests for the following information on the finances of the District:

  1. A.       Expenditures on Gang Prevention
  2. B.       Expenditures of Enhancements for At Risk Youth
  3. C.      Title I Expenditures
  4. D.      Expenditures and classification of School bus routes
  5. E.       Revenue and Expenditure of RDA funding from the City
  6. F.       Expenditures of the on the University of Virginia Turnaround Program 

 “I cannot make an informed decision on funding if I do not have a clear picture on how the District is utilizing this particular category of state funding…Finally, I want to ensure that the Board has been informed about all available funding.

Last year we were told of the need to raise taxes by 1.5 Million and then in late November we are told of an additional ongoing 2 million dollars available in the budget. It is imperative that all information about revenue be disclosed to the Board during the budget process and prior to the Truth in Taxation hearing, not afterwards.” [21]

On July 18, 2016– I once again met with Superintendent Cunningham and among other issues renewed my request for information on the status of at-risk student funding. In that meeting, I renewed my request for information on the finances of the District. I also renewed my objection to personnel changes occurring without Board approval. I also renewed my request for an updated organization chart of the District administration and departments.

On July 29, 2016 – I received a copy of the Gang Prevention and Intervention grant signed and submitted to the State Office of Education by Business Administrator Roberts and Chief Operations Officer, Larry Madden, back in May of this year.[22] 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. In my correspondence to the Superintendent I asked the following:

“…from a procurement standpoint, [23] 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” [24] for Gang Prevention programs within the District? [25]

I have as of yet to receive a response from the Superintendent.

On July 31, 2016 – I sent Superintendent Cunningham correspondence that she acknowledged receiving, yet as of this writing, has not responded to my requests in that email. I here mention 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…”[26]

On August 2, 2016 – During a regularly scheduled meeting of the Board, I once again renewed my request for details on the finances of the District and a current organizational chart of the departments and personnel on the District level. [27]

On August 3, 2016 – I did receive scant information (four pages) on Title I expenditures. However, it is not to the level of detail that I require in order to make decisions on the finances of the District. [28]

On August 25, 2016 – I submitted a GRAMA request for information on the District’s gang prevention program as the information that the Superintendent provided me in July was misleading and inaccurate. [29]

On September 02, 2016 – After receiving no response from the District (considered a denial under GRAMA[30]), I sent a GRAMA appeal letter to Janet Roberts who serves as the District’s GRAMA appeals officer. Later that day, I did receive a reply from the Superintendent’s Attorney (Kristina Kindl) informing me to pay the District $337.50 dollar if I want to review the financial records of the District.  [31]

On September 10, 2016 – I received a letter from the Boards Business Administrator, Janet Roberts advising me that my GRAMA appeal letter to her is “moot”. Ms. Roberts then duplicitously exhorts me as follows:

…Please keep in mind that as an elected board member, you can request district information through the informal process provided for in Board Policy B-1: Board of Education Legal Status, Responsibilities, and Ethics. This Policy outlines the process through which board members can receive information necessary for the performance of their elected duties, and receive such information free of charge, and may, if appropriate, provide you with information that is not available to the general public. [32]

You will note that on multiple occasions, I did indeed “request district information through the informal process”. This kind of organizational schizophrenia is so common in this District that it is now normalized behavior.

On September 12, 2016 – Two other Board members and I met with Dr. Cunningham about her recent practice of ignoring my emails and requests for information. In this meeting, she acknowledged that Business Administrator Roberts signed off on the gang prevention grant application in spite of the fact that several of the assurances required by the grant were not met by the District. She also disclosed that the District has only one part-time gang intervention specialist in place. The three Board members in the room advised Dr. Cunningham that one part-time advocate for the entire District is not at all sufficient, she committed to work on that and would get back to us. Dr. Cunningham further stated that I had not been provided a current organizational chart of the District because there is not one that accurately reflects the current structure of departments and administrators, she also confirmed my suspicion of duplicate, competing and redundant positions do indeed exists within the organization. In order to determine to what extent inefficiencies are occurring, she said she would need to hire an outside company to conduct and organizational audit. I objected to spending money on yet another organizational audit if we are going to ignore the results and recommendations as we are doing with the Human Resources Department audit currently in our possession. She also revealed that many of the positions in the District do not have job descriptions and none of the administrators have evaluations in their personnel file.

I submit, this is the result of former Superintendent McKell Withers and current Business Administrator Janet Roberts, bypassing the Board in the approval process of new hires as prescribed by state law. Dr. Cunningham is perpetuating the same bad behavior by placing people in new positions within the District absent the checks and balance that state law has endowed the Board with. The continuation of bad behavior on the part of the administration translates into more tax dollars being used on fixing problems and not on educating our students. Prior to leaving the building, I hand delivered a second GRAMA Denial Appeal to Business Administrator Roberts. [33]

Following the meeting with the Superintendent, I went to the Utah State Board of Education building and met with Ms. Ann White, Director of Student Advocacy Services. I reported to her, the deceptive manner in which the gang prevention grant application was submitted to the state office of education.

On September 16, 2016 – I received my second denial of appeal letter (see attached) from Business Administrator Roberts wherein she denies my fee waiver appeal for the following reason:

“You are also seeking a fee waiver based on your belief that “releasing the records primarily benefits the public rather than a person.” You have provided no evidence that the release of these records would primarily benefits the public, rather your assertion is based upon the fact that you are an elected board member. If every elected public official was entitled to have his/her GRAMA requests fulfilled free of charge, the statute could have easily included that language. However, the statutory language does not include an exception for every elected public official, nor does the statute even require the district waive fees in instances in which the release would primarily benefit the public, it merely encourages it.” [34]

I include the entire denial letter in this correspondence because it demonstrates the disdain that Ms. Roberts has for the office that I hold. I believe it also displays her conviction that she is under no obligation to honor my requests to view the finances of the District.

 

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GOVERNANCE IN EDUCATION
As you are aware, the Utah Constitution specifically defines a school district as a “political subdivision” of the State of Utah. [35] Moreover, The Utah Constitution vests “general control and supervision of the public education system” in the State Board of Education. [36] The Utah Legislature has defined “general control and supervision” to mean “directed to the whole system.” [37]

Accordingly, the State Board of Education has the authority to establish rules and minimum standards regarding qualification and certification of teachers, graduation requirements, school accreditation, school building sites, school lunch programs, and student accounting requirements. Each of these responsibilities relates to the management of the school system in the state as a whole. [38] Seeing that Superintendent Cunningham is from Arizona, she may not be aware that in contrast, local school boards exercise a myriad of responsibilities independent of the State Board of Education: [39]

I.            The Salt Lake City School Board receives revenue from local property taxes, state grants and Federal monies.

II.            The Salt Lake City School Board may levy taxes pursuant to state and local law to fulfill its obligation to provide for the schools within the District. [40]

III.            The Salt Lake City School Board is empowered to collect property taxes for debt service and capital outlay. [41]

IV.            The Salt Lake City School Board has the obligation to finance the basic school program in order to locate, and maintain elementary, secondary and vocational schools. [42]

V.            The Salt Lake City School Board has the legal power and duty to do all things necessary for the maintenance, prosperity, and success of the schools and the promotion of education to exercise all powers given by statue.[43]

VI.            The Salt Lake City School Board is empowered to determine what things are detrimental to the successful management, good order, and discipline of the schools and the rules required to remedy these conditions by the empowerment of the following duties: [44]

  1. Formulating and interpreting Board policies
  2. Employing by contract the superintendent, principals, teachers, or other executive officers and set salary schedules therefore.
  3. Requiring and evaluating reports from the Superintendent on the educational program and financial status of the schools.
  4. Adopting such rules, regulations, and bylaws as the Board may deem proper.
  5. Having District fiscal accounts audited at District expense by an independent auditor and filed with the State Superintendent as required by law.
  6. Receiving bequests and donations or other monies or funds that are made for educational purposes.
  7. Close the schools or suspend operation if necessary. [45]

I have taken the time to list the powers and duties granted to a local Board of Education, as it serves to highlight the absurdity of Superintendent Cunningham’s refusal to provide me information that I require in order to fulfill my statutory responsibilities. [46]  I have already exposed numerous instances of financial improprieties within the District. Superintendent Cunningham’s latest actions are an example of what I file under the category:  The cannibalization of public education

This is where a Superintendent will use my neighbors hard earned tax dollars to hire a full-time attorney and Public Information Officer that will conspire to conceal information and finances from the very person that those tax payers elected to represent their interest on the Board.

In spite of a mandate to do so, the Utah State Office of Education is not monitoring the expenditures of state funds and neither is the local Board of Education. Make no mistake, those that run this local school district are operating in the absence of any type of local or state oversight. In other words, the Superintendent and her administration are accountable to no one on how they expend the District funds. The current state of affairs should not be allowed to continue.

UTAH OPEN AND PUBLIC MEETING ACT
Here is yet another example of the cannibalization of public education. Last month the Superintendent’s attorney proposed a change to Board policy on how items on the agenda are to be handled:

The board member MUST…contact the superintendent to notify…her of the board member’s concerns with a consent or action item [on the agenda] at least twenty-four (24) hours prior to the scheduled board meeting [47]

Clearly, that requirement is in direct contradiction to the legislative, “Declaration of Public Policy”:

It is the intent of the Legislature that the state, its agencies, and it political subdivisions:

(a)     take their actions openly; and

(b)     conduct their deliberations openly [48]

Superintendent Cunningham and her attorney must not be aware that in Utah, not only are the Board’s “actions” to be conducted openly but so should our deliberations. Hence, requiring me to submit my concerns about items on the public agenda, to a subordinate, 24 hours prior to the meeting, does NOT make for open deliberations.

I should here point out, that at our August 2, 2016, Board meeting, I sent the Superintendent a request to move the purchasing report and the human resources report from the consent agenda to the action agenda. Additionally, I did pose questions via email about items on both reports. The Superintendent acknowledged receipt of my email and then in the public meeting denied receiving any questions from me. The following day, I sent her a copy of her acknowledgement email and I asked her for an explanation as to why she was not truthful in the public meeting, as of this writing, she has not replied. [49]

Do you see the dilemma? It matters not, in what format or when I ask questions or request information, I typically do not receive a response. This has the effect of disenfranchising the citizens of Salt Lake City’s westside as their elected representative is consistently denied information about the finances of the District. This behavior on the part of the administration also serves to break down the local level of checks and balances.

Moreover, their actions and obstacles divest me of my role as an elected official to exercise my part of the procedural safeguards which are designed to protect the finances (taxes) of the District. The current state of affairs in the Salt Lake City School District is manifestation of what Deseret News columnist John Florez described:

In their orientation, new board members are told they are supposed to get along with their colleagues — the family — and remember they represent the corporate body, and cannot speak for the board.

The bureaucrats have created a maze of rules created to stifle any dissent that would disrupt the status quo…

Once elected to the board, many are co-opted and intimidated by the bureaucratic professionals who know best; they quickly comply with the myriad administrative rules created to protect the corporate body.

Many do not see or exercise their responsibility of overseeing their school district. In doing so, they compromise the taxpayers’ interest.

The result is an insulated school board that gives the appearance of leadership while succumbing to the seasoned administrators who make sure nothing happens…

School boards have mastered the art of ignoring even legislators. They are fastidious about following process and custom… [50]

PUBLIC RELATIONS
Unfortunately, Superintendent Cunningham has been indoctrinated in her predecessor’s methods; In our last Board meeting, she advised us of her desire to hire Love Communication ($43,000.00) to help “improve the District’s image”. [51] I am of the opinion that telling the truth is more cost effective. I objected to spending money in this fashion and advised the Superintendent as follows:

…What I said two years ago on a similar situation is instructive. In response to another instance where Heather Bennett and McKell Withers attempted to reduce viable solutions to public relations counter-offensives, I stated the following:

Board member Michael Clara also said he feels it’s not a good use of tax dollars. “We’re here to educate children, not worry about our image, and that could have been solved had they dealt with this honestly in the beginning,” Clara said.

He called it “devious” for the district to put out a request for proposals for $1 less than what’s required for full board approval. He said he wasn’t aware of the request until he heard about it unofficially, not from the district. [52]

Superintendent Cunningham stated that the District’s Public Information Officer does not have the time to manage public relations issues facing the District. Yet the administration has the time, energy and resource to monitor the activities of Board members. In the fall of 2014, I was made aware that the Superintendent’s Attorney had issued over a dozen GRAMA requests to other elected officials in an effort to track my activities. [53]  I submitted a GRAMA Request to ascertain why District resources were being utilized to monitor my activities. I obtained a copy of an email exchange between Jason Olsen (PIO), McKell Withers (Superintendent) and his personal attorney Kristina Kindl wherein my asking questions in a recent Board meeting was described as “repugnant” and a list of tactics to “control” me and silence my voice was outlined. The action list included the following:

  • Letter of Reprimand
  • Censure
  • Change board meeting procedures to limit his speaking time
  • Declaring any discussion as not on the agenda and out of order and stopping him immediately
  • Have him removed from the meeting
  • Public letter demanding an apology
  • Obtain letter of support from the board for superintendent and board administrator
  • Obtain letters of support from the schools for the superintendent
  • Obtain letters of support from the community for the superintendent  [54]

I also discovered an email where the Director of External Communications, Michael Williams and the Superintendent were discussing my church activities and ecclesiastical responsibilities: “…he is on the High Council…left of the Stake President 5 individuals down…” Withers replied “…it was my understanding that he was on the High Council somewhere, sounds like we know where now.” [55] This exchange is significant, in that it further illustrates how the resources of the District are used against me in my capacity as an elected official and not used to provide our children with the quality of education that they deserve.

TEXAS REGENT
A recent incident in Texas has several parallels with what is happening here in the Salt Lake City School District. Similar to Superintendent Cunningham, University of Texas System (UT) Chancellor McRaven has utilized several procedural methods to withhold information from UT Regent Wallace Hall. Late last year the Texas Attorney General determined the following:

Texas Attorney General Ken Paxton sharply rebuked the administration and board of regents of the University of Texas Tuesday, granting a sweeping ruling in favor of UT Regent Wallace Hall and stating that a recent board decision limiting regents’ access to records violates state law…

Paxton’s opinion is the latest development in an ongoing and increasingly entrenched fight between UT Chancellor William McRaven, his loyalists on the board and Hall, who has worked for years to uncover the role of political favoritism in the UT admissions process…Earlier this year… Hall won a simple two votes to get access to the records, board members who are devoted to keeping UT’s secrets secret decided the bar is too low for regents to review documents pertaining to the very institution they pledge to serve. So the board changed the rules to require that a majority of members support an individual regent’s request for internal documents if those documents cause UT’s chancellor or chairman “concerns”. On its face, the new rule is bizarre. What sort of Potemkin board would emerge if a regent couldn’t ask for material that concerns the administration. The scrutiny of board members should concern the administration. That’s what boards are for. Paxton saw this instantly.

“We believe this rule violates state law by imposing a substantive barrier to a regent’s right to access information he believes necessary to fulfill his regental duties,” Paxton wrote.

None of this is any surprise. Or it shouldn’t be. A long body of opinion from past attorneys general confirms this is the law.

“A member of a governing body has an inherent right of access to the records of that body when requested in the member’s official capacity,” states one well-established opinion. [56]

REMEDY
When a school administration is allowed to act in an unchecked and incoherent manner, it is the students from communities such as mine that suffer the most. I want the members of the Legislative Education Committees to be aware of the current state of chaos in Salt Lake City. The current school administration is accountable to no one on how they are expending funds designed to meet the educational needs of our most vulnerable students. I am asking members of the legislature to help me explore ways in which we can restore order to this chaos, so that the public education system in Salt Lake City can fulfill its purpose. In conclusion, I echo the insight of John Florez:

The Utah Legislature reaffirmed that local school board members have the obligation to speak out to ensure their constituents’ interests are represented. To do less abdicates their responsibility to their constituents who entrusted them with overseeing one of the most vital institutions of our society.  School boards should be more than showcases; rather, they should be public forums where education policymaking is vigorously debated and is transparent and accountable to the public.

Local boards now allow for everyone and no one to be responsible for the management of education and hide behind the regulations they have created to avoid responsibility. The passage of HB250 makes it clear each local school board member has the responsibility to assure our schools prepare our children to succeed in the ever-changing world they will face. [57] The new law also makes it clear local taxpayers must make sure their elected local board member’s loyalty is to them, not the bureaucracy. [58]



[1] Notwithstanding a local school board’s status as a body corporate, an elected member of a local school board serves and represents the residents of the local school board member’s district, and that service and representation may not be restricted or impaired by the local school board member’s membership on, or obligations to, the local school board. Utah Code § 53A-3-401(5)

[2] “Criminologists and politicians have taken to referring to gun violence as a “public health issue.” This is a roundly good thing, since studies suggest that when people are primed to thinking of violence as a disease rather than as a “monster,” they’re more likely to recommend trying to improve the economy or provide better health care than build bigger jails or put more cops on the street”. See Gun Violence Is Like an STI in the Way It Moves Between People by Drake Baer

[3] Michael Clára GRAMA request to Superintendent Cunningham – Gang Prevention Expenditures 08/25/16

[4] Kristina Kindl letter to Michael Clára – Request to Salt Lake City School District 09/02/16

[5] U. S. Department of Justice –Bureau of Justice Assistance –Office of Juvenile Justice and Delinquency Prevention

[6] Superintendent Cunningham Weekly Report – July 21, 2016

[7] Gang Prevention and Intervention 2016-2017 Proposal to the Sate Office of Education

[8] Ibid

[9] Diverting Gang Prevention- Intervention Funds?  – Michael Clára YouTube Channel   https://youtu.be/xrGQJeTGyh0

[10] Utah Code §63G-6a-802 Utah Procurement Code

[11] Utah Code §53A-3-303 Duties of Business Administrator

[12] American Sociology Review: The Corner and the Crew: The Influence of Geography and Social Networks on Gang Violence by Andrew V. Papachristosa

[13] Juvenile In Serious Condition After SLC Shooting – Salt Lake Tribune 08/23/16

[14] SLC Police: Two Teens Kidnapped, Tied Up with Weed Eater Wire –KUTV NEWS 08/24/16

[15] A recent study found that 70 percent of all nonfatal gunshot injuries happened within a network of people accounting for under 6 percent of the Chicago’s population from 2006 to 2012. See Social Science Medicine: Tragic, but not random: The social contagion of nonfatal gunshot injuries by Andrew V. Papachristosa, Christopher Wildeman, Elizabeth Roberto

[16] How the Block You Live on Affects Your Shot at Success by Drake Baer

[17] Utah Code§53A-15-603

[18] Salt Lake City Board of Education Meeting – Video 04/05/16

[19] Salt Lake City Board of Education Meeting – Video 05/17/16

[20] Salt Lake School District –Purchase Report 05/03/16

[21] Michael Clára email to Superintendent Cunningham – Board Budget Meetings  07/12/16

[22] GRANT APPLICATION: Gang Prevention and Intervention 2016-2017 Proposal to USOE

[23] Board Policy F-2

[24] Utah Code §63G-6A-802

[25] Notice of Proposed Sole Source Procurement – Request # 000958

[26] Utah Administrative Code  R477-9-3 Conflict of Interest

[27] Salt Lake City Board of Education Meeting – Video 08/02/16

[28] Dr. Cunningham Weekly Report to the Board

[29] Supra note 3

[31] Supra note 4

[32] Janet Roberts letter to Michael Clára responding to GRAMA Appeal 09/08/16

[33] Michael Clára GRAMA Notice of Appeal to Janet Roberts 09/12/16

[34] Janet Roberts letter to Michael Clára –GRAMA Appeal –DENIED 09/16/16

[35] Utah Const. art. XI §1

[36] Utah Const. art. X §3

[37] Utah Code §53A-1-401(1)

[38] Utah Code§53A-1-402(1)

[39] Utah Code §53A-3-402 [listing seventeen specific responsibilities of local boards];Nevertheless, there is a synthesis between the two Boards which comes from the Utah Legislature itself: “Basic responsibility for operation of the public school system of this state has been delegated by the Legislature primarily to local school boards, subject to general control and supervision by the State Board of Education.”

[40] Supra note 6

[41] Utah Code Ann. § 53A-16-104,

[42] Utah §53A-17a-135.

[43] Utah Code §53A-3-402

[44] Beard v. Board of Education, 16 P.2d 900 (Utah 1932)

[45] Ibid & Salt Lake City School District- Board Handbook & Board Policy B-1

[46] i.e. expenditures, organization chart, conflict of interests statements etc.

[47] Notice of Public Meeting – Salt Lake City Board of Education 09/06/16 – Agenda Item: D-1(b) B-2, School Board Meeting [Exhibit D1b]

[48] Utah Code §53-4-102

[49] Michael Clára email to Superintendent Cunningham – Integrity  08/02/16

[50] School Board Members Must Speak Up – John Florez, Deseret News 10/02/15

[51] Salt Lake City Board of Education Meeting – Video 09/06/16

[52] After Tossed Lunches, Utah District Eyes $49,999 PR Hire, Salt Lake Tribune 02/19/14

[53] Kristian Kindl GRAMA Request to multiple elected officials (i.e. Governor, Select members of the legislature, Salt Lake City Council etc.… 09/18/14

[54] Jason Olsen email to Withers, Kindl and Williams – Last Night’s Meeting 03/19/14

[55] Mike Williams and McKell Withers email exchange 03/25/13

[56] Attorney General: University of Texas Board Rules Violates State Law, Block Access to Information – Dallas Morning News 06/16/15

[57] Notwithstanding a local school board’s status as a body corporate, an elected member of a local school board serves and represents the residents of the local school board member’s district, and that service and representation may not be restricted or impaired by the local school board member’s membership on, or obligations to, the local school board. See HB 250 (2014) & Utah Code §53-3-401

[58] School Board Members Must Speak Up – John Florez, Deseret News 10/02/15



[1] Utah Administrative Code Rule R277-436 Gang Prevention and Intervention Programs in the Schools

Letter In Word Format

 

 

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Letter to State Education Superintendent #SaveHorizonte http://michaelclara.com/letter-to-state-education-superintendent-savehorizonte/ Thu, 29 Sep 2016 06:19:59 +0000 http://michaelclara.com/?p=3108 Continue reading ]]> NoCA

 

28 September 2016
DELIVERED VIA ELECTRONIC MAIL
Dr. Sydnee Dickson, Superintendent of Public Instruction
℅ Utah State Board of Education
250 East Cesar Chavez Blvd.
Salt Lake City, Utah 84111

Re: Horizonte Alternative High School, College Advisor

Dear Dr. Dickson,

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 am in the process of writing a discrimination complaint to the U.S. Department of Education Office for Civil Rights (OCR) on behalf of the residents of Salt Lake City, District 2.[1] This complaint is primarily against the Salt Lake City School District for discrimination based on the District’s practice of Resource Inequity. More specifically, I have reason to believe that the District is discriminating against students based on race, color and national origin by not giving them equal access and opportunity to postsecondary preparation and transitional programs of the District, which is a violation of Title VI of the Civil Rights Act. [2]

My purpose in writing this letter to you, is to ascertain if the Utah State Board of Education is complicit in this violation through the appropriations from the Adult Education State Legislative Funding Program. It appears that the District received 1.7 million dollars under this state grant for the 2016-17 school year; $25,000.00 of those dollars was allocated towards a College Advisor for Horizonte Alternative High School who worked with students in the high school and the adult programs. Over the past two years Horizonte has funded a College Advisor under contract for $48,000.00 a year, with the District making up the difference. I was recently notified that Superintendent Cunningham [3] eliminated this full-time position from Horizonte and is only permitting a part-time College Advisor to work in the school. Additionally, it appears that she has banned the College Advisor from working with adult students. Earlier this month, I asked Superintendent Cunningham for an explanation of her actions and she replied as follows:

“During last year’s budget cycle a new position was added to each high school to assist students with scholarships and the college application process.  This was essentially what Mr. Young was doing at Horizonte.  Mr. Young was told that he could apply this position but we could not support the new position and an outside contractor.  He did not apply for the new position and his contract was cancelled.” [4]

I later determined that Superintendent Cunningham’s response was not true. There were no new positions added to the High Schools. Moreover, there is no basis for her to state that “we could not support the new position and an outside contractor”.  The so called “new position” was something of her own making. The funding for the contracted position was approved by the Salt Lake City Board of Education at its August 2, 2016 meeting. [5]  This is the same position that the state is paying $25,000.00 of the contract through the Adult Education grant. The truth of the matter is, the Salt Lake City School District has a total of four high schools. Horizonte Alternative High School has the highest concentration of ethnic minority students, yet, it has the least postsecondary transitional programs and resources at its disposal. For instance, East High, Highland High and West High each have a full-time College Advisor and a part-time Scholarship Advisor. In my OCR complaint, I will go into a more exhaustive comparison of programs like GEAR UP, AVID etc. which are not offered at Horizonte. Superintendent Cunningham’s elimination of Horizonte’s full-time College Advisor has created an even greater disparity which is a violation of Board policy and state and Federal statutes.

On September 20, 2016 – Superintendent Cunningham and her attorney (Kristina Kindl) convened an illegal closed door meeting of the Board of Education, only to repeat the false narrative that Horizonte’s full-time College Advisor must be eliminated because of the so called “new positions” being added to the other High Schools.

On September 28, 2016– The Board received an email from Superintendent Cunningham advising us that there were indeed no new positions created for the other High Schools.[6]  Yet it does not appear that she is willing to reverse her decision to eliminate Horizonte’s full-time College Advisor. I have made a request to have this issue placed on the October 4, 2016, Board agenda so that this situation may be rectified. At this point, it appears that we have a local Superintendent who defying an official act of a local Board of Education. I am trying to ascertain what role the offices of the Sate Board of Education have in this act of insubordination, bigotry and racism.

 

Shalom,

 

J. Michael Clára
Board Member, District 2

cc: State Auditor Dougall
Senator Escamilla & Representative Romero & Representative Hollins
Horizonte High, School Improvement Council & Mr. Kimball Young, Horizonte College Advisor
Superintendent Cunningham, Salt Lake City School District
U.S. Department of Education Office for Civil Rights


[1] Utah Code §53A-3-401(5)

[2] Title VI of the Civil Rights Act of 1964: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

[3]  Newly appointed Superintendent of the Salt Lake City School District

[4] Dr. Cunningham email to Michael Clára – Salt Lake Education Foundation Audit 09/15/16

[5] Board Meeting Minutes 08/02/16

[6] Dr. Cunningham email to the Board of Education – Info 09/27/16

Letter PDF Format

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Letter to State Board of Education: Preserve CMAC! http://michaelclara.com/letter-to-state-board-of-education-preserve-cmac/ Thu, 03 Dec 2015 21:41:32 +0000 http://michaelclara.com/?p=2867 Continue reading ]]> equitybus

3 December 2015

DELIVERED VIA ELECTRONIC MAIL
The Honorable Leslie B. Castle
℅ Utah State Board of Education
2465 St. Mary’s Drive
Salt Lake City, UT 84108

Re: Coalition of Minorities Advisory Committee (CMAC)

 

Dear Board Member Castle,

I am writing to urge you to reject the current proposal [1] to dissolve CMAC. The demographic trends for our State cry out for an “advisory group to provide information and to consult with USBE regarding educational needs and services for culturally and linguistically diverse students of Utah, with the goal of promoting student achievement.” [2]

In reading the proposed resolution, it appears there is a philosophical shift to looking at students through the lens of ‘risk factors’ instead of ‘race’. [3]  This is troubling, in that the educational trend towards “colored blindness” has an insidious effect because it becomes difficult to counter traditional forms of research, statistics, and legal procedures. By insisting on rhetoric (i.e. resolutions) that minimizes or disallows reference to race, groups effected by racism cannot then name their reality without invoking denial and offense.

I would surmise, that members of CMAC would challenge our schools’ traditional claims towards objectivity, colorblindness, equal opportunity and race neutrality. In my observations, these claims are nothing more than camouflage for the self-interest, power, and privilege of the dominant group.

As you are aware, educational institutions operate in contradictory ways, with their potential to oppress and marginalize coexisting with their potential to emancipate and empower. We must however, recognize that multiple layers of oppression and discrimination will continue to be met with multiple forms of resistance. To that end, it is imperative that the Utah State Board of Education recognize that the experiential knowledge of those that serve on CMAC is legitimate, appropriate, and critical to understanding, analyzing, and teaching about racial subordination.

In fact, this collective knowledge must be viewed as a strength because it gives the Board the opportunity to draw explicitly on the lived experiences of “negative reference groups”. [4]

“It is especially important that we lift the curtain of ignorance and denial that has protected us from understanding our location on the broader stage of hierarchal social arrangements. We need to see how the lives of our students have been scripted by their membership in groups differing in degrees of social dominance and marginality”. [5]  This journey of understanding can only occur if the Board treasures and increases the influence of CMAC not “dissolve” it!

A decade ago, it was my honor to serve as the Chair of CMAC. Serving on that advisory committee was an incredible opportunity for me as many of the lessons learned during that period, guide my actions to this day. Many of the associations and friendships I formed at CMAC have only solidified over the years.

In closing, I share one such association. My first presentation to the Board took the form of a chastisement. Following my address, Board member John Pingree took me aside and impressed upon me the importance of striking a balance of velvet and steal when seeking social justice changes; he told me that no matter how right I am on an issue, my message will not only get lost, but will be dismissed if continue to use the tone and style that I had just exhibited. Some would argue that I did not take his advice to heart, yet I did. I was blessed with many such moments of mentoring from fellow CMAC members as well as those that served at USOE. I would encourage you to do all that you can to preserve the institution and influence of CMAC.

 

Shalom,

 

J. Michael Clára
Board Member, District 2

cc: Utah State Board of Education
Coalition of Minorities Advisory Committee (CMAC)
Educational Diversity: Utah Leadership Coalition
Salt Lake Chapter of the NAACP
Utah Coalition of La Raza
 



[1] USOBE Agenda 12/4/15- Tab 13 – “By this resolution, the Board of Education hereby dissolves the Coalition of Minorities Advisory Committee (“CMAC”)”.

[2] CMAC Mission Statement

[3] Ibid

[4] We Can’t Teach What We Don’t Know by Dr. Gary R. Howard

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ACTION ALERT! State Board of Education set to Dissolve CMAC http://michaelclara.com/action-alert-state-board-of-education-set-to-dissolve-cmac/ Thu, 03 Dec 2015 05:18:39 +0000 http://michaelclara.com/?p=2862 Continue reading ]]> CMAC at USOE

CMAC at USOE

As a former Chair of the Coalition of Minorities Advisory Committee (CMAC) – I am angered to learn that the USOE Board is poised to dissolve CMAC  at their at their December 4, 2015 meeting.

ACTION ALERT!
Contact your State Board of Education member and tell them to
VOTE NO
to dissolve CMAC.

Find your Board member here:
Link to State Board of Education: Contact Information

Here is the link to the agenda for the meeting on 12/04/15
USOE BOARD Agenda

Scroll down to:

13.  ACTION: Recommendations from the USBE Advisory Committee Review                       Tab 13

Task Force       12:00 p.m. to 12:20 p.m.

This is what you will find:

By this resolution, the Board of

Education hereby dissolves the

Coalition of Minorities Advisory

Committee (“CMAC”).

CMACDisolve

CONTACT YOUR STATE BOARD OF EDUCATION MEMBER TODAY!:

The Utah State Board of Education includes 15 elected, voting members and six appointed, non-voting members.

District 1: Terryl Warner

Terryl Warner 2
Terryl Warner is the director of victim services for the Cache County Attorney’s Office, a position she has held since 2004. Additionally, from 1996 to 2004, Warner served as the bilingual victim advocate for Cache County, where she assisted Spanish-speaking victims of crime.

Warner has a broad and varied community service background, having served on or chaired a number of boards — some with an education focus and others with a community focus.  She has been a PTA President, PTO President and on a local charter school’s Governing Board. Terryl’s children have attended both traditional and charter schools and have used electronic/online programs as well as homeschooling.

Warner received her Bachelor’s of Arts in Communications with a public relations emphasis from the Annenberg School of Communications at the University of Southern California. She is a diehard Trojan and loves USC football! She and her husband Alan live in Hyrum and are the parents of four children; her family is actively involved in the Utah Festival Opera, traveling, biking and participating in mud runs.

Contact information:
623 Anderson Avenue
Hyrum UT 84319
435.512.5241
Terryl.Warner6@gmail.com

________________________________________________________

 

District 2: Spencer F. Stokes

Spencer StokesSpencer F. Stokes graduated from Weber State University, majoring in Political Science and minoring in Communications.  Stokes served as a Weber County Commissioner from 1992–96. In 1996 he was appointed Executive Director of the Utah Republican Party.  Stokes is the President of Stokes Strategies, a political consulting and government relations firm. From January 2011 to January 2013 Stokes served as Senator Mike Lee’s first Chief of Staff in Washington D.C.

He and his wife, Mary, are the parents of three daughters and reside in Ogden.

Contact information:
4259 Skyline Drive
>Ogden, UT 84403
801.923.4908
utahboard2@gmail.com

________________________________________________________

District 3: Linda B. Hansen

Linda Hansen new
Linda Hansen has spent more than 25 years as an advocate for children in education. She and her husband, Ben, are the parents of six children and grandparents of three. Because their two youngest sons have autism, she has a special love for children with disabilities.

She has served on many boards, including the Utah PTA Board of Directors, Utah Developmental Disabilities Council, Instructional Materials Commission, and the Community Education Partnership of West Valley. She spent 4 years as a PTA Region Director overseeing Granite School District’s 90 PTAs.

She also loves gardening, reading and is an avid family historian

Contact information:
5149 Village Wood Drive
West Valley City, UT 84120
801.966.5492
linda.hansen@schools.utah.gov

 

District 4: David L. Thomas

Thomas-sizedforweb
David L. Thomas is the Chief Civil Deputy Summit County Attorney. Mr. Thomas previously worked as a judge advocate for the U.S. Army and as an assistant commonwealth attorney in Virginia.

Mr. Thomas previously served as a Utah senator, and was chairman of the Senate Education Standing Committee at the time. He is a graduate of Brigham Young University and the law school at the College of William and Mary.

He and his wife, Lynn, are the parents of three sons and one daughter and reside in South Weber City, where he serves on the city council.

Contact information:
7875 South 2250 East
South Weber, UT 84405
801-479-7479
dthomas@summitcounty.org

________________________________________________________

District 5: Laura Belnap

Laura Belnap
Laura Collier Belnap received her degrees from Utah State University and Western Governor’s University.  She taught school in Logan, Utah and Loveland, Colorado where she was part of the state’s math advisory committee and also established a school wide program for grouping students by ability, not age.

Laura helped establish online education in Davis district in 2002, working as the director of Utah Online Academies for three different school districts.  She is currently the director of Utah Online Schools, which serves over 1600 students with 50 teachers and staff.

She has served on several different nonprofit boards including athletic, technology, and the Utah State Charter Board. She received the Soccer Mom of the Nation Award in 2002. She received the “Innovation in Education Award” in 2012 at an international conference. She also received Utah Champions of School Choice Award for leadership and support for public schools in 2013.

Laura is active in legislative, community and religious causes. She graduated from Bountiful High school and married her high school sweetheart Dr. Eric D. Belnap. Laura is the proud mother of six children who were raised in Davis County and also has 3 beautiful grandchildren.

She was appointed to the State Charter School Board by Governor Herbert in 2010 and served as an appointed member of the state Board of Education in 2012-2013.

She was elected in 2014 to serve on the State Board of Education.

Contact information:
845 East 1500 South
Bountiful, UT 84010
801.699.7588
lbelnap@utahonline.org

District 6: Brittney Cummins

Brittney Cummins
Brittney Cummins graduated from Brigham Young University with a BS in Secondary Education: Biology. For the past several years she has been involved in education through her children and many volunteer opportunities. She is a member of the board of directors for a public charter school in West Valley City.

Brittney and her husband Gregg reside in West Valley City with their five children.  They love to get outside and play.

Contact information:
4601 Poseidon Drive
West Valley City, UT 84120
801.969.5712
b4cummins@gmail.com

District 7: Leslie B. Castle

LeslieCastle
Leslie Brooks Castle was elected to the State Board of Education in 2008 and is now serving in her second term. She presently serves on the Law and Legislation standing committee and the Utah Professional Practices Advisory Council ad hoc committee. She also serves as a State Board representative to the Board of Regents.

Ms. Castle is a lifelong resident of Salt Lake City. She graduated with a degree in nursing from Brigham Young University and a degree in anthropology from the University of Utah. She has worked for the past 35 years as nurse in clinical settings as well as a clinical faculty advisor for the University of Utah College of Nursing.

She and her husband, Cy, are the parents of three daughters.

Contact information:
2465 St. Mary’s Drive
Salt Lake City, UT 84108
801.581.9752
lesliebrookscastle@gmail.com

District 8: Jennifer A. Johnson

Jennifer Johnson
Jennifer A. Johnson is a Utah native, attending schools in Murray School District for her K–12 education. She graduated magna cum laude with a bachelor’s degree in computer science from Brigham Young University, and returned there for her MBA degree. She also studied Spanish during two summers at Middlebury College. She has worked as a computer programmer and an investment portfolio manager. In 2008, she founded her own investment management company and private investment fund, which she continues to manage.

She has served on committees and boards of The Road Home, Utah’s largest homeless shelter, and the CFA Society of Salt Lake, a local professional society. During her service with The CFA Society of Salt Lake, Ms. Johnson initiated the Utah Investment Research Challenge, which involves a competition between university students, faculty, and financial professionals in creating investment research on local public companies. The competition has enabled Utah students to compete on a global basis with the best finance students in the world, and the experience has deepened her belief in the benefits of student-led initiatives, real-life experiences for students, and industry mentors.

Ms. Johnson loves hiking, running, learning, and reading, and finds great joy in spending time with her family and friends.

Contact information:
802 Winchester Street, #100
Murray, UT 84107
801.742.1616
jj@jenniferajohnson.com

District 9: Joel Wright

Joel Wright
Joel Wright grew up in Logan and Provo attending Utah’s public schools.  He subsequently graduated from Brigham Young University and New York University, and is as an attorney at the law firm Kirton McConkie.  He and his wife, Marisa, are the parents of five young children, who attend district, charter and private schools.

Mr. Wright enjoys being active in his community, and previously served on his local City Council, the State Charter School Board and the Board of Regents.  He especially enjoyed serving on the Alpine School District Community Council, where he learned how federal and state requirements affect local education.

Mr. Wright enjoys the outdoors, and likes to take his family or scouts on adventures in the wilderness.

Contact information:
9102 Silver Lake Drive
Cedar Hills, UT 84062
801.426.2120
joel.wright.uted@gmail.com

District 10: David L. Crandall

DaveCrandall
Dave Crandall is a software engineer with a consulting firm in Sandy, and has worked in the software industry in Utah since 1993. He attended the University of Utah, where he earned B.S. and M.S. degrees in mechanical engineering.

Since 2005 he has served on the governing board of Summit Academy charter school, where he currently serves as board chair. He is active in his local community as a youth baseball and football coach.

He lives in Draper with his wife, Tracy, and their three children.

Contact information:
13464 Saddle Ridge Drive
Draper, UT 84020
801.232.0795
crandall@xmission.com

District 11: Jefferson Moss

Jeff Moss
Jefferson Moss is an investment specialist at Key Private Bank and has been involved in the investment industry since 2008. Prior to his work with Key Bank, he built several companies, including a web-based software company and a manufacturing company.

He received both a B.A. in political science and an MBA from Brigham Young University. He has served on the City Council and the Planning Commission for Saratoga Springs. Mr. Moss currently serves as the Chair of the Investment Committee for the Utah Valley University Foundation and is on the Board of the Hale Centre Theater.

Mr. Moss lives in Saratoga Springs with his wife and four children.

Contact information:
1668 Aspen Circle
Saratoga Springs, UT 84045
801.916.7386
jeffersonRmoss@gmail.com

District 12: Dixie Allen

dixie2
Dixie Allen spent 26 years working in public education as an elementary teacher, elementary principal, fifth-grade center principal, high school principal, student service director, and elementary director. She was selected as teacher of the year and principal of the year at both the elementary and secondary levels for her district.

She has served for eleven years on the State Board of Education, where she is currently the chair of the Curriculum, Standards and Student Success Committee. She has also served on the Grading Schools Committee, Teacher/Administrative Evaluations committee, been a presenter at the Dropout Prevention conference and sat on the Governor’s Blue Ribbon Committee for Assessment in 2006.

She has also served on the Utah College of Applied Technology Board, the Utah School Boards Association, and on three national study groups and two governor’s commissions.

As a State Board member, she has served on the Law and Policy and Curriculum committees.

She received her B.S. in elementary education from Utah State University and her master’s in educational administration from the University of Utah.

Dixie is married to Dr. James F. Allen, is the mother of four children (two of whom are currently teachers), and is a grandmother of 10.

Contact information:
218 West 5250 North
Vernal, UT 84078
435.789.0534
dixieleeallen@gmail.com

District 13: Stan Lockhart

Stan Lockhart has worked in the technology field for over 25 years in both computer security and semiconductor manufacturing. He is involved in Science, Technology, Engineering and Math (STEM) education, serving on the STEM Action Center Board and spearheading a $2.5 million STEM media campaign.

Stan sits on the Leonardo Museum Board of Directors and Thanksgiving Point Board of Advisors. He is also involved with Boy Scouts of America and the Utah Alliance of Boys & Girls Clubs. Stan served on the Utah Manufacturers Association Board of Directors, the Utah Technology Council Board of Trustees, the Utah Taxpayer Association Board of Directors, and the Utah State Council on Workforce Services. He is past President of the Utah Energy Users Association.

Stan received the “Ronald Reagan Award” for his service in the Republican Party, where he has served in many positions, including chairman of the Utah Republican Party. He recently concluded 16 years on the Utah Republican Party State Central Committee. He has served on the Provo City Council, including as its chairman, in addition to the Provo Planning Commission, Board of Adjustment and Provo Library Board.

Stan obtained degrees in business management and Spanish from BYU, where he met his wife, Becky Lockhart. Becky, now deceased, served as Utah’s first female Speaker of the House of Representatives. They have three children: Hannah, Emily and Stephen.

Contact information:
1413 South 1710 East
Provo, UT  84606
801.368.2166
stanlockhartutah@gmail.com

________________________________________________________

District 14: Mark Huntsman

Mark Huntsman

Mark Huntsman has lived for the past 34 years in Fillmore. He is employed as the senior vice president of operations at Sunrise Engineering, Inc., where he has also worked as regional manager and vice president. Mark currently serves as chairman of the Sunrise Engineering Board. In his 23 years there, the company has grown from 14 employees to being a regional multi-disciplinary firm with 180 employees and 13 offices in Wyoming, Arizona, and Utah.

Mark served from 2004-2012 on the Millard School District Board, including four years as vice president and eight on the Employee Negotiations Committee. He is also the team lead of eight Sunrise Reading Coaches for Fillmore Elementary School. Additionally, Mark volunteers as the State of Utah Ombudsman Director with the Director of Defense/ESGR and is the 1st Lieutenant and Special Deputy with the Millard County Sheriff’s Office Search and Rescue team.

Mark attended Southern Utah University between 1976 and 1979 and has been trained in U.S. DOT Regulation Compliance for Gas Pipeline Operations Course. He is involved with the Utah League of Cities and Towns, Midwest Energy Association, Intermountain Municipal Gas Association, and the Board of Directors for National Association of Gas Consumers.

Mark enjoys Scouting, ranching, teaching youths to ride horses and work cows, outdoor recreation (including boating, camping, fishing and hunting), and spending time with friends and family. He and his wife, Brenda Imlay Huntsman, have three children and seven grandchildren.

Contact information:
435 South 700 East
Fillmore, UT 84631
435.979.4301
mhuntsman@sunrise-eng.com

District 15: Barbara W. Corry

Barbara Corry
Barbara Corry was born and raised in Salt Lake City, graduating from West High School. She received a BA in English and psychology from Southern Utah University. Ms. Corry has been involved in education from the time her oldest child began kindergarten. She served on the Iron County School Board from 1991-2011.

Ms. Corry was elected to the Utah High School Activities Association Board of Directors representing Region 9. She was then elected to the Utah School Boards Association Board of Directors and served as president of that organization in 2010-11.

Ms. Corry has served in numerous leadership positions in the local and state PTA, including Iron County Council President and Utah State PTA Region Director. She has dedicated her life to the belief that every child deserves educational experiences that help, enrich, and transform his/her life.

Ms. Corry is the founder and former director (1990-95) of Cedar READ — the first adult literacy and ESL program in Iron County. Ms. Corry currently resides in Cedar City. She has been married for 44 years to Dr. Robert Corry, and has six children and 21 grandchildren.

Contact information:
1022 Cedar Knolls
Cedar City, UT 84720
435.586.3050
Barbara.corry@schools.utah.gov

 

 

 

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School Bus Safety Inspections: Letter to the Utah Highway Patrol http://michaelclara.com/school-bus-safety-inspections-letter-to-the-utah-highway-patrol/ Mon, 15 Sep 2014 17:21:17 +0000 http://michaelclara.com/?p=2239 Continue reading ]]> NO DEFROSTER

Disabled Defroster 

Text of Letter to Lt. Gillmore of the Utah Highway Patrol: 

15 September 2014

Delivered Via Electronic Mail
Lt. Greg Willmore, Utah Highway Patrol
Safety Inspections Division
5500 West Amelia Earhart Drive
Salt Lake City, Utah 84116

 

RE: School Bus Safety Inspections

 Dear Lt. Willmore,

I am writing this letter to alert you to a school bus, safety hazard, involving 18 buses. Based on a phone call I received from a bus driver and written confirmed from the Utah State Office of Education (USOE). I have reason to believe that the following school buses are in service, transporting students with defrosters that are inoperable:

School Bus Numbers

#120  #121  #122  #333

#334  #335  #336  #337

#338  #339  #340  #341

#342  #343  #344  #345

#346  #347

As you are aware, the current Vehicle Safety Inspection Manual for Buses states the following (Page 51):

F. WINDSHIELD DEFROSTER

1. Check the defroster for proper operation.

REJECT when:
1) Defroster fan fails to function as designed

On August 21, 2014, I sent a letter to Mr. Murrell Martin, Transportation Specialist for USOE. This letter was advising him of the Salt Lake City School District’s violation of R277-601-3 because they were operating buses in its fleet that did not meet Utah’s minimal standards for school bus design as set forth in the National School Transportation Specifications and Procedures manual.

In a reply email of that same day, Mr. Martin assured me that the Salt Lake City School District had repaired all the buses in their fleet that presented with the defect which allowed hot coolant fluid to spray all over students in the bus (KUTV News: First Grader Suffers Serious Burns).

On August 27, 2014, I received the results of a GRAMA request that I submitted to the school district. The paperwork I reviewed; revealed that Mr. Martin’s contention that all buses with the safety defect had been repaired, was erroneous.

On August 29, 2014, I wrote a letter to State School Superintendent Joel Coleman and Colonel Daniel Fuhr of the Utah Highway Patrol. In that letter, I requested that they have the 18 school buses in the Salt Lake City School District fleet, be placed out of service because they posed a safety hazard to students being transported in them.

On September 05, 2014, I presented the same information to the Utah State Board of Education (see attached video).

On September 8, 2014, I received an email from Mr. Martin of USOE. There are two statements in the email, that I bring to your attention and will explain their significance on the following page:

 “This evening I also had the opportunity to speak with UHP Lieutenant Greg Wilmore who is over the school bus inspection program. He indicated that he was present for the recent UHP inspections at Salt Lake City School District and that he felt your pupil transportation staff had addressed the safety concerns well.”

In that same email, Mr. Martin forwarded me a copy of the advisory that he just sent out to all of the transportation directors throughout the state of Utah:

“In reviewing what else might be done to prevent this type of incident, a recommendation of shutting the circulation through the cabin down during the hot summer months was suggested. This would not only reduce the wear on the hoses over the years, but would also prevent possible exposure during extreme heat conditions.”

On September 9, 2014, I received a phone call from a bus driver, informing me that he had to drive a bus during this last down pour without a functioning windshield defroster. He went on to explain that he felt it was reckless for the school district to require him to drive a bus in that condition because they had disabled the heating component of the windshield defroster.

On September 10, 2014, I replied to Mr. Martin’s email asking several questions, that as of this writing, he has yet to respond. One of my questions:

“I am a bit shocked that you would accept that “shutting the circulation through the cabin down” as an acceptable solution. Are you aware that the defroster in the school bus does not work when this shut down is in place? I had a bus driver call me and reported that during the recent down pour he could not see out the windshield because the defroster would was not working. He described how dangerous it was to drive a bus in that condition on the road and through school parking lots. This is yet another example of my level of frustration with this entire situation. Aren’t we just trading one safety problem for another? Who then is responsible when that bus driver runs over a child because the mechanics shut down the defroster? Shouldn’t all school buses have a working defroster year around?”

In the absence of a response from Mr. Martin, I am now submitting this letter for your review, requesting that you determine how the buses cited on the first page of this letter, passed a safety inspection if the defrosters were not in working order?

Or, are we to conclude that they were operational at the time of the safety inspection and the school district personnel disabled them after the UHP Trooper conducted the safety inspection?

I question the wisdom of the USOE Transportation Specialist advising transportation directors throughout the state to disable the defrosters in order to “reduce wear and tear on the hoses”. This is a direct contraction to the standards set forth by your department’s vehicle inspection manual!

The forecast for Salt Lake City is calling for rain later this week. I would ask that your department confirm that the buses mentioned on the front page of this letter have a properly working defroster.

I recognize that if the defrosters are turned on for these 18 buses and the safety recall repairs have not yet been completed, we will expose the students being transported in those buses to the potential hazard of being sprayed with hot pressurized radiator fluid.

It is for that reason that I renew my request to the UHP;  Place all school buses out of service, that have not been repaired according to the remedies set forth in safety recall notice 14V-313 issued on June 11, 2014 by the NHTSA. I believe that the current Vehicle Safety Inspection Manual for Buses, (see page 69), gives you the authority to place these buses out of service:  

2. Check Step well, floors and panels

a. REJECT when: …inner panels…have…openings sufficient to cause a hazard to an occupant

As you are aware, the current standards of the National School Transportation Specifications and Procedures, adopted by the State of Utah read as follows:

Heater lines on the interior of the bus SHALL be shielded
to prevent scalding of the driver or passengers

I would argue that if there is an opening in the shielding panels over the hose that runs the length of the passenger compartment, then these buses should not pass the safety inspection and should be placed out of service as the: “inner panels have openings sufficient to cause a hazard to an occupant” . This hazard was visited upon two of the students in the Salt Lake City School District on June 3, 2014 (See UHP report R10307658).

Your immediate attention to this matter would be greatly appreciated as I believe the safety of our students is at risk if we leave this situation in its current state of muddled contradictions and chaos.

Shalom,

J. Michael Clára
Board Member, District 2  

cc: Senator Luz Robles, District 1
Mr. Joel Coleman, State Superintendent of Public Instruction
Colonel Daniel Fuhr, Superintendent of Utah Highway Patrol
Mr. Richard Willard, U.S. Department of Transportation

PDF Version of Letter

 

 

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Unsafe School Buses: Complaint Letter to USOE (with response) http://michaelclara.com/unsafe-school-buses-complaint-letter-to-usoe-with-response/ Sat, 23 Aug 2014 02:35:30 +0000 http://michaelclara.com/?p=2152 Continue reading ]]> schoolbusdiagram

 

21 August 2014

Delivered Via Electronic Mail

Mr. Murrell Martin, Transportation Specialist
Utah State Office of Education
250 East Cesar Chavez Boulevard
Salt Lake City, UT 84111-3204

 

Re: Violation of R277-601-3

 

Dear Mr. Martin,

On behalf of the residents of Salt Lake City, who elected me to represent them on the Board of Education, I am submitting this complaint for your review.

I have reason to believe that the Salt Lake City School District-Transportation Department, under the direction of Superintendent McKell Withers is in violation Rule R277-601, which, as you are aware is titled: Standards for Utah School Buses and Operations.

On June 2, 2014, two students in the Salt Lake School District were riding Bus #199. They were severely burned when hot pressurized coolant from a ruptured heater sprayed on them.

Rule R277-601-3A states:

“The local board and school district personnel shall act consistent with the manual entitled STANDARDS FOR UTAH SCHOOL BUSES AND OPERATIONS, 2010

Page 9 of that document states that Utah has adopted the 2005 National School Transportation Specifications & Procedures (also see Utah R909-3-2 Adoption Standards for Utah School Buses and Operations Standards 2010 Edition).

Page 33 of the 2005 Standards state the following:

Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or any sharp edges and shall not interfere with or restrict the operation of any engine function. Heater hoses shall conform to SAE J20c, Coolant System Hoses. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.

Based on my reading on my reading of Utah Highway Patrol Incident Report: R10307658, the school district did not ensure that the heater hose was:

“adequately supported to guard against excessive wear due to vibration..”

The standard also states the following:

“Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers…”

When it states “shall”, I detect no ambiguity in the standard, yet students from my neighborhood were scalded with hot pressurized coolant because the hose was not properly “shielded”.

In my capacity of as a member of the Salt City Board of Education, I have corresponded with the Superintendent over the past three months asking that all buses in the school district’s fleet be inspected to ensure that they meet the statutory standard as stated above. To date he has dismissed my request and refuses to give me the assurance that these types of inspections have been carried out.

To that end, I recently filed complaints with the U.S. Department of National Highway Traffic Safety Administration (see complaint # 10621988) and the Utah Department of Transportation, Division of Motor Carriers.

I believe that your office along with the Utah Highway Patrol have the Statutory Authority to compel the school district to comply to the standards as set out in Utah statues. See Title 41 of the Utah Code (Department of Transportation):

§41-6-115, states “…The Department of Transportation by and with the advice of the State Board of Education and the Department of Public Safety shall adopt and enforce regulations not inconsistent with this chapter to govern the design and operation of all school buses when owned and operated by any school district…”

Left to his own devices Superintendent McKell Withers of the Salt Lake City School District appears to have no desire to ensure the safety of our students. I prevail on the authority of your office to compel the district to comport itself with Utah Law in this matter and to advise the Board of Education and the public of its progress and compliance in this matter. It is imperative that we assure the parents in my school district that their children are traveling in school buses that are in compliance with Utah Law. Thank you so much for your assistance in this matter.

Shalom,

J. Michael Clára
Board Member, District 2

CC: Lt. G. Willmore, Utah Highway Patrol

Enclosures

PDF Version of Letter

 

THIS IS THE EMAIL RESPONSE I RECEIVED FROM USOE:

Dear Board Member Clara,

Thank you for your phone call yesterday, and for giving me the opportunity to review the Standards for Utah School Buses and Operations as they relate to heater hoses in all Utah school buses.  Concerning the incident that took place in the Salt Lake City School District back in June of this year, I have reviewed the Utah Highway Patrol report of the incident, and have also reviewed the details of the incident with Salt Lake City School District School Bus Shop Supervisor Ken Martinez.

I am providing a copy to others who have been included in the emails so they will be up to date on how I am proposing we go forward from my perspectives at the Utah State Office of Education.

With the information available to me, it is my opinion that Salt Lake City School District pupil transportation staff were operating in good faith with the information available to them prior to June 2, 2014, when the heater hose ruptured in such a manner as to direct hot fluid through a 1/16 inch gap between the hose shielding and the interior side wall of the bus.

In perspective, I believe the pupil transportation staff at Salt Lake City School District had every reason to believe that the heater hose shielding on their buses met the requirements of Standards for Utah School Buses and Operations, namely “Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.”

I am not aware of any other cases in Utah where heater hoses have ruptured in such a manner as to direct hot fluid through gaps between the hose shielding and the interior side walls of a bus in a way that scalded passengers.

In my opinion, with this case, it is appropriate for Salt Lake City School District to take additional precautions above and beyond what our Standards for Utah School Buses and Operations currently identify.

In reviewing the additional precautions Salt Lake City School District has taken to prevent such future incidents, I have been informed that they have done the following:

  1. Made sure all their buses, that had recall notices related to heater hoses, were addressed by the bus manufacturer representatives.
  2. Carefully inspected all their buses and applied sealant to gaps between the shielding and the interior walls to prevent the possibility of a hot stream of fluid from being directed through the gaps.
  3. Installed caps to any service openings where a hot fluid might be directed into the interior area of the buses.
  4. Started a program of shutting down bus interior fluid circulation during times when the heaters are not in use.

I am sure the Salt Lake City School District Pupil Transportation Department will also make sure their drivers are aware of these additional precautions and will review the importance of reporting any identified interior leaks immediately, and quickly accessing if there is a need to move or evacuate their passengers in the event of a fluid leak.

Even though in a larger perspective of the nearly 500,000 school buses in operation in the United States, there appears to be a low incident rate of rupturing heater hoses with a potential of scalding passengers, any such case is a tragedy that needs to be evaluated to determine how to prevent it from happening in the future.  Please express our concern to the students involved, and their families, and please express that on a state level we will do the following:

  1. We are in the process of making all other school districts and school busing entities in Utah aware of the incident and the extra precautions taken by Salt Lake City School District to prevent this type of incident in the future.
  2. In preparation for our next review of Standards for Utah School Buses and Operations (that will start in the near future), we will ask the Bus Body and Chassis Writing Committee to address this issue and identify how our standards may address prevention in the future.
  3. As our Bus Body and Chassis Writing Committee completes their work, we will forward a recommendation for consideration by the National Congress on School Transportation (NCST), set to meet in May of 2015.  This will first go to the NCST Bus Body and Chassis Writing Committee for their review.

As difficult as this process has been for all involved, we appreciate knowing that Salt Lake City School District has processed through it, and has put progressive things in place in an effort to prevent this type of incident in the future.

Sincerely,

Murrell Martin – Pupil Transportation Specialist
Utah State Office of Education
250 East 500 South
P.O. Box 144200
Salt Lake City, Utah 84114-4200

PDF Version of Email With Michael Clara’s Response

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