Superintendent: Breach of Contract (Letter)

BCN

 

TEXT OF LETTER:

15 October 2013

DELIVERED VIA ELECTRONIC MAIL
Kristi Swett, President
Salt Lake City School District, Board
2256 South King Street
Salt Lake City, UT 84109 

 

Re: Breach of Contract

 Dear President Swett,

This letter is to inform you that I will be voting against going into closed session this afternoon for the purposes of evaluating the superintendent. I was only made aware this past Saturday that the evaluation would take place this afternoon.

Moreover, the superintendent is in breach of his contract, as it clearly states the following:

“Annually, at least 30 days prior to the time for his evaluation, SUPERINTENDENT shall advise the BOARD of its obligation to evaluate him no later than October 31st.”

I also dispute your assertion that this was “communicated to the board” at our October 1st meeting. I found no record or mention of such communication in the public meeting. I do not recall it having been ‘communicated’ in our closed door meeting. I have consulted my notes for the meeting and have no notation of the superintendent’s evaluation being announced.

Furthermore, in order to meet the requirement of the contract and hold an evaluation on October 15th, the superintendent would have had to notify the board prior to September 15, 2013.

I have reviewed the superintendent’s weekly memos to the board, emails, text messages, phone messages, letters, twitter, Facebook etc…I even looked at the school board annual schedule that was handed out at the July 2013, school board retreat. I can find no record of the superintendent notifying the school board about a scheduled evaluation as outlined in his contract.

As you are aware, Utah Code 53A-3-301, gives the school board the authority to appoint a superintendent for a term of two years. Clearly, the reappointment of the current superintendent will hinge in large part on his evaluation.

As a duly elected member of the board, I cannot adequately contribute to the evaluation of the superintendent with only a three day notice. You also have refused to answer my question as to what is the process to conduct the evaluation.

I object to the fact that such a weighty matter will be conducted without the required contractual notification. I also object to the fact that no guidelines are given to me as a new board member, as to the process of the evaluation.

This is yet another occurrence of an issue that was decided by a select few members of the board or information that was shared with a subgroup of the board.

I again repeat, this practice is contrary to the board of education handbook:

“The statement or action of an individual member or group of members of the Board of Education does not bind the Board of Education itself, except when that statement or action is specifically authorized by an official act of the board” (Board of Education Handbook p. 7 –updated 12/05/12)

In conclusion, I would ask that you and the vice president more fully exercise your board leadership responsibility:

“Keep the board appropriately informed of issues or data that would help members perform their duties”                (Board of Education Handbook p. 7 –updated 12/05/12)

In other words, it is not enough that you and select board members were aware that the superintendent’s evaluation was going to take place this afternoon. The entire board, which includes me, should have been appropriately notified.

In not sharing this information with me, you have robbed my community of their voice in today’s proceedings. I request that you seriously consider postponing the superintendent’s evaluation, so that those of us on the board that were not informed of its occurrence, can have time to prepare.

Shalom,

 

J. Michael Clára
Board Member, District 2

Enclosures: Swett email exchange

cc: Please include this letter and attached email as part of the record of today’s School Board meeting. I also request that you make the superintendent’s contract part of the public record for today’s meeting.  
PDF Version of Letter
PDF of Email Exchange
 
 

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