Letter to AG: Open and Public Meeting Act Violation (Letter)

NO Horizonte College Advisor


30 September 2016

The Honorable Sean Reyes
Utah Attorney General
Utah State Capitol Complex
350 North State Street, Suite 230
Salt Lake City, Utah 84114

           Re: Superintendent Cunningham’s & Board President Heather Bennett’s
                                         Violation of Utah Open & Public Meetings Act


Dear Mr. Reyes,

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 this complaint on behalf of the residents of Salt Lake City, District 2. [1] I have reason to believe that the Salt Lake City Board of Education on the advice of Superintendent Cunningham violated certain provisions of Utah Open & Public Meetings Act. [2] Furthermore, The ACT states that your office has the authority to enforce its provisions. [3]

On September 20, 2016 – The Board of Education held a regularly scheduled meeting that was properly noted and convened at 6:00 p.m. at the Salt Lake City School District, Board of Education office located at 440 East 100 South in Salt Lake City, Utah. [4] The presiding officer declared that the Board was convened to hold a closed door meeting, there was a patron that was asked to leave prior to the doors being closed. The Superintendent’s attorney, Kristina Kindl stated the purpose of the closed door meeting:

“discussion of the character, professional competence, or physical or mental health of an individual…” [5]
At the commencement of the meeting, Superintendent Cunningham had her attorney explain to the Board why Business Administrator, Janet Roberts terminated a contract for Graduate Advisory Services at Horizonte Alternative High School. [6]  The reason given was no different from what the Superintendent had advised me via email earlier in the week:

“…a new position was added to each high school to assist students with scholarships and the college application process…we cannot support the new position and an outside contractor.” [7]

[1] Utah Code §53A-3-401(5)

[2] Utah Code §§ 52-4-101 et seq

[3] Utah Code §§ 52-4-303

[4] Salt Lake City Board of Education Agenda 09/20/16

[5] Utah Code §§ 52-4-205

[6] Contract # JB1544-GA Graduate Advisory Services Between Salt Lake City School District and Kimball Young 09/01/14

[7] Superintendent Cunningham email to Michael Clára – Salt Lake Education Foundation Audit 09/15/16


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