30 September 2016

DELIVERED VIA USPS PRIORITY MAIL
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]