POINT OF ODER: School Board Meeting

In the January 08, 2013 I raised a point of order because the agenda stated that the newly elected Board members represented PRECINCTS. The text of the entire letter is at the bottom of this post.

Here is the agenda:

Board Agenda 01/08/2013



Here is the first page of the letter: Point of Order Letter 01/08/2013

In the January 22, 2013 meeting the board President handed out this bullet point memo, the notes in the margin are mine: Board President’s Response to my 01-08-2013 Point of Order Letter

A few days later I created this twelve page document that responds to the erroneous conclusions of the board president: My response to the board President’s memo


8 January 2013


Kristi Swett, President

Salt Lake City Board of Education

440 East 100 South

Salt Lake City, Utah 84111

Re: Point of Order

Dear President Swett,

I am ‘raising a question of order’ because I believe that the Salt Lake City Board of Education Agenda dated January 8, 2013 is out of compliance with current state Law. I ask that you consider my “Point of Order” and rule that the wording of the agenda be changed appropriately.

Item #2 on the agenda states: “Judge Andrew Valdez, Third District Juvenile Court will administer the Oath of Office to, Tiffany Sandberg, Precinct 1; Michael Clara, Precinct 2; Heather Bennett, Precinct 5; and Kristi Swett, Precinct 7. (Term of office January 2013 – December 2016)”

I was elected to represent DISTRICT 2 (see attached map) not just Precinct 2.

Voting Precinct 2 is one of 11 voting precincts in my ‘school board district’.


20A-5-303.   Establishing, dividing, abolishing, and changing voting precincts — Common polling places — Combined voting precincts.

(1)     (a) After receiving recommendations from the county clerk, the county legislative body may establish, divide, abolish, and change voting precincts.

(2)      (a) The county legislative body shall alter or divide voting precincts so that each voting precinct contains not more than 1,250 active voters.

20A-14-201.   Boards of education — School board districts — Creation — Reapportionment.

     (1) (a) The county legislative body, for local school districts whose boundaries encompass more than a single municipality, and the municipal legislative body, for school districts contained completely within a municipality, shall divide the local school district into local school board districts as required under Subsection 20A-14-202(1)(a).

As you are aware, this discrepancy caused much confusion among voters during this past election cycle.

  • I brought this issue to the attention of board vice president Bennett and Dr. Wither’s at the October 2, 2012 Board of Education meeting.
  • It was discussed with Dr. Wither’s at a November 12, 2012 meeting at his office.
  • It was discussed yet again in a December 7, 2012 meeting in Dr. Wither’s office with you, Vice president Heather Bennett, Business Administrator Janet Roberts, and Dr. Withers.
  • It was also the subject of an email I sent to you and the board vice president on December 8, 2012 and a letter I sent the two of you on December 10, 2012.
  • In an email sent to me from vice president, Bennett under your name, dated December 31, 2012, this issue is acknowledged in your statement to me: “You have clearly communicated your dissatisfaction with [Salt Lake County Clerk] Sherrie Swensen”.

Therefore, I am a bit surprised, perplexed, and disappointed that the school district insists on perpetuating misinformation and confusion on the election of its Board of Education.

I personally believe that as a board we have a civic mission to our schools and community at large.

I believe there is an obligation of schools to educate young Americans about their rights and responsibilities as citizens and to reaffirm the Founders’ commitment to making education in democracy a central part of the mission of public education—equal to workplace preparation.

How can we fulfill that mission if as a Board and a District we do not comport ourselves to State election laws in reference to the office of the Board of Education members?

In conclusion, I request that along with your ruling on this parliamentary motion; this letter be considered as part of the record and therefore included in the minutes of this meeting.



J. Michael Clára

Board Member, District 2

cc: Open Letter

Enclosures: Salt Lake School District 2 Map & SLC Voting Precinct Map 2


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