15 October 2013 <\/b><\/p>\n

DELIVERED VIA ELECTRONIC MAIL
\n<\/b>Kristi Swett, President
\nSalt Lake City School District, Board
\n2256 South King Street
\nSalt Lake City, UT 84109<\/span>\u00a0<\/b><\/p>\n

 <\/p>\n

Re<\/b>: Breach of Contract<\/span><\/p>\n

\u00a0Dear President Swett,<\/p>\n

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<\/span>. I was only made aware this past Saturday that the evaluation would take place this afternoon.<\/p>\n

Moreover, the superintendent is in breach of his contract<\/b>, as it clearly states the following:<\/p>\n

“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 31^{st<\/sup>.”<\/i><\/p>\n}

I also dispute your assertion that this was \u201ccommunicated to the board\u201d<\/i> at our October 1^{st<\/sup> meeting. I found no record or mention of such communication in the public meeting. I do not recall it having been \u2018communicated\u2019<\/i> in our closed door meeting. I have consulted my notes for the meeting and have no notation of the superintendent\u2019s evaluation being announced.<\/p>\n}

Furthermore, in order to meet the requirement of the contract and hold an evaluation on October 15^{th<\/sup>, the superintendent would have had to notify the board prior to September 15, 2013<\/b>.<\/p>\n}

I have reviewed the superintendent\u2019s weekly memos to the board, emails, text messages, phone messages, letters, twitter, Facebook etc\u2026I 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.<\/p>\n

As you are aware, Utah Code 53A-3-301,<\/b> 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

I again repeat, this practice is contrary to the board of education handbook:<\/p>\n

\u201cThe statement or action of an individual member or group of members<\/b> 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\u201d <\/i>(Board of Education Handbook p. 7 \u2013updated 12\/05\/12)<\/p>\n

In conclusion, I would ask that you and the vice president more fully exercise your board leadership responsibility:<\/p>\n

\u201cKeep the board appropriately informed of issues or data that would help members perform their duties\u201d<\/i> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Board of Education Handbook p. 7 \u2013updated 12\/05\/12)<\/p>\n

In other words, it is not enough that you and select board members were aware that the superintendent\u2019s evaluation was going to take place this afternoon. The entire board, which includes me, should have been appropriately notified.<\/p>\n

In not sharing this information with me, you have robbed my community of their voice in today\u2019s proceedings. I request that you seriously consider postponing the superintendent\u2019s evaluation, so that those of us on the board that were not informed of its occurrence, can have time to prepare.<\/p>\n

Shalom,<\/p>\n

 <\/p>\n

J. Michael Cl\u00e1ra
\nBoard Member, District 2<\/b><\/p>\n

Enclosures:<\/b> Swett email exchange<\/span><\/p>\n