After the Ogden, Jordan and Davis School Districts have conducted important business behind closed doors in violation of the law, I was surprised that the Attorney General did not file any charges against the Jordan School District last week when he announced that they had violated the Utah Open Public Meeting Act (UOPMA). Each one of these boards would expel a student for violating the law but they seem to believe they are immune from being accountable for their own actions.
Consider the following history of violations.
Winter 2006
The Ogden School Board split its body into halves and conducted two closed meetings of four members each. In doing so, the school board conducted the people's business behind closed doors, which violated the spirit and letter of the law. (see Deseret News Feb. 10, 2006)
Summer 2006
A report from the legislative auditor general in the summer found that some school boards close meetings frequently and inappropriately. (see Deseret News Jan. 1, 2007).
Fall 2006
Parents file a lawsuit against the Davis School District over violations of the UOPMA and were granted an immediate Temporary Restraining Order against the District. The district then chose to go into delay mode trying to make the lawsuit irrelevant by delaying it well past the date the boundaries were decided. (see Deseret News Dec. 10, 2006).
Winter 2007
The Attorney General is compelled to file a lawsuit against the Jordan School District for failure to turn over the audio recordings of a closed meeting. In February, after reviewing the tapes, the AG announces that the Jordan School District violated the UOPMA, but didn’t file any charges. (see Deseret News Feb. 23, 2007)
On Monday March 5th
Judge Allphin will hear arguments from the
Davis School District that they should get a pass for their violations. And why does the district think they should get a pass? Because everyone is doing it. Hopefully the Judge will realize that their argument is exactly why they should not get a pass. After the Attorney General failed to remind our school districts that the laws and the penalties apply to them, maybe Judge Allphin can teach them this important lesson.
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