This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Legislature's education budget committee violated the Open and Public Meetings Act when it made certain recommendations about school funding this week, the state school board alleged in a letter Friday to legislative leaders.
But it's a claim lawmakers squarely rebut.
The letter, written by State Superintendent Larry Shumway, on behalf of the state school board, alleges that the Public Education Appropriations Subcommittee broke the law by voting on a number of recommended changes to education funding laws Wednesday night. The meeting's agenda did not include enough specific information to satisfy the requirements of the open meetings law, Shumway wrote. Those items were referred to as "other business" on the meeting agenda.
In the letter, Shumway asks legislative leadership to set aside the committee's recommendations and decisions in light of the alleged violation.
Shumway wrote the actions of the committee "disregarded fundamental principles of open government."
For example, the committee voted that night to recommend gradually shifting part of the cost of charter schools away from the state and onto school districts. It also voted to recommend significant changes to funding for an elementary school arts program.
During the meeting, freshman Sen. Aaron Osmond, R-South Jordan, said he was "taken back" by part of the process, saying: "I had no opportunity to review any of the language in advance. Many of the items were philosophical conversations that really deserved much more conversation. We had no chance to hear from any of our organizations that are affected by this intent language like the State Board of Education, and frankly it was very uncomfortable."
But committee Senate Chairman Howard Stephenson, R-Draper, said Friday, when contacted about the allegation, that the panel used the same process it has in previous years and did not violate the open meetings law.
"I think Superintendent Shumway is playing to the crowd knowing that the Legislature, when somebody charges ethics, is always at a disadvantage in the court of public opinion and knowing that he is unfairly using this claim even though he knows very well this is the same process that has been used for decades and is currently being used by other committees this session."
Senate President Michael Waddoups, to whom the letter was addressed, along with House Speaker Rebecca Lockhart, also defended the committee's actions, saying it did not violate the Open and Public Meetings Act.
"We wrote that law," Waddoups said, noting the committee's actions were nothing more than recommendations. "It's not like we don't know it and have legal counsel to advise us on it."
He called the school board's request that the recommendations be set aside "totally out of line."
"I think what they're doing is making an argument that they are against what the committee did and because they disagree with it and the results of what came out of there, they're looking to change it without getting the committee itself to do it," Waddoups said.