By Staff Reporter |
Scottsdale Unified School District (SUSD) is once again facing another Open Meeting Law complaint over a non-public advisory committee.
The complaint, filed last month with the Arizona Attorney General’s Office, claims that SUSD Superintendent Scott Menzel has again violated Open Meeting Law during his phased approach to closing schools.
The Scottsdale resident who filed the complaint told AZ Free News that he felt compelled to look into SUSD’s process for school closures in response to the community shock over the governing board’s decision to close Pima Elementary School and Echo Canyon School last December.
The closures brought $2.5 million in savings to the district. SUSD began looking into the closing and consolidating of schools, among other solutions, to address an $8 million budget deficit driven by declining enrollment.
This latest complaint claims that SUSD’s non-public Phase II Design Advisory Team was formed at the direction of the board and therefore required to be open to the public. Superintendent Menzel encouraged the governing board to authorize the design advisory team during a regular governing board meeting last November.
The next month, during the same meeting to close the Pima and Echo Canyon schools, the governing board discussed the design advisory team’s formation. In that meeting, Menzel and SUSD governing board president Donna Lewis strategized on ways for the board to direct the design advisory team’s formation but style it as a superintendent’s committee. The board indicated that it wanted Menzel to move forward with the team, but didn’t take a vote to create the team.
The design advisory team operates under the classification of a Superintendent Advisory Committee, which is exempt from Open Meeting Law requirements. The newly filed complaint alleges that the governing board’s involvement in the creation of the Phase II Design Advisory Team makes that classification untrue.
The Phase II Design Advisory Team is charged with crafting recommendations on schools to the board, including further closures or consolidations.
The resident behind the complaint told AZ Free News that he filed against the district after SUSD personnel denied him entry to one of the design advisory team’s meetings in person.
SUSD told AZ Free News that it hasn’t received notification of this complaint.
SUSD got into trouble last year for similar non-public advisory committees.
Last summer, Attorney General Kris Mayes found SUSD had violated Open Meeting Law for using advisory committees in a manner similar to the alleged violation outlined in the complaint.
“The Open Meeting Law does not permit a governing board to evade the public meeting requirements by ‘informally’ forming or establishing, or by directing a superintendent to establish, a committee to perform work that would otherwise need to be conducted in public,” stated Mayes. “[W]e caution against an overly narrow reading of the law focused exclusively on the circumstances of a committee’s creation.”
The Phase II Design Advisory Team has held five meetings since it began in March. The team consists of two facilitators, Karen Benson and Quintin Boyce, and 45 members.
28 parents or guardians on the team represent current students at 11 schools: Anasazi Elementary School, Cheyenne Traditional School, Copper Ridge School, Desert Canyon Elementary School, Desert Canyon Middle School, Desert Canyon Mountain High School, Redfield Elementary School, Laguna Elementary School, Saguaro Middle School, Mountainside Middle School, and Mohave Middle School.
Other team members include eight SUSD staff members, six homeowners in the community, one community organization member, and one university partner.
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