By Mike Bengert |

After investigating an Open Meeting Law (OML) complaint against the Scottsdale Unified School District (SUSD), the Maricopa County Attorney’s Office (MCAO) determined that Dr. Menzel and the SUSD Governing Board once again violated the rights of SUSD parents and the public. They were denied the opportunity to attend Phase II Design Team meetings and hear deliberations as the team developed recommendations on school closures and boundary changes for the Governing Board.

SUSD parents should be outraged that the Governing Board and Dr. Menzel denied them rights guaranteed by law while considering such impactful decision as closing schools.

And by “Governing Board,” I mean Members Pittinsky, Sharkey, and Lewis. All three are union-backed Menzel supporters who consistently vote for his proposals, excuse the failures and consequences of his policies, and reward him with contract extensions and pay raises.

A.R.S. § 38-431.01(A), commonly known as the Open Meeting Law, states:

“A. All meetings of any public body shall be public meetings and all persons so desiring shall be allowed to attend and listen to the deliberations and proceedings.”

In its September 16 letter to the District, the MCAO stated:

“SUSD has already been warned by the Arizona Attorney General’s Office that 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.”

Despite the Attorney General’s warning two years earlier, Dr. Menzel and the Governing Board disregarded it and again violated the public’s rights.

Any legal violation by SUSD is serious, but this one is especially egregious because it concerns perhaps the most consequential decision of Menzel’s tenure: school closures.

At the September 22 public hearing, parents described the profound effects the closures would have on their children and families.

Yet SUSD denied them the legal right to attend the meetings, hear the deliberations, and participate in the process. Had parents been allowed to attend, they could have raised questions and concerns for the board to address as the work proceeded.

The MCAO also stated in its letter:

“It is also advisable that the Governing Board acknowledge this investigation at the next public meeting and take steps to assure the constituents of SUSD that the intent of forming the Phase II Team was not to bar the public from the policy creating process.”

At what was the next meeting, held September 22, I was the only person to mention the OML violation. When I used that phrase, Dr. Lewis immediately interrupted and asked SUSD’s general counsel to stop the discussion, which she did. You can hear the exchange right here.

I understand why the Governing Board might hesitate to admit what it had done or try to assure parents that it never intended to exclude them and deny their rights.

At a December 2025 board meeting, the Board openly discussed how complying with the law, (i.e. posting an agenda in advance, keeping minutes, allowing public attendance, and enabling people to hear deliberations) would slow down the process, even if it was an acceptable alternative. Listen to the discussion here.

SUSD deserves a Governing Board that respects parents’ rights and will not sacrifice them for “flexibility and expediency” merely to allow the superintendent to be more “nimble.”

SUSD deserves a Governing Board that does not view a committee meeting behind closed doors as “much more interactive” than an open meeting where anyone who wishes to attend and listen to the deliberations can do so.

SUSD deserves a Governing Board that sees legal compliance not as a problem to solve, but as an opportunity to demonstrate they truly believe in the values of integrity, honesty, transparency, accountability, openness, and authenticity that SUSD espouses.

This is the kind of Governing Board SUSD parents should demand.

Unless the Governing Board fully understands and addresses the causes of SUSD’s declining enrollment and evaluates every viable option, it is unlikely to solve the problem. Closing schools under an ill-conceived plan, railroaded through behind closed doors, that fails to assess the full financial impact of the plan is irresponsible and will merely carry the district’s financial problems into the next budget cycle.

Parents, even if your child does not attend a school affected by this pending decision, do not assume you have nothing to fear. Menzel and his supporters on current and previous Governing Boards have repeatedly shown little regard for your rights. Without meaningful consequences, they will continue to ignore adverse legal findings and warnings and violate parents’ rights with impunity.

This Governing Board has failed the SUSD parents, and they must be held accountable.

Parents, will your school be next and your rights denied?

Attend the October 6 board meeting, voice your outrage, and urge the Governing Board to halt the school-closure process. Demand that it start over with a comprehensive plan that considers every option to deal with the declining enrollment.

Mike Bengert is a husband, father, grandfather, and Scottsdale resident advocating for quality education in SUSD for over 30 years.