From Deseret News archives:

Judge mulls open-meeting suit

Published: Tuesday, March 6, 2007 12:05 a.m. MST
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A judge in Farmington's 2nd District Court is expected to make a final decision today on whether the Davis School District violated open meetings law last year in closing Boundary Advisory Committee meetings.

Last November a group of around 30 Davis parents sued the school district claiming leaders violated open meeting laws while an advisory committee, charged with researching and proposing a new boundary plan for the school board, met behind closed doors.

A temporary restraining order was issued against the district on the basis that the Boundary Advisory Committee's closed meetings violated the Utah Open and Public Meetings Act.

Davis leaders contend they could close the meetings because the committee was not a public body and did not have decision-making authority.

The law states that a public body is anyone "vested with authority to make decisions regarding public business." The committee had only advisory authority, they couldn't make any decisions, said Chris Williams, district spokesman.

Under the injunction Davis leaders could not touch or access any of the research performed by the boundary committee so they opted to hire a boundary consultant, who then started from scratch.

By the end of January the new proposal was presented, accepted and voted on favorably by the Davis Board of Education.

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So aside from the issue of whether they were, or weren't, in compliance, Davis leaders say the ruling is a moot point since regardless of if the injunction is lifted or made permanent, the boundaries are already decided.

But Randall Edwards, attorney for the Davis parents, said the ruling will set precedence for future school board procedures when boundary realignment issues surface again.

"This board not going to be in place forever — I suspect there will be a board in the near future that will want to open things up to the public, and they won't be as foolish or condescending as the current board," Edwards said.


E-mail: terickson@desnews.com

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