Utah to file suit over Jordan's closed meetings

Published: Saturday, Jan. 6 2007 12:37 a.m. MST

The Utah Attorney General's Office says it plans to file suit against the Jordan School District as part of an effort to determine if school officials illegally closed meetings. The district also has twice refused to let the attorney general's investigators review minutes or tapes of the meetings to determine whether there were any violations of the Utah Open and Public Meetings Act.

The civil lawsuit is to be filed in 3rd District Court early next week.

"This is not something we should have to litigate," Attorney General Mark Shurtleff said Friday. "It's sad and ridiculous."

A statement released Friday by Jordan District leaders defended their actions as consistent with the law.

"Our attorney has subsequently reviewed the relevant recordings and concurs that the meeting content was fully compliant with closed meeting provisions.... (O)ur attorney has advised us that under the Utah Open Meetings Act closed-meeting records are 'protected' and the Attorney General's Office is not designated as a recipient of protected records under that act," the statement says.

Shurtleff, clearly, disagrees.

"Our job is to enforce the Open Meetings Act, and all we require is a little cooperation from public bodies to accomplish this," Shurtleff said. "Unfortunately, Jordan District and the state will now expend precious resources going to court when those resources could be spent on educating and protecting our children."

Shurtleff said his agency is legally required to check into any allegations of open meetings violations, whether or not they have merit. But since his investigators have been rebuffed twice, the only option left is going to court.

He finds the situation ironic, especially since the Attorney General's Office often represents Jordan District in court.

"They could share the information with us," Shurtleff said. "Maybe they're right — maybe they met one of the exceptions (in the Open Meetings Act). We could have done that without having to go to court."

Sheila Page, an assistant attorney general who is handling the case, said there are several outcomes if the Attorney General's Office wins.

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