Latest news with #UtahCode
Yahoo
21-05-2025
- General
- Yahoo
Audit: Utah state school board falling short of compliance oversight duties on building inspection projects
The Utah State Board of Education is not directly responsible for ensuring building code compliance at the state's K-12 public schools — that's the job of the local districts. But the board is tasked with verifying compliance with inspection requirements and enforcing preconstruction requirements — which they are not consistently doing. That was the conclusion of an audit performed by the Office of the Legislative Auditor General. The findings were shared Tuesday with the Legislative Audit Subcommittee. 'The impact of insufficient inspections and untrained building officials can materialize as a risk to school property and the life and safety of school building occupants,' the audit report stated. Independent, certified building inspectors utilized by the Office of the Legislative Auditor General reported finding compliance problems with recent construction problems, 'which should generally not occur if local education agencies (LEAs) comply with building code requirements,' according to the report. The audit noted that local agencies are required to complete USBE's preconstruction checklist and enforcement mechanisms before construction begins. But USBE has reportedly never used them. The general lack of board enforcement of preconstruction requirements appears to have contributed to persistent noncompliance among the state's LEAs, the audit report noted. 'However, some LEAs have reported that USBE is not timely in processing their submissions, and both contractors and LEAs have reported that USBE has not generally enforced compliance. 'USBE's lack of timely processing of required permit submittals likely impacts its ability to enforce deadlines when the state board itself is not keeping up. Because of this situation, LEAs often proceed with construction before complying with rules.' The state school board's responsibility to verify that school building inspections occur 'stems from the importance of assuring the life and safety of school building occupants,' the report added. 'Qualified inspections verify compliance with the state-adopted building codes, which exist to establish minimum standards for the protection of property and the safety of building occupants.' The audit went on to explain that the board is the authorizer of permanent occupancy of a school building. Utah Code requires that the state superintendent shall either issue a certificate of occupancy or deliver a letter to the local districts indicating deficiencies in building code compliance or inspection, which must be addressed. 'However, the current process reportedly does not yield any information which would allow the state board to identify; it is essentially a rubber stamp.' The state board's school construction specialist reported to the Office of the Legislative Auditor General that he lacks the tools to adequately enforce compliance. 'The current process involves receiving inspection summary documents via email and manually placing them into project folders, and a tracking database is inconsistently updated,' the audit reported. 'USBE's document management system is ill equipped to efficiently manage the volume of monthly inspection reports and does not facilitate enforcement of noncompliance.' The independent building inspectors utilized by the Office of the Legislative Auditor General recommended the creation of an online document management system to maintain all the state-required documentation — a recommendation echoed by local and state officials. Auditors concluded that 'years of neglect' suggests that oversight of local district school construction and inspection is not a priority for the board: 'USBE's primary focus is not construction; while the state board employs one person with construction expertise to oversee this process, one position is reportedly insufficient to fulfill state requirements.' The construction projects reviewed by the Office of the Legislative Auditor General generally met the intent of providing safe, functional school buildings. 'However, our independent, certified building inspectors found compliance problems with recent construction projects, which should generally not occur if LEAs comply with building code requirements,' the audit report noted. 'Inexperienced and unqualified building officials likely contributed to noncompliance. However, USBE's lack of verification and enforcement of inspection requirements may have contributed to the noncompliance found.' The building inspectors contracted by the Office of the Legislative Auditor General identified problems with code compliance at a selection of local school buildings. The most significant discoveries, according to building inspectors, are firewall compliance flaws. 'Multiple schools did not build required firewalls in compliance with code,' according to the report. 'Firewalls are highly regulated because if a firewall fails, fires can spread more rapidly, increasing risk to property and building occupants.' In their Tuesday report presentation, auditors noted there are other methods generally in place to protect against fire. The audit also listed several state-level oversight deficiencies and needs identified by the independent inspectors which likely contributed to the LEA noncompliance outlined in the building code review, including: USBE has not outlined clear expectations for what should be included in required plan reviews, what inspections are required, how often inspections should occur, and how they should be reported for verification. There is insufficient training for those responsible for ensuring compliance with building codes. USBE needs a better document management system, which facilitates verification of compliance. USBE's reporting and verification process needs improvements. Hiring contractors to build Utah's public schools, according to the Office of the Legislative Auditor General, must be done through a competitive bid. The office found that one unidentified school district's procurement practice was 'uncommon' when compared with a sample of 13 other districts in the state. 'Although we did not establish undue bias nor illegal procurement methods, the district's practices exhibit the appearance of impropriety,' the report noted. 'The school district should conduct procurement of construction services in a competitive manner, avoiding the appearance of impropriety.' This district in question had contracted exclusively with a single general contractor on 18 school construction projects since 2014, according to the report. For the 18 projects, only two bid solicitations were reportedly issued. The 2013 solicitation resulted in a $135.5 million contract, under which 14 construction projects were completed over a period of nine years. The 2023 solicitation was reportedly issued for four construction projects with a budgeted cost of about $126 million, which have yet to be completed. 'The general contractor that the district has almost exclusively used since at least 2014 appears to often offer services to the district for a much lower price than other bidders. However, the school district only retains recent bid documentation, making it difficult to entirely validate this claim,' the audit noted. The Office of the Legislative Auditor General made several recommendations to improve compliance oversight on Utah's K-12 public school construction projects, including: The USBE should develop sufficient internal controls to functionally verify and enforce compliance with its pre-construction and inspection verification requirements. The USBE should develop or procure an online document management system, or portal, to maintain all the state required construction and inspection documentation to enable verification of compliance with statute and Administrative Rule. The USBE should provide training for local education agencies so that they understand their responsibilities and are aware of the state board's code compliance requirements. The USBE should implement a standardized cost reporting system, require construction managers at local education agencies to report all associated construction project costs according to standard criteria, and make it available to relevant state agency and local education agency officials. The Utah State Board of Education should communicate expectations for required plan reviews, types of inspections, the frequency of inspections, and reporting requirements for functional verification. The Legislature should consider prioritizing an audit of local education agency practices for procurement of construction and related services. In response to Tuesday's report, State Superintendent of Public Instruction Sydnee Dickson wrote in a letter that the audit report will be referred to board leadership 'for consideration of involvement of the full board and next steps that will be taken to address the risks identified in the audit.' The letter added board leadership discussion of the report will happen no later than Aug. 31. During Tuesday's Legislative Audit Subcommittee meeting, Sen. Luz Escamilla, D-Salt Lake City, called the prevalence of local district building officials working in Utah schools without proper certification 'very problematic.' She asked the audit team if there were consequences for not following adequate building inspection rules. The auditors were not aware of any code-prescribed consequences. House Speaker Mike Schultz, R-Hooper, acknowledged the state school board having statutory-required compliance oversight over the construction of new schools — so criticism is valid if that's not happening. 'But I do question,' he said, 'whether or not USBE should have oversight.' Public school buildings are typically being constructed with local money, not state funds. Plus, Schultz added, members of the state school board are not construction experts. It's the board's job to educate kids. There's no shortage of independent building inspectors for hire. 'I do think that is the way to make sure that the building codes are followed. I think that's what needs to happen and should be happening,' he said. USBE Deputy Superintendent of Operations Scott Jones told the subcommittee Tuesday that he appreciates the collaboration with the auditors, adding that his office had requested the audit years ago. 'It's taken some time, and I think the time is well worth it, because we are at a decisive point in the future of oversight of school construction,' said Jones. Jones noted the logistical and staffing challenges that the USBE faces while working with the many LEAs during the oversight compliance process of each building. He added his office is agreeable to collaborating with lawmakers to optimize public education in Utah.
Yahoo
17-03-2025
- Politics
- Yahoo
Signature gathering underway in push to overturn ban on collective bargaining for public employees
Members of the UA Local 140 Plumbers, Pipefitters, HVAC&R union march in the St. Patrick's Day parade in Salt Lake City on Saturday, March 15, 2025. (Photo by Spenser Heaps for Utah News Dispatch) A coalition of union advocates is off and running in a 30-day sprint to collect enough signatures to place a referendum on Utah ballots over controversial legislation restricting collective bargaining for public sector employees including teachers and first responders. Signature gathering began Saturday as the Protect Utah Workers coalition launched efforts 'from Logan to St. George,' according to a news release. That included downtown Salt Lake City, at the annual St. Patrick's Day parade that also serves as a celebration of private sector labor unions. As the parade reached the end of its route at Olympic Legacy Plaza in the Gateway Mall, clipboard-carrying volunteers darted between the crowd lining the road and mingling in front of the stage, talking over the parade announcers as they looked for spectators interested in signing the petition. Quick to sign was Mark Ciullo, of Sandy, who had watched in alarm as HB267 narrowly passed the legislature and was signed by Gov. Spencer Cox last month. The bill spurred protests, thousands of messages urging lawmakers to vote against it, and calls for the governor to veto it. In the name of saving taxpayer dollars, HB267 prohibits unions representing government employees — teachers, police officers, firefighters, municipal workers and others — from engaging in collective bargaining with their employers — who are also government employees — to negotiate pay and working conditions. Ciullo had followed news of the referendum push, eager to sign the petition and hoping to bring volunteers to his neighborhood to seek signatures. While he hadn't known there would be canvassers at the parade, he was quick to take the chance to put his name down as his children enjoyed the face painting booth, then waved his wife over to do the same. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'I had actually looked online and things beforehand to see, like, where I could go to actually sign it, because I totally feel like our government is not listening to the people, and they need to listen to the people. We need to stop this nonsense,' Ciullo said. 'I know it's also really hard to actually get this referendum done and get this on the ballot. And so, yeah, sign me up.' Per Utah Code, once the first signature is collected, organizers have 30 days to gather signatures from 8% of the state's total active voters, and in 15 of Utah's 29 Senate districts. If they succeed, HB267 will be placed on voters' ballots, where they could vote to overturn it. The coalition is shooting to gather about 200,000 signatures, which is above the minimum threshold, but leaves room for error if some of the signatures are deemed invalid by the lieutenant governor's office. Organizers plan on submitting the signature packets by April 16. By late June, the coalition says it will know whether the effort was successful. Ciullo is a product manager for a health care company, and his wife is a physician. While they aren't directly impacted by the bill, Ciullo emphasized the importance he places on supporting the state's public servants. 'It's amazing to me that we want to claim that we care about our teachers and firefighters, and then we do something like this that's completely against what I believe is good for them, with their bargaining rights and everything else, I just don't get it,' Ciullo said. The bill takes effect July 1. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
11-03-2025
- Politics
- Yahoo
Coalition gets green light to start gathering signatures in effort to overturn union bill
Hundreds of teachers gather at the Utah State Capitol to protest a bill that strips public unions of their ability to collectively bargain on Friday, Feb. 7, 2025. (Kyle Dunphey/Utah News Dispatch) An effort to overturn a controversial bill that strips Utah's public unions of the right to collectively bargain got the initial green light on Monday. According to the Utah Lt. Governor's Office, a coalition of union advocates called Protect Utah Workers finalized their documents Monday morning, the first step in putting together a referendum on HB267, which was signed by Utah Gov. Spencer Cox in February. On March 15, the coalition will begin the daunting task of collecting enough signatures to meet the threshold for a referendum, where voters can choose whether to overturn the law during a general election. Per Utah Code, once the first signature is collected, organizers have 30 days to gather signatures from 8% of the state's total active voters, and in 15 of Utah's 29 Senate districts. Massive crowd descends on Utah Capitol calling for governor to veto union bill The coalition is shooting to gather about 200,000 signatures, which is above the minimum threshold, but leaves room for error if some of the signatures are deemed invalid by the lieutenant governor's office. They plan on submitting the signature packets by April 16. By late June, the coalition says it will know whether the effort was successful. Collecting 200,000 signatures by April 16 averages out to more than 6,000 signatures each day, a monumental task. But on Monday, members of the coalition said they already have 1,200 volunteers ready to get to work, the latest example of the large-scale opposition to HB267, arguably the most controversial bill to pass this legislative session. If they are successful, the coalition says a question asking whether HB267 should be overturned will appear on the November ballot. The Utah Education Association, which represents about 18,000 teachers in the state and was one of the most vocal opponents to the bill, says the effort is a result of lawmakers not listening to constituents. 'Our legislators and the governor did not listen to the huge public outcry against HB267 and we believe that we the people should be able to weigh in and have our voice heard,' said Renee Pinkney, president of the association, last week. The bill restricts public unions, which represent teachers, police officers, firefighters, municipal workers and other public employees, from negotiating terms of employment. For instance, a teachers union would no longer be able to negotiate with a school district. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Legislative leaders were behind the bill — which prohibits collective bargaining for public employees including teachers, firefighters, police officers, municipal workers and others — despite it receiving broad bipartisan pushback, narrowly clearing the Senate with a 16-13 vote on final approval. Even Utah Gov. Spencer Cox said he didn't like the bill, despite signing it late on Valentines Day. 'Didn't love the bill, thought we had a compromise, thought that was done, and then it fell apart at the last minute,' Cox told Utah News Dispatch on Friday. 'Just because I don't love a bill doesn't mean I veto it. I'm going to sign 100 bills that I don't love.' And although he voted and advocated for the bill, Senate President Stuart Adams, R-Layton, welcomed the challenge. 'They're pushing back on us. That's part of the process,' Adams said. 'We welcome that, even though we may not like it, we actually welcome it as part of the process. We'll see how successful it is.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
14-02-2025
- Politics
- Yahoo
Utah State Bar claims 5 proposed judiciary reform bills may be ‘unconstitutional'
SALT LAKE CITY () — The Utah State Bar has openly come out against several bills that are moving through Utah's Capitol Hill that, if passed, would impact the role of the judiciary branch. The Bar said the five bills – , , , , and – may be unconstitutional because they remove powers from the judicial branch and undermine the separation of powers. All but one bill is sponsored by (R-Pleasant Grove). The remaining bill is sponsored by Rep. Jason Kyle (R-Huntsville). A group of 32 lawyers penned a letter to Senate and House leadership expressing concerns alongside the bar and urging lawmakers to assess the long-term implications of the forms. 'Notably, these bills will accelerate the erosion of public confidence in our judicial system and threaten the right of access to the courts of individuals and associations, including many business associations critical to the economic health of the state,' the lawyers wrote. The Utah State Bar said it has met with several legislators to express their concerns. These lawmakers have reportedly expressed a willingness to hear from lawyers and work with the Bar to find a resolution of the concerns. The Utah State Bar said this bill restricts the current standards for individuals and associations to file legal action on behalf of injured parties. It also gives new powers to the Utah Attorney General's Office to file civil actions of 'significant public importance' without qualifications for standing. Sen. Brammer, the bill's sponsor, said S.B. 203 would protect the integrity of the courts and help them from becoming a 'forum de jour' for out-of-state interests. It would also maintain access to the justice system for individuals with grievances. The State Bar, however, argues the bill attempts to change long-standing common law principles of standing. Local defense attorney Greg Skordas that the bill is 'an attempt by the legislature to make it harder for groups to challenge the constitutionality of laws they pass.' According to the Utah State Bar, S.B. 204 would create a right of 'suspensive appeal' for government defendants when a plaintiff challenging the constitutionality of a state law has been granted an injunction. The suspensive appeal would effectively remove the injunction at the request of the defendant. 'Defendants would be able to appeal a preliminary injunction straight to the Supreme Court and the law would not be enjoined during the pendency of the appeal,' The State Bar said. 'This adds new procedure to legal standards to the existing rule governing injunctions in the Utah Code. Additionally, it appears to usurp judicial authority by placing the status of the injunction in the hands of the defendant.' Sen. Brammer saying it simply seeks to ensure that legal tools are used in a way that respects all three branches of the government while also addressing concerns about the overuse of injunctions by courts to block laws passed by the legislature and signed by the governor. 'I believe this will help protect the integrity of the process of upholding the rule of law in Utah,' said Brammer. The Utah State Bar said this resolution and bill work together to grant legislative auditors the authority to require the production of privileged information or information prepared in anticipation of litigation from individuals or entities subject to an audit by the legislative auditor. 'This legislation attempts to govern the practice of law by altering the nature of the attorney-client privilege and the ability for a government client to rely on the confidentiality of the communications with their counsel,' the State Bar argued. Neither the bill nor resolution have been heard on the Senate floor as of Friday, Feb. 14. The final bill the Utah State Bar has raised concerns over is H.B. 154, which would to retain a judge in judicial retention elections from 50% to 67%. The Utah State Bar said this increase would be the highest in the nation, making it difficult to attract and retain qualified judges. 'This will allow outside and special interests to campaign against judges when they only have to convince one-third of the populace to vote against a judge,' said the Bar. 'No need to change what is a very successful and nationally recognized judicial retention process.' Some Senate leaders previously expressed some doubt about the bill, which was proposed by Rep. Kyle. Sen. Kirk Cullimore (R-Draper) he was aware of other states that have higher thresholds than Utah but was not sure the proposal passed constitutional muster based on retention elections. 'I guess it's not totally off the wall, I just haven't heard about it or thought about it in the context of Utah law or the Utah Constitution,' said Cullimore. The list of bills seeking to make adjustments to the judicial branch comes at a time when Utah's legislative and judicial branches have been at odds. In the summer of 2024, Utah's Supreme Court handed a blow to Utah's legislature, ruling that they when they gutted a citizen-led initiative to create an independent redistricting commission to draw new Congressional boundaries. Utah's highest court said the move may have violated Utahn's right to 'alter and reform' their government but the case is still moving through the lower courts. House and Senate leaders both called the Supreme Court's decision 'one of the worst rulings' they have ever seen and promised judicial reforms. The Utah legislature was dealt another blow when Utah Supreme Court justices from the 2024 November ballot. The Supreme Court argued that the legislature failed to meet a constitutionally required publication requirement, which was another decision that frustrated legislative leaders. Lindsay Aerts contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
