PARK CITY — Representatives from a Park City charter school filed an ethics complaint Thursday against a legislator who they say used his state position to inappropriately push state entities to close the school.
Weilenmann School of Discovery opened its doors for the first time Wednesday, welcoming 550 children and, to the school board's chagrin, a disgruntled member of the House of Representatives. In response to calls from several concerned citizens, Rep. Larry Wiley, D-West Valley City, decided to drive to Summit County to determine whether the school, which is still under construction, was safe for children.
During his visit to the school, Wiley said he noticed children playing outside next to dump trucks. Several of the school's exits were blocked by construction debris. At least one smoke detector was not in working order.
School administrators said they've obtained the approval of local safety inspectors and a "temporary certificate of occupancy." Wiley, who spent 27 years as a building inspector, still has doubts.
After he looked over the building, Wiley relayed his concerns to the State Office of Education and the commissioner of public safety. Both entities came to Weilenmann School of Discovery Thursday to inspect the premises. Both entities determined the school was fit for use.
By compelling the State Office of Education and the Utah Department of Public Safety to further investigate the situation, Dallis Nordstrom, the Weilenmann board member who filed the ethics complaint, said Wiley exercised "undue influence" on other government entities, which defied the Legislative Code of Conduct. Wiley "demanded that State Board of Education employees leave meetings and head to WSD to inspect our facility right now," she wrote.
In the complaint, Nordstrom further indicated her concern that Wiley's "threatening" behavior toward school administration was an inappropriate use of his power as a legislator. Wiley represents residents of West Valley City, South Salt Lake and Sugar House — not Park City.
"You can't just throw your legislative business card around threatening people who aren't even in your district," said Nordstrom, who is a lawyer.
The job of a legislator is to "make laws," not, she said, to police the State Office of Education and the Utah Department of Public Safety.
"There are other people whose job it is to determine if a building is safe," she said. "He is not one of them."
Kim Frank, interim director of the Utah Association of Public Charter Schools, said she believed Wiley's behavior was a result of his documented distaste for the charter school movement.
"This is an abuse of authority," she said. "There is no reason that school needed to be checked over three times."
Wiley said he "welcomes" the ethics complaint.
His concern about Weilenmann, he said, has nothing to do with the fact that it's a charter school.
"My number one concern about this issue is the safety of the kids," he said. "You can't mix schoolchildren and construction workers."
Wiley denied coercing State Office of Education and Department of Public Safety employees.
"In the conversations I had with both agencies, there were no requests for inspections," he said. "I merely conveyed my concerns and asked for copies of the school's inspection reports."
Wiley said he believes all citizens — not just legislators — should use their resources to better their communities. Though he does not represent Park City, because of his background as a building inspector, Wiley said he was likely the best legislator to address resident's concerns.
"Yeah, I represent constituents in Sugar House, South Salt Lake and West Valley City, but I also represent this state," he said. "If there's a problem somewhere outside of my district, I try to help them out as best I can."
When a complaint is filed against a legislator, it is reviewed by an Ethics Commission made up of three retired judges and two former lawmakers in a closed meeting. If four out of five people conclude that the complaint has merit, it will be referred to the House Ethics Committee. Based on their review, a punishment, ranging from "no action" to expulsion, will be determined.
e-mail: estuart@desnews.com