Some see conflict in Alpine charter school -

Residents opposed: State and local officials would be part of the approval, building and running of the school

By Mark Eddington
The Salt Lake Tribune

Salt Lake TribuneALPINE - Think fighting city hall is tough? Try duking it out with city and state lawmakers.
   Some Alpine residents insist that's the task they face to stop a charter school from coming to their neighborhood. If approved, Mountainville Academy would bring 675 students to about seven acres at 365 E. 100 South.
   Martin Southwick, whose son was hit by a car 2 1/2 years ago on 100 South, says academy traffic would further endanger children. He says stopping the school won't be easy because of conflict-of-interest issues.
   "It kind of stinks," said Southwick, one of dozens opposed to the academy. "It feels like there is some sort of back-room dealing to get this installed."
   The problem is, he and others say, Councilman Thomas Whitchurch's wife, Rebecca, is chief executive officer of the charter's board. Mayor Hunt Willoughby's wife, Aniva, also is involved.
   What's more, Rep. Mike Morley, R-Spanish Fork, is the contractor and Rep. Jim Ferrin, R-Orem, is the financier. Both are vocal champions of charter schools in the Utah Legislature and partners with former GOP state lawmaker Glenn Way, also of Spanish Fork, in U.S. Charter Development.
   "I don't think they should profit from legislation they helped pass," said Southwick, who feels the same way about Thomas Whitchurch having a vote on the issue.
   Whitchurch, however, notes state law allows charter schools in all zones. He said Alpine cannot stop a charter from coming but can decide only if the developer has filed an appropriate site plan. He insists he is entitled to vote on the site plan because he and his wife won't make money from the decision.
   City law, which is more restrictive than state law, bars council members from voting when they stand to "realize substantial financial gain." The only gain he and his wife would get, he said, is greater choice for their children's education.
   Still, he likely won't vote when the issue comes before the council due to opponents' conflict-of-interest concerns. And Willoughby, who votes only to break ties, does not think Whitchurch should recuse himself.
   "When you have a conflict of interest," the mayor said, "you declare it. You're not hiding your bias; you're putting it out front."
   The mayor's wife is a Mountainville founding parent who is poised to put in 1,000 volunteer hours there should they decide to enroll their son there.
   Alpine City Attorney David Church said opponents are mad at the wrong people.
   "They ought to be mad at the state Legislature," he said. "There are a couple of state legislators who make a living in the charter-school industry" and have taken away city officials' ability to plan and zone their community. "They basically have allowed charter schools to plan the community."
   U.S. Charter Development has constructed four charter schools thus far and has another four in the works. Rep. Morley says the company is paying to build Mountainville and stands to lose a lot of money if the school is not successful.
   "The investors are the ones who take all the risk and stand to lose that investment," Morley said.
    Ferrin says he has helped enact laws to make it easier to build charters but insists there's no conflict because the legislation made it easier for everyone, not just him.
   "Most of the people who complain about me [building] charter schools are people opposed to charter schools in the first place," Ferrin said.
   Alpine resident Susan Smith disagrees.
   "What we object to is sleazy state legislators who fill the public trough with their votes and then feed from it in their professions," she said. "This is a textbook example of why we need a two-party system in Utah. Republicans have become too powerful and too arrogant. We need some checks and balances."
   Southwick's neighbor, Kelley Somer, prefers to pass on politics. Safety is her concern.
   "There will be a huge influx of traffic, and this town and the streets can't manage it," she said. "Our children walk to school."
   Mountainville, which is scheduled to open this fall, will educate kindergartners through eighth-graders. Board member Linda Seeley said the curriculum will focus on academics, with an emphasis on math and language arts. She said enrollment is almost full.
   "The majority of grades have a waiting list," she said.
   Charter schools are alternative, taxpayer-funded public schools that depend on public money - the $2,280 the state allots for each student - to pay their bills. Private firms typically line up investors to pay for construction. Once the schools open, administrators tap diverted taxpayer money to make lease payments on the buildings.
   meddington@sltrib.com