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Orem City Center is shown on Wednesday, April 13, 2022.

Harrison Epstein, Daily Herald file photo

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LEFT: A flier indicating the official position of Orem's three PTA councils regarding Proposition 2. RIGHT: A campaign sign promoting a yes vote for Proposition 2, a ballot measure asking residents whether Orem should separate from Alpine School District.

Courtesy Bunny Schmidt

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Orem Mayor Dave Young speaks during a meeting at the Daily Herald office on Sept. 14, 2022.

Harrison Epstein, Daily Herald

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Complaints about the handling of Orem’s Proposition 2 have made their way to the office of Utah’s lieutenant governor.

After combing through what Ryan Cowley, Utah’s director of elections, said were “dozens of complaints” about how Orem Mayor Dave Young and members of the city council have promoted Proposition 2, a number of them have been referred to the Civic Review Committee in the Utah Attorney General’s Office.

The complaints were placed into three categories. One was concerning Jody Bates, Orem city recorder, for emailing videos of two council meetings that had portions blacked out to the general public. According to Cowley, those complaints were dismissed as the action falls under the recorder’s professional duties.

The other two categories are more concerning.

The second group of complaints, which has been referred to the Civic Review Committee, are focused on public meetings laws, advocacy, use of public emails and more. The committee was asked to investigate potential campaigning over the dais during the blacked out portions of the meetings.

The final grouping of complaints was sent on Monday to the Utah County Attorney’s Office, Cowley said. Those complaints revolve around potential public expenditures for political purposes, a class B misdemeanor

“Our civil division received an email from Mr. Cowley of the Utah Elections division, late Tuesday afternoon. We are reviewing the materials provided to determine if the evidence supports the violation of applicable state statutes,” said Sherrie Hall Everett, spokeswoman. “The matter is under review and this office will not comment until a determination is made regarding the disposition of the case.”

In responding to why he blacked out portions of two meetings to the public, Young said, “Everything we did we ran by Steve Earl (city attorney). That was the process we followed.”

Steven Downs, assistant city manager, said the city is aware of the complaints.

“We believe these complaints are without merit. We understand that some of the complaints have been forwarded to the Attorney General’s Office and the Utah County Attorney’s Office for further review. The city went to great lengths to comply with applicable state statutes, and we believe the city complied with state law in every respect,” Downs said.

Still, that process has not sat well with some Orem residents — including individuals who are against Proposition 2 — for what they perceive to be illegal campaigning practices.

“Many Orem residents have been concerned about the actions of the Mayor and three City Council members with regard to their active and overt promotion of Proposition 2,” said Val Hale, an Orem resident who filed a complaint. “It doesn’t surprise me that the Lt. Governor’s Office has asked the Attorney General and the Utah County Attorney to examine the complaints and possibly press charges for violating open meeting and campaign laws. It’s disappointing that our city leaders have resorted to questionable tactics to push forward their agenda.”

Hale served under Gov. Gary Herbert as executive director of the Governor’s Office of Economic Development.

On Sept. 27 and Oct. 11, during its regular city council meetings, members of the Orem City Council voted on resolutions encouraging members of the community “to consider carefully this important matter when they cast their vote regarding Orem Proposition 2.”

At the September meeting, the mayor and some of the council asked residents to vote against the proposed $595 million Alpine School District bond.

Young, in introducing and reading the resolution on Oct. 11, said, “The resolution is outlining the city’s support for a new school district.”

The vote was 4-3 in favor of both resolutions. Those opposed to the wording and concept of the resolutions included council members Tom Macdonald, Debby Lauret and Jeff Lambson. Those favoring the resolutions included council members Terry Peterson, LaNae Millett and David Spencer, along with Young.

Only those in the chambers were able to see and hear comments from the council on both resolutions. The YouTube channel and Facebook stream, along with other platforms used for sharing council meetings, were shut off.

The advice to stop the livestream was to avoid any potential violation of Utah Code Section 20A-11-1203 which prohibits publishing an argument for or against a ballot proposition on the city’s website.

During the Oct. 11 council discussion period, Lambson said he felt it was not proper for an elected body to take a stand.

Peterson shared several opinions, noting that if the city continued with bonds from ASD, “it will be hard for Orem to leave and it will be saddled in debt.”

Ballots will begin being delivered to homes on Wednesday. Mail-in ballots can be dropped off until Election Day on Nov. 8

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