The Park City Education Foundation is suing the cofounder of one of its scholarship programs, claiming he breached a legal agreement that prevents him from publicly criticizing the organization.
The nonprofit filed the lawsuit in Summit County’s Third District Court on Tuesday. The complaint alleged Thomas Tanzer, who cofounded the Bright Futures program in 2016, violated a settlement agreement restricting him from making negative comments about the organization after a falling-out between the two parties.
Bright Futures was created to help low-income, first-generation Park City High School students prepare for and graduate from college with a four-year degree. The Park City Education Foundation in May announced plans to modify the program to assist all first-generation students.
The complaint does not indicate what caused the nonprofit and Tanzer to reach a settlement agreement over the summer. However, court documents filed earlier this year show Tanzer was charged with two misdemeanors — disorderly conduct and damaging or interrupting a communication device — in January. The charges were dismissed in September, but one filing mentioned that contact with the Park City Education Foundation played a key role in the case.
Park City Education Foundation CEO and President Ingrid Whitley in May later filed a petition with the courts accusing Tanzer of stalking. The filings came two days after coverage in The Park Record and KPCW regarding the changes to the Bright Futures program, which included comments from Tanzer about the “detrimental impact” of the proposal.
The stalking case was dismissed on Aug. 14, the same day the Park City Education Foundation and Tanzer entered the settlement agreement, according to court filings.
But the lawsuit earlier this week claimed Tanzer violated the terms of the settlement agreement because he mentioned the foundation and the Bright Futures program in a TownLift article on Nov. 1 and in a letter to the editor in The Park Record on Nov. 15. In both publications, the suit claimed he alluded to his displeasure with the changes to the Bright Futures program, as well as concerns about financial management.
“These posts constitute not merely public comment, but public criticism and false characterization of the foundation and its Bright Futures program, which Tanzer expressly and unequivocally agreed to refrain from making,” the complaint said. “The foundation continues to fully honor its commitments to support existing Bright Futures students, while evolving the program to serve even more students. Any claims to the contrary are false and misleading.”
Court documents said the Park City Education Foundation “depends entirely on the trust and confidence” of donors and community members.
“Tanzer’s misleading public statements undermine the Foundation’s reputation and ability to secure the funding necessary to continue serving Park City students,” the complaint claimed. “The harm to the Foundation’s reputation and donor relationships is particularly severe given the public nature of Tanzer’s statements and his false characterization of the Foundation’s operations and commitment to its programs.”
The lawsuit concluded by accusing Tanzer of breaching a contract and asking Summit County Third District Judge Richard Mrazik to issue an order enforcing the terms of the settlement agreement. The complaint also requested Mrazik grant the nonprofit “compensatory damages in an amount to be proven at trial.”
Tanzer declined to comment on the case, as it involves ongoing litigation.