Maryland School Board Violates Law in Legal Counsel Decisions

A report from the Maryland Inspector General’s office indicates that the Somerset County School Board has violated state law and its own policies in its handling of legal counsel decisions. Released on November 13, 2023, the report highlights actions taken by the board that contravene both Maryland procurement regulations and its internal procedures.

The Inspector General’s findings reveal that the school board unlawfully voted to terminate its former attorney and hire a new one during a closed session on February 13, 2025. This action not only breaches the requirement for public voting on such matters but also skips the necessary competitive bidding process mandated by state law. The report emphasizes that local boards must obtain at least two bids for contracts valued between $50,000 and $100,000, which was the budget range set for legal services in fiscal years 2025 and 2026.

Concerns and Further Investigations

The Inspector General’s office has communicated its concerns to the Governor, the General Assembly, and the State Board of Education. According to the document, the board’s actions have raised significant issues that warrant further scrutiny. This investigation was prompted by multiple complaints received in March 2025, specifically regarding the board’s hiring practices for legal counsel.

The investigation underscores that the Somerset board not only sidestepped procurement rules but also acted against its own policies. Board rules stipulate that any vacancy for legal counsel should be publicly advertised, qualifications solicited from interested firms, and candidates narrowed through interviews conducted by a committee composed of board members and staff. Instead, the board made decisions in a closed meeting, violating its own established protocols.

Ongoing Issues and Previous Findings

The findings come amidst a backdrop of ongoing issues within the Somerset County School Board. A separate report from the Maryland Office of Legislative Audits revealed persistent financial management problems, some dating back over a decade. Concerns included a lack of written contracts, insufficient purchasing oversight, and unsupported vendor payments. Auditors noted that the district’s procurement policies remain outdated and inconsistent with state law, despite previous commitments to reform.

The school board has also faced internal conflicts. Earlier in 2023, the board voted to terminate Superintendent Dr. Ava Tasker-Mitchell, but that decision was halted by State Superintendent Carey M. Wright pending an appeal. In late October, a resolution was reached, resulting in Tasker-Mitchell’s departure.

The Inspector General’s report does not specify a timeline for when its findings will be discussed with the General Assembly or the State Superintendent. The ongoing governance issues have not only drawn attention from state authorities but have also impacted the district’s performance. In this year’s Maryland Report Card, Somerset County ranked second-to-last in the state, with a score of 46.5, just above Baltimore City, which scored 44.99.

This situation highlights the need for adherence to legal and procedural guidelines in school governance, as the board faces scrutiny from multiple angles regarding its operational practices. The implications of these findings may extend beyond administrative accountability, influencing public trust and educational standards in Somerset County.