Somerset School Board Violated State Law in Legal Counsel Decisions

UPDATE: A new report from the Maryland Inspector General’s office confirms that the Somerset County School Board has violated state law in its handling of legal counsel decisions. This urgent development raises serious questions about governance and transparency within the board, which is already under scrutiny for past financial mismanagement.

The report, released on November 13, 2023, details how the board unlawfully terminated its former attorney and hired new legal counsel without following mandated competitive bidding processes. Specifically, the board made critical decisions—including a vote to fire one attorney and hire another—during a closed session, violating Maryland’s Open Meetings Act.

According to the Inspector General, the board bypassed state procurement rules which require at least two bids for contracts valued between $50,000 and $100,000. The decision to hire new counsel was made during a closed meeting on February 13, 2023, contravening the requirement that such actions must be conducted in public.

This report adds to a troubling history of governance issues for the Somerset School Board. In a separate audit from the Maryland Office of Legislative Audits, released in October 2023, it was revealed that the board has yet to address long-standing financial management problems, including a lack of written contracts and inadequate oversight of vendor payments.

Amid this turmoil, the board also faced internal conflict, notably with Dr. Ava Tasker-Mitchell, the district’s superintendent. Earlier this year, the board voted to terminate her, but State Superintendent Carey M. Wright intervened, placing the decision on hold pending an appeal. In late October, an agreement was reached, resulting in Dr. Tasker-Mitchell’s resignation.

The investigation stemmed from multiple complaints received in March 2023 regarding the hiring practices of the Somerset County Public Schools Board. State law allows local boards to select their own attorneys, but they must adhere to Maryland’s procurement guidelines.

In addition to procedural violations, the Inspector General’s report highlighted that the board did not adhere to its own policies regarding the hiring process. Somerset’s regulations require that vacancies for legal counsel be publicly advertised, and that qualifications be solicited from interested firms. Instead, the board hastily made decisions without proper vetting or public input.

Attempts to interview board members, including Matthew Lankford, Andrew Gleason, Mary-Beth Bozman, and William McIntuff, were thwarted by the current legal counsel for the board, leaving questions about accountability unresolved.

As the report is reviewed by state authorities, including the Governor, the General Assembly, and the State Board of Education, the implications for Somerset County’s already struggling school system become increasingly critical. In the latest Maryland Report Card, Somerset County ranked second-to-last in the state with a dismal score of 46.5, just above Baltimore City’s score of 44.99.

The urgency of these findings cannot be overstated. As the Somerset School Board grapples with mounting issues, the community is left to wonder how these violations will impact their children’s education and the future of the district. Stay tuned for further updates as this story develops.