Legal issues for Somerset County Public Schools and board of education

SOMERSET COUNTY, Md. — The Somerset County Board of Education allegedly violated procurement protocols in selecting legal counsel for the district, according to a report from the Maryland Office of the Inspector General for Education.

The report, issued on November 13, examines the board’s process for hiring legal counsel, following multiple complaints about the procurement procedure submitted in March 2023. The investigation found that the board failed to adhere to Policy 200-14, which mandates that all school district purchases comply with Maryland state law.

Violation of Procurement Regulations

According to the report, the board did not follow Title 21 of the Maryland State Procurement Regulations, which sets standards for government entities when acquiring products and services. The report highlighted several key violations, including:

• Failure to use a written solicitation to hire the next legal firm.
• Failure to seek bids from at least two vendors.
• Inadequate record-keeping practices.
• Omission of a termination date in the contract, as required by Title 21.

Additionally, the board rescinded Policy 100-18, which had governed the legal services selection process since 1999.

Board Members’ Concerns

The report also references communications between board member Andrew Gleason and Board Chair Matthew Lankford, in which Gleason expressed concerns about the procurement process and incomplete requests for proposals. Board members declined to participate in interviews with the Inspector General’s office during the investigation.

Legal Counsel’s Response

The board’s legal counsel, Schifanelli Law, LLP, issued a statement on November 14, calling the accusations “baseless” and “misleading.” The firm argued that Maryland state procurement law does not apply to local school boards, citing a Maryland Supreme Court ruling. They further contended that the guidelines in question are specific to the procurement of buildings, improvements, and supplies, and not applicable to contracts for services.

Legal counsel also shifted responsibility for record-keeping issues to former Superintendent Dr. Ava Tasker-Mitchell.

Legal Counsel’s Statement

In a statement on behalf of the board, Schifanelli Law said, “The Somerset Board of Education remains confident that it was not, and is not now, subject to the Maryland Procurement Laws and Title 21 in the selection of its lawyers or any other procurement effort, that it properly rescinded its policy on how it chooses its lawyers prior to voting to hire present counsel, and that it engaged in no unlawful or unethical behavior in the process.”

Inspector General’s Response

Inspector General Richard Henry emphasized that the report’s findings are aimed at ensuring transparency and consistency in the procurement process. He stated that it is crucial for citizens to have confidence that the actions of the Somerset County Board of Education are both effective and efficient.

Members of the Board of Education declined to participate in interviews with the Inspector General as part of this investigation.