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Liberty Elementary board unanimously authorizes attorneys to self-report possible procurement, open-meeting violations

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Summary

The board voted 5-0 to authorize district attorneys to self-report potential procurement and open-meeting law violations involving the purchase of services from Nora Guerra and communications involving a quorum of the board.

The Liberty Elementary Governing Board voted unanimously Sept. 24 to authorize the district, through its attorneys, to self-report to the Arizona Attorney General and the Arizona Auditor General possible violations relating to procurement for the purchase of services from Nora Guerra and possible violations of the Arizona open-meeting law involving communications among a quorum of the board.

Counsel presented draft language the board could send as a self-report and framed the submission as an act of transparency and good faith. Board attorney Susan Siegel described the intended contents: "Please consider this a self report. Understand the board has always acted in good faith and, doesn't believe that the former superintendent acted in bad faith." Siegel also explained procurement thresholds to the board: "Board policy says that any matter, over $10,000 requires competitive procurement. The competitive procurement can be by getting 3 quotes, for example. Does not require an RFP or the formalities that are required under state procurement code that then filters down to the school districts when a matter is over a $100,000."

The motion authorized attorneys to report two categories: (a) "possible violations of policy and the Arizona school district procurement code in the procurement/purchase of the services of Nora Guerra," and (b) "violations of the Arizona open meeting law in a communication with a quorum of the governing board." The motion text was read into the record and the board approved it 5-0.

Board members discussed whether to frame the self-report as a factual submission rather than a definitive finding. One member said she had documentation concerning a badge and said, "I have absolutely in writing she did not was not issued a badge and was not alone with students." That remark was followed by another member saying staff reported having observed the contractor alone with children; the board did not identify an independent investigation result during the meeting.

Members also urged broader transparency: Board member Schmidt said the district should consider self-reporting other matters, including a previously discussed land transaction and additional procurement files from fiscal year 2025. The board directed its attorneys to file the self-report and said staff will cooperate with any follow-up by state agencies.

The board's motion instructs legal counsel to submit records and cooperate with the agencies; no findings of legal violation were stated by the board at the time of the vote. Board members said they were asking state agencies to independently determine whether violations occurred.

The board scheduled follow-up work to review procurement records and to add agenda items for items members flagged for further review.

The meeting adjourned at 6:56 p.m.