Board debate over chief‑auditor evaluation highlights independence standards and next steps for staff summary

An extended discussion at the June 10 workshop focused on the annual evaluation of the district’s chief auditor. The session produced no vote or personnel action but clarified procedural steps the board would need to take if it sought termination, and it ended with a staff request to summarize common themes from members’ evaluations.

What happened Board members reviewed the chief auditor’s self-appraisal and members’ evaluations. Board Member Allen Zeman said he had prepared a detailed appraisal that found multiple performance areas “short of the standards” the board expects and described concerns about process and timeliness of a memo that accused district staff of impeding audit independence. Zeman said the memo subsequently reached the superintendent late and that the board should consider the implications for independence and for follow-up. Zeman concluded by saying he did not want to overreach but that he felt the record warranted further action.

Chief auditor response Chief Auditor Scott Rhodes told the board he did not believe he had engaged in conduct that would justify termination for cause. Rhodes said the memo that raised independence concerns was placed in an audit packet in the normal way and that, after hearing board feedback at the workshop, he would change how he transmits future memos to ensure superintendent and board members receive them when issued.

Legal and process briefing General Counsel Marilyn Batista and outside counsel discussed legal process and timelines. Counsel explained the chief auditor’s contract contains both a “termination without cause” clause (which requires notice and a severance amount) and a “termination for cause” clause that requires the board to transmit written notice describing grounds for cause at least three business days before any board vote. Counsel also explained the evidentiary risk: performance evaluations are admissible if a terminated employee challenges the board’s action under Chapter 120, Florida’s Administrative Procedure Act.

Board direction and immediate next steps - The board asked the evaluation office to compile a concise summary of common themes from the eight member appraisals already submitted and to circulate that summary to the full board. That request received broad support in the workshop. - No board member made a formal motion to terminate the chief auditor during the workshop; several members stated a preference for attempts to improve collaboration and clearer expectations before taking personnel actions.

Why it matters The chief auditor oversees independent internal audit work; questions that suggest impaired independence or procedural breakdowns in the audit process can raise legal, governance and public‑trust issues. Any termination would require careful legal process and could invite an administrative appeal.

Speakers quoted or referenced - Scott Rhodes, Chief Auditor (respondent) - Board Member Allen Zeman (critic of processes and timing of memo) - Marilyn Batista, General Counsel (legal briefing), and Andrew Sotto (outside counsel on P3/legal queries were present earlier)

Topics - internal_audit_independence: Justification: Debate centered on independence, audit process and memo timing; 0.92/1.00 - personnel_process: Justification: Legal counsel outlined notice and evidentiary requirements for termination; 0.85/1.00

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