Lexington 01 board tables action on suspending minority-business preferences after governor—s executive order
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Summary
Trustees debated pausing the district—s minority-business enterprise (MBE) procurement preference after Gov. McMaster—s Dec. 3 executive order and voted 4–1–1 to table a motion to suspend the district policy until the board receives state guidance; administrators warned delays could slow capital projects already in procurement.
At its Dec. 16 meeting, the Lexington County School District One board debated whether to suspend aspects of its procurement code that evaluate or otherwise favor minority-business enterprises (MBEs) after Gov. Henry McMaster issued an executive order on Dec. 3 altering state policy.
Administration recommended a temporary pause on procurement activity that relied on MBE preference language while the district seeks legal clarity from state agencies. "We, unfortunately, have not received a lot of guidance," Jennifer Miller said, noting the order took effect immediately and that the administration was seeking direction from the state procurement office and the Department of Education.
Trustees split over the legal risk and operational consequences. Trustee Chris Rice and some administrators argued that awards already solicited under prior evaluation language should be able to proceed to avoid months of delay for capital projects; operations staff warned that canceling and reissuing RFPs would push multi-project schedules back by months. Legal counsel said the order applies to the executive branch and that whether it binds school districts was not yet clear; the administration had contacted state officials repeatedly without receiving definitive guidance.
Other trustees urged caution about changing local procurement rules based on an executive order without statutory changes or official direction from the state; one member described the decision as a potential "knee-jerk reaction." Facing no clear external instruction, the board adopted a procedural motion to table the proposed suspension until the next meeting. The motion to table passed by a show of hands: 4 in favor, 1 opposed and 1 abstention.
Action recorded: A superseding motion to table the motion to suspend procurement protocols passed; the transcript records the tabling vote as 4 in favor, 1 opposed and 1 abstain. Administration said it would continue outreach to state agencies and may convene a one-item meeting if new guidance arrives before the next regular board meeting.
What this means: Projects already in the solicitation or evaluation phase were described as "in limbo" by operations staff; the district will try to determine whether those solicitations can be awarded under prior terms or must be canceled and rebid. The board did not adopt a new procurement policy at the Dec. 16 meeting.