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Board to rewrite local bidding policy to mirror state statute to avoid litigation risk
Summary
The board discussed redrafting its local-preference bidding policy to incorporate state statute language (referred to in the meeting as section 5A-3-37) by reference and have legal counsel review claims on a case-by-case basis to reduce risk of lawsuits.
The Ohio County Board of Education debated whether to adopt a rewritten bidding policy that would explicitly reference the state statute governing local vendor preference rather than restating complicated statutory language in district policy.
"I'd rather just incorporate the statute into the policy and... measure to the statute," the Board President said during the discussion, arguing that repeating complex statutory categories in policy invites inconsistent readings and potential litigation.
Board members said they favor giving preference to local vendors where law permits but want to avoid wording that could be interpreted differently and lead to challenges. One member urged that legal counsel review claims for preference on a case-by-case basis.
Why it matters: Procurement preference rules can affect contract awards for construction, maintenance and supplies; the board noted some projects involve substantial sums and said it wants the policy to align with the statute as written to minimize legal exposure.
Next steps: The president said he will rewrite the policy succinctly, attach the statute, and return the item on the next agenda for review.
Transcript note: The meeting transcript refers to the statute in formats such as "5 a dash 3 dash 37" or "58337"; the board discussion made clear they intend to use the statute itself as the standard for local preference.
