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Broward school board orders outside counsel after audit flags referendum supplement issues
Summary
Following an audit that found inconsistent handling of voter-approved referendum supplements, the Broward County School Board voted unanimously to hire outside counsel to review legal options for recovering improperly distributed funds and to advise on safeguards before the next referendum.
The Broward County School Board voted unanimously Feb. 10 to retain outside counsel to review legal options related to an audit of referendum-funded supplements after weeks of public concern and a lengthy board debate.
The decision follows an audit delivered last week that found lapses in process and documentation around how referendum supplements were allocated. "This audit report confirms what parents, teachers and taxpayers have feared," Board member Mr. Severo said, calling the audit "damning" and urging a thorough outside review.
Why it matters: The referendum provides recurring tax revenue intended for teacher pay, student safety, and mental-health support. Board members and union leaders said apparent deviations from the originally described allocations have eroded public trust ahead of a planned 2026 referendum. Several speakers from the public and the Broward Teachers Union urged prompt, transparent remedies so voters will feel confident casting ballots again.
What the board heard: During public comment, Anna Fusco, president of the Broward Teachers Union, urged the board to "peel the bandage off" and resolve issues quickly. Superintendent Dr. Hepburn told the board he has reviewed the audit and that staff have implemented or are implementing many recommended controls; he also said staff will provide additional memos and legal review as directed.
Board questions focused on two lines of inquiry: whether staff could legally recoup supplement payments already made, and whether existing governance controls had been updated. General Counsel Jack Adams said he is preparing legal analysis on potential liabilities and recovery options and that some actions already taken address gaps identified in the audit. He confirmed in open session that staff would circulate legal guidance and memos to the board within weeks.
The board’s action: After extended debate and competing views on optics and legal risk, the board approved a narrowly drafted motion to "hire outside counsel to opine on the legality of recouping funds paid to employees as referendum supplements," removing broader investigatory language from an earlier proposal. The motion passed unanimously; board members said the outside review is intended to avoid conflicts of interest and to produce an impartial opinion before any recovery or more aggressive remedies are pursued.
What comes next: Staff and counsel said legal memoranda and proposed next steps will be shared with the board ahead of the next meeting. Board members also discussed workshop timing for proposed ballot language and intended allocations for any future referendum, with the intent to restore public confidence.
The meeting closed with members emphasizing prompt, transparent follow-up and a commitment to ensure referendum dollars are spent in line with voter intent.
