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Board seeks clarity on House Bill 845 nominee list and procurement implications
Summary
Staff briefed the board on House Bill 845, which requires the board to appoint an auditor from nominations provided by the General Assembly; board members raised concerns that the delegation provided a single name rather than a list and asked staff to consult the delegation and legal counsel about procurement and scope before taking action.
Mr. McGowan briefed the board on ongoing updates about House Bill 845 and said the district has received correspondence from Representative Jordan Ridley containing an audit nomination consisting of a single firm and individual. He summarized the bill language as requiring the school board to appoint an auditor "from a list of nominations provided by the General Assembly," and said staff are eager to comply with the law.
Board members pressed for clarification: Kelly and others noted the statute language refers to a list of nominations and asked why the delegation provided only one name, saying a single nomination could effectively remove the board's ability to choose among firms. Kelly asked whether the delegation provided explanation and whether this would conflict with the district's usual RFP procurement process; she also asked whether staff may contact the nominated firm to learn cost structure while legal clarity is sought. "They haven't given us a list. They've given us a single name. So in essence, they're taking away our choice or our ability to have any say in the choice of the firm that we're using," one board member said.
Mr. McGowan and the superintendent said next steps should include engaging the delegation for clarity, working with the district attorney to clarify procurement implications, and conducting an initial engagement with the nominated provider to understand scope and cost before making an appointment. The board agreed those steps would be reasonable next steps; no formal appointment or vote occurred at the work session.
Board members also asked whether the bill's language about the auditor's power to "appoint, employ, and remove assistant employees and personnel" applies to internal audit staffing or broader supervisory authority; staff said those details would be clearer as the engagement with the auditor defines scope and as legal counsel provides interpretation.
The board directed staff to pursue delegation and legal guidance and to return with additional information; no formal decision was made at the work session.
