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Somerset County BOE Pushes Back Against OIGE Findings – No Law Was Ever Violated

The Somerset County Board of Education (SCBOE) has issued a forceful response to the Maryland Office of the Inspector General for Education (OIGE), disputing the agency’s findings regarding the Board’s procurement of legal services from Schifanelli Law, LLP.

The OIGE’s investigative report, released November 13, alleged that Somerset County Public Schools violated state procurement guidelines and local policy when selecting its current legal counsel. In a detailed memorandum to Maryland State Department of Education (MSDE) President Dr. Joshua Michael, the Board’s attorneys argued that the OIGE’s legal conclusions were “erroneous,” “misleading,” and based on misinterpretations of state law.
 
Board Says State Procurement Law Doesn’t Apply
 
The Board disputes OIGE’s position that Somerset County is uniquely required to follow Maryland’s State Finance and Procurement Article and COMAR Title 21. Citing a 2000 Maryland Supreme Court ruling Chesapeake Charter v. Anne Arundel County BOE, the Board argues that all county school systems — including Somerset — are exempt from state procurement law except where the Education Article explicitly applies.
 
The memorandum emphasizes that the Education Article only mandates competitive bidding for school buildings, improvements, or supplies, not for professional services such as legal counsel. According to the Board, OIGE incorrectly claimed that local Policy 200-14 required adherence to state procurement guidelines, even though the policy contains no such reference.
 
Rescinding Policy 100-18 Was Lawful, Board Says

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