The Somerset County school board violated state law and its own policies when it hired lawyers without seeking competitive bids in a contract worth up to $100,000, according to an inspector general’s report released Friday.

The board fired its attorneys and then hired Marc and Gordana Schifanelli, who have little experience in education law, all behind closed doors in February, the report said.

The Maryland Office of Inspector General said the county board was allowed to discuss the firing and hiring of a new attorney in private, but violated to the state’s open-meetings act by not taking a formal vote in public.

Somerset County’s school board began enacting a MAGA-aligned agenda after more conservative members were elected in 2024. Their viewpoints apparently conform with those of their new attorneys.

Gordana Schifanelli ran for lieutenant governor on Dan Cox’s ticket for governor in 2022, but lost. She was also involved in helping to oust a superintendent in Queen Anne’s County over statements about Black Lives Matter.

Less than six months after Schifanelli was hired, Somerset’s board attempted to fire the Somerset County superintendent, Ava Tasker-Mitchell, who pushed back against the board’s MAGA-aligned policies. But she appealed the decision to the Maryland State Board of Education and won. She has since reached an agreement with the board to leave the district under terms that the board has refused to release to the public.

Gordana Schifanelli said in a statement that she does not agree with the Office of Inspector General’s report, that the board had the right to hire an attorney behind closed doors, and that it did not violate the state’s open meetings laws.

“OIGE is way out of his jurisdiction since which attorney the local board of education hires has zero to do with waste, fraud and abuse in education,” she said.

Somerset County Board Chair Matthew Lankford, the Maryland State Department of Education did not immediately respond to requests for comment Friday morning.

In a January meeting, the board appeared to consider issuing a request for bids, according to records obtained by the Maryland Inspector General for Education. One of the members, Andrew Gleason, suggests deleting a clause relating to minority and locally owned businesses.

Lankford, the board chair, wrote an email to board members in January that was critical of the failure of the previous school board to follow its policies in 2023 and consider other law firms before hiring its lawyers.

But a month later they took the action behind closed doors to hire the Schifanellis without issuing any request for bids. The inspector general, Richard Henry, wrote that there was no indication that the board considered other attorneys in its selection process.

Henry wrote that he could not determine why the board had veered off course and signed a contract three days later with the Schifanellis.

After hiring new attorneys, the board rescinded its policy on selecting legal counsel through a competitive process.

The board declined to be interviewed by the Inspector General’s Office. Their lawyers wrote that “they will not agree to be independently interrogated by you or the OIGE.”

Henry has asked the Maryland State Board of Education to establish standard practices for county boards to give the public more transparency in how they hire contractors.

Henry also said he would like county boards to be trained in what the rules are for hiring contractors, including what ethical standards are.

In a statement on Friday evening, the Maryland State Board of Education said they are reviewing the Inspector General’s recommendations. The findings, the statement said, indicated significant violations for hiring legal counsel.

“The board takes these findings seriously and will carefully consider the most appropriate response to ensure transparency, accountability, and proper governance in the administration of Maryland public schools,” the statement said.

Schifanelli said in a statement that she and her husband represent many different clients on legal matters, including education. Marc Schifanelli served on the Queen Anne’s County school board for four years.

She said Henry’s report is ”filled with false information” and accused Henry of misapplying facts and the law. She said hiring an attorney is a personnel matter “reserved for closed session under the Open Meetings Act.” It’s treated differently under the law than hiring a bus contractor, for instance, she added.

“So clearly the OIGE acted willfully and intentionally created massive legal work and expense for the Somerset County — something he is supposed to remedy not create,” her statement said.

She also said that the board had “bifurcated representation to two law firms.” Her firm handles litigation and board-related matters. The other firm handles student-related matters.

About the Education Hub

This reporting is part of The Banner’s Education Hub, community-funded journalism that provides parents with resources they need to make decisions about how their children learn. Read more.