The Broward School Board Faces Urgent Construction Management Dilemma
In a move to rectify missteps in its approach to school construction, the Broward School Board is taking emergency measures following a critical audit of its bidding process. The investigation revealed significant procedural errors in selecting an external manager for construction projects.
At a recent board meeting, members harshly criticized district staff for not adhering to directives, thereby risking the district’s entire construction initiative. Consequently, the board unanimously decided to reject bids from three prospective management companies: AECOM, Jacobs Engineering, and EXP U.S. Services.
Although AECOM currently manages the projects, their contract is set to expire on January 17, with district lawyers indicating no possibility of renewal under normal conditions. However, Superintendent Howard Hepburn has been given the option to declare an emergency, which would allow for a temporary contract with AECOM without competitive bidding, a proposal expected to be presented in early January.
Representatives from Jacobs and EXP argued against the rejection of all bids, urging the board to reconsider the evaluation process. “Three firms chose to participate. They submitted in good faith. They invested considerable time, considerable resources into preparing proposals,” stated John Dougherty, program director at Jacobs.
However, the board remained firm, citing a report by Chief Auditor Dave Rhodes. The audit highlighted that the district initially imposed strict financial qualifications that may have deterred potential bidders. These requirements were later dropped, and contracts were negotiated with the three firms despite questionable qualifications, potentially violating district policies and state laws.
Board members called for accountability from Hepburn and his senior staff. “I think the overall effect of subverting the authority of the School Board, perverting its integrity and the operation of the school district, is outrageous and a willful failure to follow board directives that is possibly sending us into a state of emergency,” stated Board member Nora Rupert.
During the same session, Hepburn was granted approval to discipline several non-management staff members, prompting Rupert to emphasize the need for consistent discipline across all levels of the district.
Concerns were raised about the actions of staff in the operations, facilities, procurement, and legal departments. The board, however, can only directly discipline Hepburn, Rhodes, and General Counsel Marylin Batista, who has announced her impending resignation in January.
Hepburn assured the board of his commitment to implementing “accountability measures for any staff that I need to hold accountable as a result.”
The district’s construction program has been under intense scrutiny, largely due to longstanding issues with school infrastructure. Past failures even led to the removal of board members by Gov. Ron DeSantis in 2022, after a statewide grand jury recommended action based on severe management lapses.
Current board members fear a similar fate if oversight doesn’t improve. “This is a five-alarm fire. This is as serious as it gets,” warned Board member Allen Zeman. The sentiment was echoed by Board member Jeff Holness who remarked, “It puts me at risk. It puts all these board members at risk, and I think that’s what’s concerning me.”
Concerns date back to April when the board urged a timely contract for a new program manager ahead of the January deadline. Despite assurances from district staff of sufficient time, the audit revealed staff failed to present the solicitation to the board for approval before bidding commenced.
Furthermore, the board was unaware of a shift in contract strategy, with Chief Operating Officer Wanda Paul seeking multiple companies for different projects instead of a single manager. When questioned by Board member Rebecca Thompson, Paul admitted she did not consider the change significant, saying, “Well, quite honestly, I never thought that it mattered that much.”
Issues also arose around financial waivers post-bid submissions, which Assistant General Counsel Tom Cooney questioned. Cooney explained to the board his discomfort in waiving financial criteria, but admitted seeking an external opinion at the behest of Paul and with Batista’s approval.
Holness challenged Cooney, questioning the need for external validation over his legal advice. Cooney responded, “Dr. Holness, I wouldn’t say that our opinion wasn’t good enough, but we were asked for an extra outside opinion.”
The board has resolved to reassess the roles of district lawyers and the policies governing competitive bidding processes. Batista indicated willingness for such discussions, emphasizing compliance with state law as long as the board and superintendent’s interests align.
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