The audit, released Monday, cited two instances from last year when it said the board ran afoul of the requirement that a final action must be made in open session.

 • In a March 18, 2007, executive session, the board decided to give a satisfactory rating to former Superintendent Charlie Milligan, effectively extending his contract for a year.

 • On July 25, the board held an executive session to discuss candidates for an interim replacement for Milligan. The state found that the board decided at that meeting to rule out one of the candidates, former deputy superintendent Ethelda Burke.

“The Tacoma School Board disagrees with the finding that it violated the Open Public Meetings Act,” said district spokeswoman Leanna Albrecht, adding that the district provided its response to the state auditor.

In the rebuttal in the audit, the district maintains that Milligan’s March evaluation was properly done in nonpublic session. It also disputes that any decision was made in the July 25 meeting.

But according to auditors, the board’s March 22 regular meeting minutes show that board members indicated a vote was taken during the executive session four days earlier that determined Milligan’s performance was “satisfactory,” which extended his contract. Another board member, Kurt Miller, commented that he was one of two board members abstaining from “voting” in the executive session, according to the audit.

Under the state Open Public Meetings Act, evaluations may be held in executive session but final action, such as extending a contract, must be taken in a public meeting, the audit said.

The school district responded in part that the law doesn’t require a public vote on whether the performance is satisfactory. It also noted that confusion existed between the auditor’s staff and the state attorney general open government ombudsman on whether conclusions about an employee’s performance could be reached in executive session.

As for the July 25 executive session, the district responded that members discussed candidate qualifications in closed session but did not vote.

The next evening, during the board’s regular meeting and before the board voted publicly on the candidates, then-deputy superintendent Burke announced that then-board President Connie Rickman had told her she would not get the job, the audit said.

After that, but before the public vote, a board member moved to select Art Jarvis for the position and stated, “He does not know he has the job.”

Explaining Rickman’s comments to Burke, the district response said, “A single board member sensed from the (executive) discussion that it was unlikely that one of the candidates would be selected.”

The response noted that the state open government ombudsman recognizes that individuals can legally reach their own conclusions about the likely decision to be made in executive session.

“The board member provided her impression to this candidate out of courtesy and respect for the candidate,” said the response, referring to director Rickman speaking to Burke.

“In reaching its finding, the auditor’s office ignored the testimony of each of the board members it interviewed as to what happened in executive session,” the district response said.

The audit includes two other findings:

 • That the district did not follow state law when it used a vendor for computer cabling projects between 2005 and 2007 without opening the project to competitive bid. The issue concerned whether the district could piggyback onto Pierce County’s contract with a vendor that had a cap of $250,000 without going to bid.

The district responded that it had relied on a Pierce County manager’s statement that the district could set its own dollar threshold. When it learned the county cabling contract had a dollar limit, it discontinued its use of the cabling contract.

 • That the district “did not accurately report, retain or obtain” teacher education and experience information. In an audit of the files of 35 teachers, the state found errors in 30 of them, including errors that affected how teachers were paid.

The findings came from the state auditor’s annual performance audit of the district. They do not carry penalties, but they include recommendations that the district comply with the law.

To view the report, see this story online and click on the attached document.

John Henrikson: 253-597-8651

Debby Abe: 253-597-8694