Idaho lawmaker, SBOE director deny claim they attempted to skirt state contracting law

Gov. Butch Otter this month chastised a top state education official and a state representative for interfering with a state contract for computer software — charges that both deny.

“It has come to my attention that there has been a series of discussions with the executive director of the State Board of Education [Matt Freeman] regarding procurement of a statewide software program to support school districts with teacher evaluations,” wrote Otter in a Nov. 1, 2018, letter to Rep. Wendy Horman, R-Idaho Falls.

In 2017, the Idaho Legislature appropriated $1 million toward a teacher evaluation program.

The state’s purchasing department put out a request for proposals and selected a provider from among eight companies that responded.

But, according to Otter’s letter, the State Board of Education’s preferred vendor was not awarded the contract. Freeman, after a conversation with Horman, asked the purchasing division to cancel the proposal request, Otter wrote.

“It is troubling to me that you have been involved in discussions that would circumvent the state’s procurement laws,” Otter wrote to Horman.

On the same day, Nov. 1, Otter also sent a letter to Idaho State Board of Education President Linda Clark and other board members. In it, he outlined his concern about Freeman’s and Horman’s actions and directed the board to follow state law.

“Despite the fact your preferred vendor was not the successful bidder, and that your executive director requested the RFP be canceled, I am directing you and your staff to award the contract and move forward,” Otter wrote. “Beyond the legal requirement to award the contract to the successful bidder and potential litigation from cancellation of the RFP, this is important on assuring that there is state-level administration and oversight of the teacher evaluation process.”

Idaho State Board of Education spokesman Mike Keckler said the agency has done nothing wrong.

“The State Board of Education staff fully complied with State Division of Purchasing statutes and processes. There was absolutely no intent nor any attempts to circumvent state purchasing law,” Keckler said in a statement Wednesday. “The State Board is committed to obtaining a software solution to facilitate both the submission and review of teacher evaluations, which is required under state law.”

Freeman is listed among Otter’s Cabinet on the governor’s website. But he is actually hired by the State Board of Education, whose members Otter appoints. A governor’s spokesman said Freeman is invited to Cabinet meetings and has attended some.

Horman, too, denies any wrongdoing.

“I vigorously deny the allegations made by Gov. Otter about my involvement in the procurement process for teacher evaluation software,” she said in a written statement. “The Division of Purchasing and the State Board of Education were responsible for the issuance of this contract, and at no time did I interfere with or attempt to circumvent the state’s procurement laws.”

Horman explained it is her job as a lawmaker and member of the Legislature’s budget committee to exercise “due diligence ... to assure the wise use of taxpayer dollars,” especially given the state’s recent contracting issues.

“In light of the governor’s history regarding the state’s procurement process during the Idaho Education Network debacle, which cost Idaho taxpayers millions of dollars, legislators need to ask the hard questions and do their homework,” she said. “This appears to be the executive branch seeking retribution on legislators who do their job. But this is the people’s money, and we as legislators have the responsibility to see that it is used wisely in a fully transparent process.”

The Statesman has filed additional public records requests pertaining to this issue.

This is a breaking news story. Check back to IdahoStatesman.com for updates.

This article has been updated to clarify Freeman’s role.

This story was originally published November 14, 2018 at 1:17 PM.