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County Council passes resolution supporting audit of De Soto Library

De Soto public library

The De Soto Public Library has been discussed at the last two De Soto City Council meetings and at Jefferson County Council meetings in December and January, following a controversy about the Library’s bidding process.

On Monday night, the Jefferson County Council voted unanimously to pass a resolution that supports “audits of public entities such as the De Soto Public Library Board (of Trustees) to ensure openness and transparency of public entities in the bidding process for work awarded using public funds.”

The De Soto Library is a separate, independent entity and not governed by the city of De Soto or the Jefferson County Council, although the City Council appoints the Library board members.

The Library recently hired the highest of four bidders for a renovation project to replace the two front doors with a sliding door and update the restrooms, the meeting room, study rooms and some flooring, as well add an office. Much of the project is designed to make the Library ADA (Americans with Disabilities)-compliant.

State Rep. Bill Lucas, a Republican who lives in De Soto and represents District 115, has criticized the Library board for choosing the highest bidder.

He spoke to the De Soto City Council on Nov. 17 and to the Jefferson County Council on Dec. 18, seeking support for a state audit of the De Soto Library board.

“As a state-elected official, I represent 37,000 people roughly, and when their tax dollars are wasted, it is something I take personally,” Lucas told the County Council on Dec. 18.

Trevor Fox, director of communications for the Missouri Auditor’s Office, confirmed that Lucas has requested that the state office audit the Library, adding that the Auditor’s Office has not previously audited the Library.

“There’s no formal process for a legislator to request an audit, but we do take these requests very seriously,” Fox said. “Typically, we have our resources dedicated to audits that are already part of our audit plan, but we do keep some hours free for discretionary audits that may be requested. In many cases, we would start with doing an investigation rather than a full audit. The investigation would be used to determine if there is enough there to warrant an audit. We haven’t made any determination on this (request) at present.”

The Library is regularly audited with the city of De Soto, and the Library pays a portion of the audit cost. The Library was last audited in October 2023, according to the Library board.

One of Lucas’ allegations is a company received the De Soto Library’s renovation plans before the project was put out for bid.

“(The Library board) selected the highest bid, which is almost $90,000 higher than the lowest bid, a local union contractor, and almost $60,000 higher than the second lowest bid, a local union contractor,” Lucas said in December.

The Library board received four bids for the project: $127,506 from Harms-Troesser Construction Co. of Pacific; $153,293 from Boyer Building and Design of De Soto; $208,818 from Colben Construction of Cottleville; and $209,986 from Tom Madden and Sons Construction of St. Louis. Madden was awarded the bid, which included an optional add-on that will cost about $6,500 more, bringing the total to $216,486.

“The lower bids did not provide sufficient clarity, creating a higher risk for unexpected expenses. Additionally, the lowest bid did not align with a timeline that would allow minimal disruption to our public service,” the Library board reported in a written statement in November.

Lucas, who has a familial relationship with the Boyer family, which is connected to one of the bidders, said he heard complaints about the Library board hiring the highest bidder.

“I was called about this by constituents, multiple constituents, so I got involved,” Lucas told the County Council. “I started asking questions. (I) went to a (City Council) meeting, found out library boards were created by state statute, and the City Council has no say over how they spend their money. I assure you I’m going to be introducing legislation that is going to change that this next session.”

He said he has talked to the Missouri Attorney General’s Office and the Auditor’s Office.

“I want an audit of these people,” he said.

While the County Council approved the resolution supporting an audit of the Library, Councilman Tim Brown of De Soto, who represents District 6, was the only person to speak about it on Monday.

“I just want to be very clear for my support for this resolution,” Brown said. “First, I have not personally investigated the details of the De Soto Public Library’s recent bidding process for their remodeling project. I have not seen evidence beyond what’s been reported in the media and shared publicly, which includes concerns raised by constituents. including a state representative, as well as the library board’s explanations and defense of their decision.

“I make no judgments about the appropriateness of the board’s actions, and this resolution does not do so either. (The resolution) explicitly states that the Council is not determining whether the procedures were right or wrong. My support is based solely on the broader principle – public entities that use taxpayer dollars should always strive for maximum openness and transparency in competitive bidding. This includes being prepared to explain decisions when asked and cooperating fully with audits when there is public concern or formal request, whether it is the Library, county government or any other body.”

Brown said audits are a standard tool for accountability and can build trust.

“I view this resolution as a general affirmation of those values, not a commentary on any specific entity’s guilt or innocence,” he said.

Brown said De Soto is a vital part of his district, and he values the Library’s role in the community. He said his goal is to support transparency and good governance without taking sides on this matter.

On Tuesday, the Library board, in a written statement, said, “The DeSoto Public Library Board is aware of the Jefferson County Council’s resolution. The Board supports transparency, accountability and the appropriate use of public funds, and it has consistently worked to follow applicable state laws and established procurement practices. In connection with the remodel project, the Board retained legal counsel to assist in ensuring compliance with all applicable requirements. The Board further wishes that there was more communication (from the County Council) to seek clarification or discuss any concerns prior to taking actions, where those actions may result in unnecessary expenditures of public funds.”

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