Nor was it improper for respondent Donnelly to engage in negotiations in an attempt to obtain a lower a price on a professional services contract that is not subject to sealed competitive bidding requirements. Petitioners Broderick, et al. claim that respondent board members improperly awarded the contract to the highest bidder. However, petitioners have failed to establish by adequate evidence in the record that EAI was in fact the highest bidder. I do not find that the lack of textual description on the agenda provides a basis to conclude that respondent board members acted to deceive the public. Also, although petitioners claim that respondent board members violated their code of ethics, they provide no substantive evidence to support the claim.
Petitioners claim that respondent board members violated the Open Meetings Law.
However, I am without jurisdiction to address this issue. Finally, respondent board's request for attorney's fees and costs for defending this action must be denied.