A Court Decision in Florida Validates an Inspector General's Advice

Here's a good-news story from Delray Beach, FL. But first the bad news. According to an op-ed by Rhonda Swan this week in the Sun-Sentinel, in 2012 the Palm Beach County inspector general "warned Delray that extending its contract with Waste Management until 2021 without seeking bids would violate state and city rules that require competitive bidding." The then city manager disagreed, and the city commission approved the contract extension.

Swan reasonably asks "what might have been in it for the [city] commissioners who voted for the contract." When officials ignore the law and the inspector general, not to mention resident demands and common sense, one tends to assume that they had an ulterior motive.

The good news is that, two years later, only one of the three city commissioners who voted for the contract extension remains in office. And the new commission took the matter to court, in order to void the extended contract and properly bid it out. On March 28, the local appellate court, in voiding the illegally extended contract, said it right, "The Florida Supreme Court made it clear that competitive bidding requirements for public contracts exist to protect the interests of the public by preventing collusion and protecting against favoritism."

Although this is good news, an inspector general's advice should not require the involvement of voters and courts to give it authority. But at least what happened might make other officials think twice before ignoring good advice from the inspector general or ethics commission.

It is good that the officials' successors on the city commission are doing what they can to reverse illegal acts. According to a Sun-Sentinel article last week, the city commission also struck down a deal with a developer because it broke state law, and rescinded a $50,000 bid that had been awarded to a company that didn't meet all the bid requirements. They are sending a clear message that it is important to follow laws and formal processes.

With respect to the deal with the developer, the mayor lectured the city manager, who had put the matter on the agenda when it wasn't ready to be voted on (and the mayor was out of town): "You don't work for commissioners, you work for taxpayers. Cronyism and special interest dealings don't belong here. Your lack of leadership put this city at risk."

Delray Beach appears to be on the right track. Perhaps it can set an example for other cities in the area.

Robert Wechsler
Director of Research-Retired, City Ethics

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