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 <a href="http://articles.sun-sentinel.com/2014-04-07/news/fl-rscol-oped0407-2014…; target="”_blank”">an
op-ed by Rhonda Swan this week in the <i>Sun-Sentinel</i></a>, 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.<br>
<br>
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.<br>
<br>
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."<br>
<br>
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.<br>
<br>
It is good that the officials' successors on the city commission are
doing what they can to reverse illegal acts. According to <a href="http://www.sun-sentinel.com/news/palm-beach/delray-beach/fl-delray-apri…; target="”_blank”">a
<i>Sun-Sentinel</i> article last week</a>, 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rescinded a $50,000 bid that had been awarded to a company that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.<br>
<br>
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."<br>
<br>
Delray Beach appears to be on the right track. Perhaps it can set an
example for other cities in the area.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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