Tuesday, March 07, 2000
Compromises needed on Ky. procurement bill
Sponsor: Measure not watered down
BY PATRICK CROWLEY
The Cincinnati Enquirer
FORT MITCHELL — The sponsor of legislation prompted by Kenton County's courthouse bidding scandal said he had to compromise with the bill's opponents or risk losing the measure in a Kentucky House committee.
Rep. Bob Damron, D-Nicholasville, insisted Monday he has not watered down the bill that is designed to toughen the state's procurement laws for local governments.
But changes had to be made to satisfy city and county government organizations or the bill would have died in committee or faced defeat on the House floor, Mr. Damron said Monday.
“I'm still happy with the bill,” he said. “Overall, it's still a sound bill. Yes, the changes were made and the Attorney General's office would have preferred the other bill. But they have agreed to continue to support the bill and I'm confident we have the votes in committee to bring it out.”
Mr. Damron said one of the major provisions of the bill — a requirement that local officials document contact with bidders or their associates — has been removed.
Lobbyists for The Kentucky Asso ciation of Counties and the Kentucky League of Cities fought that provision by claiming it was cumbersome for local officials to keep those records.
Nancy Yelton, director of government affairs for the Kentucky Association of Counties, has argued that keeping those records would be a “road map” for lawsuits that could be filed against county officials by bidders who did not win a contract.
Rep. Paul Marcotte, R-Union, a supporter of the original version of the bill, said even though the legislation has been changed it still provides the necessary oversight and safeguards needed for procurement on the local level.
“Sometimes you have to compro mise in Frankfort to get something out of committee,” Mr. Marcotte said. “There was some strong opposition but I still think we're going to have a stronger system than we did before we started talking about this bill.”
Mr. Damron said the most stringent aspect of the legislation has not been taken out or radically changed. It provides that anyone who receives confidential information about public projects and uses that information to try to make money could be charged with a felony. “That's a penalty people will not scoff at,” Mr. Marcotte said.
According to Mr. Damron other changes to the bill include:
• Local governments can pass their own version of a procurement law. In the original bill governments would have been required to adopt the state's more stringent rules for any project more than $1 million.
• Provides training for local officials and government employees on bidding procedures and ethics. The training is not mandatory but counties and cities participating can receive training incentive benefits.
Mr. Damron said he expects the House Local Government Committee to pass the revised bill Thursday. It will then go to the full House for a vote, probably next week.
The committee was scheduled to vote last week but ran out of time at its weekly meeting and could not get to the bill, Mr. Damron said.
Mr. Damron filed the bill because of the scandal involving construction of Kenton County's new courthouse.
In 1997, Corporex Companies Inc. — a Covington development firm headed by Bill Butler — had the lowest bid and won the contract to build the $37 million project, which included a new courthouse and county garage in downtown Covington.
It later was revealed that then Judge-Executive Clyde Middleton showed the bids of two competing developers to Mr. Butler. Mr. Butler has maintained the bids were public at the time, but Mr. Middleton resigned from office, pleaded guilty to a misdemeanor and paid $25,000 in restitution.
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