Sunday, February 12, 2012

Seattle Mayor Skirts Consultant Contracting Regulations

Mayor Mike McGinn
Seattle Mayor Mike McGinn's office entered into a $19,500 a month contract with a New Jersey consultant in July 2011 for help in developing a new NBA arena south of Safeco Field.

6 Months Late in Disclosing Contract:  The City's consultant contracting ordinance requires that all consultant contracts be filed with the City Clerk's office.  However, as of February 4, 2012 (more than six months after contract execution), according to the Seattle Times, the consultant contract with Stafford Sports LLC had not yet been filed with the City Clerk.  

Mayor Says No Deadline for Disclosing Contract:  McGinn's spokesman stated that "There's no deadline for filing with the clerk's office."  While the Mayor's office may be technically correct, it's a fairly big stretch to wait more than six months.  The contract only came to light because the Seattle Times filed a public records disclosure request for documents relating to the Mayor's secret discussions with developers for a new arena.  The intent of the consultant selection ordinance is to promote timely and transparent actions in city government, something being thwarted by the Mayor's office.

What's Required?  So what is the actual requirement?  Seattle Municipal Code 20.50.070 states that 
Departments shall file one (1) complete copy of each Consultant Contract with original signatures with the City Clerk or such official's functional successor following execution by all parties.
Is the Mayor in Compliance?  Based on the logic of the Mayor's office that there is no deadline for filing a consultant contract with the City Clerk's office, a contract could be filed years after execution and still be in compliance.  That's certainly not what was intended by the regulation, which is in place to promote transparency in public contracting.

More Information:  For more information, read the stories by the Seattle Times:
Lessons Learned:  In the world of public contracting, the public has a right to know where their tax dollars are being spent.  Public officials, whether elected or appointed, have an obligation to promote openness, transparency, fairness, and ethical behavior in their contracting actions. 
Mike Purdy's Public Contracting Blog 
© 2012 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

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