Engineering Corruption in Ludington, pt. 2

[XLFD]

Here is an update on what our intrepid team at the Ludington Torch has been able to turn up about the lack of competitive, sealed bids in the terms of Engineering services for all the projects that have happened in Ludington for the last 5 years (except for the upcoming Washington bridge project, which was oversaw by the MDOT) as detailed in  Engineering Corruption pt.1.

 

1)  As pertains to the Dowland street repairs, a $450,000 project.

That response is here:  2012 1-17 Dowland St Bids

No records of competitive bidding, as necessitated by State and Local law.

 

2)  As pertains to the  2011 2-14 p3 Waste water improvements $60,000:   

That response is here:  2012 1-18 A WWT Bids E Svc.jpg.pdf

No records of competitive bidding, as necessitated by State and Local law.

But the record does include the Prein & Newhof agreement with the City.

 

3)  As pertains to the:  2010 9-13 p. 2 Staffon Street Impr. $124,153:

That response is here:  2012 1-20 A Staff St EB.jpg.pdf

No records of competitive bidding, as necessitated by State and Local law.

 

4)  As pertains to the 2010 6-17 p.2 Transient Docks $107,000:

That response is here:  2012 1-25 A TrDkEngSvc.jpg.pdf

 

Money that goes for street, sewer, bridge, etc. projects engineering services are generally paid 100% by the local government body-- they aren't covered by state or federal grants.  Why are we wasting hundreds of thousands of dollars of our money just because we have our City Manager avoid using the required competitive bidding process for contracts over $10,000?  But why also was the City Council's Finance Committee with oversight of these contract purchases, led by Councilor Kaye Holman during this whole period (as of this year she passed that Torch to CC Wally Taranko) so lax in the wise spending of the public monies?  And remember that lack of competitive bids includes:

1) a certain sign company,

2) a certain sidewalk-installing company,

3) a certain electric company,

4) a certain water tower painting company,

and the independent contractors we hired and gave a 70% pay increase within the first year, our City Attorney--the law firm Gockerman, Wilson, Saylor, and Hesslin-- who should have to face competitive bids at the end of each year (the length of their contract). 

 

If the City Council wasn't so darn complicit in the dereliction of their duties in the avoiding of using the competitive bidding process, the City Manager's  mismanagement of our money would be a good reason to let him go back to southeastern Michigan.  But why aren't these elected legislators pressing the issue?

 

OK,  it's not their money, and they can just raise the taxes again this summer as they have for every year since 2007.  While people's property and wages have decreased in our county.

 

And that last claim is not hyperbole, as on page A8 in today's Ludington Daily News.  The median family income in Mason County has went down $310 from 2005 to the most recent 2009 reports, and the property values have declined as well, and there's not a lot of buyers out there.  Needless waste of money by taking out competition among bidders is just not acceptable

[Willy]

X

I have a question. the phrase "A public record does not exist under the name given or by another name reasonably known by the FOIA Cooordinator" on the FOIA reply from Shay seems to be rather ambiguous. Is this a phrase that the City has come up with or is it a phrase required by the FOIA act. It seems that the requesting party asking for information under a FOIA request must get the question framed perfectly or the box covering the phrase could be checked. A left out word or incorrect spellling, a missing or wrong numerical digit could trigger the phrase to be checked. Is there anywhere in the FOIA law that explains by definition what the phrases intent is and what it's interpretation is?

[XLFD]

Good point, Willy; I think the City Manager has tried to get themselves a little more wriggle room for such stuff, just in case the records mysteriously turn up later.  Here's what they say about that in the law:

MCL 15.235(4)  A written notice denying a request for a public record in whole or in part is a public body's final determination to deny the request or portion of that request. The written notice shall contain:

(b) A certificate that the public record does not exist under the name given by the requester or by another name reasonably known to the public body, if that is the reason for denying the request or a portion of the request.

 

Here's the way the city's FOIA form puts it, is this supposed to be their certification that the record does not exist; I take it that way, but it dodges any mention of certifying their results:

[Willy]

So it's possible that the records do exist and the City could be keeping them away from the public because of a minor difference between the requester wording for access and the actual name given to the files by the City. For example "transient dock" could be labeled and filed under then name "addition to marina", so the City would be under no obligation to provide any records that do not ask for access to "addition to marina" files. Is it possible that this is what is happening? Shay may know exactly what you are requesting but has no obligation to let you see the information because you have not described it in terms used by the City's filing system.

[XLFD]

That is very possible; using the City's special custom form, the City Manager is saying, but not totally certifying, that the record doesn't exist.  This is similar to him saying that he has the power to be City Manager, but he has not yet taken the Oath of Office (the certification he can perform the duties of that office). 

John Shay is so reluctant to divulge anything that if we would send a follow-up E-mail to him asking "Are you then saying there were no competitive contract bids for engineer services for 'project w,x, y, and/or z''?"  there would either be no reply (he doesn't generally respond to non-FOIA requests from us) or he would refer us to the FOIA response for his answer.

If there is some consistency in his responses, however, he has shown competitive bids in the past, as well as Oaths of Office.  And since the competitive bids, when taken, are usually trumpeted in the minutes, and something he would want to get out (if done fairly), I have to presume in this case that he is sincere that no such records exist.  In other cases, I have some doubts, like you just said, but I thought it might just be due to my long correspondence period with John.

 

[Marty Redman]

Is there any inertia there?  Is the city council, city clerk, city treasurer and the mayor so arrogant and carefree to allow such waste to go on and on and on?   Rise up and be heard.  One voice among 8000 or so can spark a fuse for change, much needed change at that.