Wednesday, February 01, 2006

PAY-TO-PLAY in Brigantine

The subject is pay-to-play, a questionable practice with a bad reputation common in N.J. government. Professional business entities make substantial political contributions to the election campaigns of the local elected officials who are responsible for awarding no-bid professional service contracts. Contributions from professionals awarded these contracts by the same elected officials who receive the contributions raise reasonable concerns among taxpayers about the quality and/or cost of the services received. It is not a practice to inspire trust by them in their government. The following comments were made to City Council at its meeting on Jan. 18, 2006 by the Brigantine Taxpayers Association. It's important to share them with Brigantine taxpayers. We initially presented our concern to you about pay-to-play in 2003. Then, you chose to do nothing. Now, you have another opportunity to increase public confidence and trust in this municipal government and to be more accountable to that public. Problems with pay-to-play have been around for a long time, with a reluctance by politicians to correct them. Now, however, there is greater public awareness of this practice and the harm it does and of the need for changes. No more business as usual. Let's look at what your choices are now in light of laws passed by the state legislature. Under the legislation which became effective Jan. 1, 2006, you have a choice of following a weak pay-to-play law or of setting up a "fair and open process" by which no-bid contracts for professionals will be awarded. Unfortunately, this "fair and open" process might be more accurately described as a fig leaf device. These competitive guidelines that are offered as a substitute for pay-to-play restrictions on campaign contributions by professional business entities are loose and weak, and provide room for mischief. Especially troubling is the following language. "The decision of a public entity as to what constitutes a fair and open process shall be final." What an opportunity to fool the public and make it more cynical!" Instead of doing any of the above, we urge you to choose real pay-to-play reform by doing what over 30 New Jersey municipalities have done. And that is to use the effective tool the legislature recently gave municipalities enabling them to pass a stronger and stricter law controlling these campaign contributions than that which became effective on Jan. 1, 2006. And, instead of using the weak "fair and open " process of this state law, pass an ordinance which will serve the public interest by requiring competitive negotiation for professional services contracts. When you take such action you will inaugurate a true fair and open procedure demonstrating your respect for taxpayers, and a willingness to be fully accountable and to give honest value for our property taxes. We present you with two model ordinances, one for public contracting reform and the second requiring competitive negotiation for professional services contracts, carefully and legally drawn up by the Center for Civic Responsibility of Common Cause. They are worth your consideration and adoption. We look forward to an informative and open public discussion of these proposed ordinances at a future City Council meeting.

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