County bill on hiring contractors draws fire
Proposal focuses on responsibility
Erie County lawmakers will consider a bill forcing the county’s construction contractors to prove they are “responsible,” but an industry spokesman calls it a way for a pro-union Legislature to hinder nonunion contractors.
Aides to County Executive Chris Collins see similar problems, and it appears he would veto the bill if the Legislature sends it to him.
Like most governments, Erie County awards contracts to the lowest responsible bidder and expects them to meet relevant rules, such as providing workers’ compensation insurance and paying the prevailing wage. In addition, New York state bars contractors from public projects for repeated violations of the prevailing wage law or for playing games with their payrolls.
A proposed law, which will soon enter the legislative labyrinth, would require Erie County contractors to answer 10 yes or no questions, including: whether a top official has filed for bankruptcy in the last five years; had a professional license suspended or revoked; been cited under the Occupational Safety and Health Act; violated the National Labor Relations Act or an environmental health law; or been a defendant in a lawsuit over a personal injury, wrongful death or discrimination.
A bidder who answers yes to any question is deemed not responsible but can go before the county’s public works commissioner to reverse its status, said Legislator Timothy M. Kennedy, D-Buffalo, chairman of the Economic Development Committee and a force behind the proposal. Otherwise, the contract would go to the next highest bidder who meets the test.
The bill, which has yet to be formally introduced and can be amended, also would allow any Erie County citizen to challenge the commissioner by requesting a hearing to “present evidence and testimony as to why the contractor or subcontractor is not responsible.” The Legislature would be the final arbiter since it approves contracts worth more than $10,000.
Scott Zylka, a representative for the Associated Builders and Contractors in Western New York, suspects the law could be used for witch hunts against non-union contractors.
“As a national organization we have seen this in other states and municipalities,” Zylka said. “It is just another union-favorable piece of legislation. A lot of times you will see extra clauses. This is a way for unions to go after open-shop contractors by putting them on a witch-hunt list.”
County lawmakers who support the law say they are trying to identify responsible bidders and avoid problems, like the botched job to remove asbestos from a floor of the Rath County Office Building in 2006. Eleven of the outside workers were found to be undocumented aliens, and the contractor, Superior Abatement of Fairfield, N. J., had been a defendant in federal and state court actions and cited for past problems.
Some lawmakers at the time attributed the episode to a zeal to pick the lowest bidder no matter its history. And Kennedy said it justified the need for a worker-training law like the one he was pushing to force county contractors to offer apprentice- training programs.
Kennedy eventually got his law enacted, over then-County Executive Joel A. Giambra’s objections. But it was gutted this summer when Collins attached a set of rules within his Public Works Department that rendered the apprentice law meaningless.
The new proposal to determine a “responsible bidder” returns some of the same adversaries to the Legislature’s arena. Zylka and the ABC had worked against the apprentice-training law. The construction unions and several Legislature Democrats had supported it.
A Collins spokesman said Thursday that Collins believes the county must enact policies that encourage competition, reduce costs and protect taxpayer dollars.
“On the surface, this legislation fails to meet those important objectives,” spokesman Grant Loomis said, “and instead would disqualify quality union and non-union firms looking to work with county government and provide the best value to county taxpayers.”
