Transparency in local government! I applaud Melissa Sargent for her proposal!
Check this out . . . this was introduced last Thursday, but went unnoticed as far as I can see. Apparently, its not too popular with some of her colleagues, so who knows if it will go anywhere. But, its the right thing to do!
[EXPLANATION: This amendment would require all contractors and economic development grant recipients in excess of $5000 in value to disclose certain political contributions and expenditures.]
AMENDING CHAPTER 25 OF THE DANE COUNTY CODE OF ORDINANCES, REQUIRING DISCLOSURE OF POLITICAL SPENDING BY COUNTY CONTRACTORS
The County Board of Supervisors of the County of Dane does ordain as follows:
ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances.
ARTICLE 2. Section 25.017 is created to read as follows:
(1) Purpose. The purpose of this section is to increase transparency and accountability in the county contracting and procurement process by requiring contractors to disclose certain political contributions to ensure that purchasing decisions are free from any perception of a relationship between political campaign spending and county purchasing practices.(2) As used in this section, the following terms are defined as set forth herein.
(a) Board has the meaning set forth in s. 25.016(2)(a).
(b) Contract has the meaning set forth in s. 25.016(2)(d).
(c) Contractor has the meaning set forth in s. 25.016(2)(e).
(d) Economic development grant beneficiary has the meaning set forth in s. 25.016(2)(g).
(e) Public works has the meaning set forth in s. 25.016(2)(h).
(f) Service contract has the meaning set forth in s. 25.016(i).(3) Applicability. This ordinance shall apply to all contractors with a contract having a value in excess of $5,000 and all beneficiaries of economicdevelopment grants from the County in excess of $5,000.
(4) Prior to entering into a contract or economic development grant, the Department of Administration shall require the contractor or economic development grant beneficiary to disclose certain political contributions and expenditures that they have made within the prior two years. This disclosure shall be required whenever the aggregate amount of such contributions and expenditures made by the contractor or grant recipient, and its affiliates and subsidiaries exceeds $5,000 to a given recipient during a given year. The disclosure shall include:
(a) All contributions or expenditures to or on behalf of any candidate for county elected office.
(b) Any contributions made to third party entities whose purpose is to raise and distribute campaign funds to candidates seeking county elected office or to advance the outcome of legislation before the county with the intention or reasonable expectation that parties would use those contributions to make independent expenditures to influence county political campaigns or legislation.(5) Disclosures pursuant to this section shall not be used as a basis for awarding or denying a contract.
(6) The purchasing agent shall add a summary of this disclosure requirement to the County’s standard Bids & Specifications document.
(7) (a) Any person may file a complaint alleging a contractor’s or grant beneficiary’s violation of this section. All complaints shall be filed with the contract compliance officer.
(b) The contract compliance officer shall investigate and determine whether there has been a violation of this section and provide copies of a proposed decision to the complainant and the contractor or grant beneficiary. If a violation is found, the proposed decision may include any of the following:
1. Termination, suspension or cancellation of the contract or grant, in whole or in part;
2. Debarment for a period of up to three years.
(c) Any person affected by the proposed decision may, no later than 30 days after issuance of the proposed decision, appeal the decision to the board by serving a notice of appeal on the county clerk. If no appeal is taken within the time allotted, the proposed decision shall become final.
(d) Upon the filing of an appeal, the board shall meet on notice, take testimony, receive evidence, allow the parties to call witnesses, allow cross-examination and issue a final decision. The board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board shall give effect to the rules of privilege recognized by law. Basic principles of relevancy, materiality and probative force, as recognized in equitable proceedings, shall govern the proof of all questions of fact. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise, of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice.
(e) The board’s final decision may include termination, suspension or cancellation of the contract or grant, in whole or in part, and debarment.(8) A department or agency may not award any contract to a contractor nor any grant to a grant beneficiary who has been debarred unless at least three years have elapsed from the date of debarment, unless a shorter time of debarment is specified in the board’s final decision.
(a) This subsection does not apply to any contractor, subcontractor or grant beneficiary who has not exhausted or waived all appeals, provided that the period of debarment shall commence as of the date all appeals are exhausted or waived, as appropriate.(9) Legal effect and severability. (a) Nothing in this section shall be interpreted to alter, contravene or be in conflict with any provision of county, state or federal law.
(b) If any subsection, clause or provision of this section is held invalid, the remainder shall not be affected by such invalidity.
