Fielkow pushes for contract transparency
From Sunshine Review
14 July 2008
In an attempt at opening government up to the public, New Orleans City Council Vice President Arnie Fielkow proposed an ordinance that would attempt to make city contracts 100% transparent. The council's Government Affairs Committee voted in favor of the measure and are currently working with city attorneys on interpretation and their authority in the matter.
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[edit] The Current Process
Fielkow's ordinance would make the contracting process subject to Louisiana's open meetings law. He stated the process "should be done in open, in the light of day and in total transparency."[1] This stands in stark contrast with the current process, which the public receives little to no useful information on. Currently, the Executive branch chooses vendors for city contracts worth $150,000+ through a panel of city employees and one or more community representatives. These meetings are conducted in private, with no minutes recorded. The only information provided to the public is a single score sheet on vendors.
[edit] Opposition
Past and present city attorneys appeared before the council committee to oppose the act, claiming it would effectively bring the executive branch to a standstill and encroach on its power. However, many other cities in the state operate in such an open manner, without any such issues.
The council asked executive director of Tulane University's Public Law Center, David Marcello, on the legality of their action. He stated, "It serves one of the most important purposes acknowledged in our state constitution, which is transparency in public government." [2]
[edit] No List of Contracts
As it currently stands, there is no one complete list of all city contracts. Inspector General Robert Cerasoli stated, "Someone, somewhere, should have a list of every contract the city is engaged in. I think other cities would have a list of the contracts they're involved in."[3]
New Orleans CityBusiness requested such a list on two separate occasions. The first request resulted in a list of 118 contracts worth a total of $42.9 million, but the list was still incomplete. Notably absent was the city's contract for their oft criticized 311 hotline. Their second attempt yielded a response from the Law Department which said, "The city does not maintain or possess such a list and is unable to comply with your records request." The city has not responded to questions if such a list exists at all.
[edit] Vote Scheduled
Attorneys for the council, Herman, Herman, Katz, & Cotlar, approved the ordinance put forth by Fielkow, allowing it to come to a vote by the council. Fielkow said he expects a final vote by August 7. Also up for a vote is an ordinance put forth by Councilwoman Stacy S. Head that would require the city to post a list of all professional services contracts on their website. If approved by council, it would go to Mayor Ray Nagin, who could still veto it.
