08/08/1988 Meeting (2) - Laserfiche WebLink

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e Mayor Obie opened the public hearing. Having no requests to speak, Mayor Obie closed the public hearing. Mr. Holmer said he was consulted by staff about the ordinance and has sug- gested a large array of improvements for the legislation. He said this agenda item and the two following items are a package that would establish rules that, in his judgment, are not in the public interest. Mr. Holmer reminded the council that for seven years and 10 months he was responsible for purchasing and contracting by the State of Oregon as State Director of Finance and Administration. For 10 years and four months, he was responsible for purchasing and contracting for the State System of Higher Education as Vice Chancellor for Administration. He said open and competi- tive bidding is desirable but not always practical. In reviewing the staff draft ordinance, he said it became apparent that staff is asking the council to make a large array of decisions about administrative detail that is incon- sistent with the council's desire to focus on public policy. He said the council is responsible for monitoring the City Manager1s actions to the end that State laws are obeyed and that purchasing and contracting are conducted honestly and prudently. Mr, Holmer said the ordinance before the council expects it to focus on a level of detail it should not be e~pected to master. He said it is staffls clear objective to have the council adopt the findings in the ordinance as standards that will govern contract negotiation. If staff acts contrary to e the public interest, he warned that the defense of such actions might be that it was authorized by the council. To avoid this, Mr. Holmer distributed a one-page ordinance that he said provides th~ type of policy guidance the council should give to staff. He said his proposal leaves the way open for the council to adopt rules by resolution at a later date. In staff's current proposal under Section 2.1205, he said he finds it strange that the City Manager shall be the con- tracting and purchasing agent. He said the definitions do not clearly state who these individuals are. Mr. Holmer also noted 2.1230 subsection 1, If staff is going to use this much detail, he suggested the included contracts should be exempted if they do not encourage favortism and if they result in savings. He said the council should not exempt in advance any contract in which the purchasing agent has determined that it is available only through a sole supplier. Mr. Holmer suggested the ordinance1s language needs to be more positive. Mr. Holmer said he is aware the council is inclined to accept staff recommen- dations on complex matters, However, he said staff eagerness to avoid com- petitive b~ds in the cause of other City goals should be of great concern to the council. He reiterated his feelings that the council would be better off adopting the one-page proposal that subjects the City Manager to the Attorney Generalis interpretation of State laws. - MINUTES--Eugene City Council August 8, 1988 Page 11