TERRE HAUTE — Union members attended Thursday evening’s city council meeting in droves to support a “responsible bidder” ordinance opposed by the Terre Haute Chamber of Commerce.
The Terre Haute City Council chambers were full for Thursday’s “sunshine” meeting. The proposed ordinance goes before the council for a vote at next Thursday’s regular meeting.
The five-page ordinance would establish qualification criteria for contractors and subcontractors bidding on city projects. Of particular concern during the discussion, which exceeded two hours, was wording with regard to Sec. 7-82 k: “Confirms that all apprentices to be used on the project are registered with an apprenticeship and training program approved and registered with the United States Department of Labor, Bureau of Apprenticeship and Training (or any state or federal successor agency).”
Tom Szymanski, business representative for the International Brotherhood of Electrical Workers Local 725, said the aim of the ordinance is “to level the playing field” and ensure substandard contractors don’t win contracts simply by submitting lower bids.
Todd Thacker, business manager for IBEW Local 725, cited his own experience as an instructor in the local’s apprenticeship program, describing it as an “economic stimulus” which draws students from throughout the region, uses local services and keeps money in the Terre Haute community. Individuals matriculating through the local program receive an associate’s degree from Ivy Tech in addition to hands-on training, he said.
“I think we’re pretty transparent with what we’re trying to do here,” he said. “Make sure the taxpayers get what the taxpayers are paying for.”
David Wulf, speaking on behalf of the Terre Haute Chamber of Commerce, said the stated goals of the proposed ordinance are already covered by existing state law, and “national organizations” have been trying to pass similar “responsible bidder” ordinances in communities across the country to ill effect. According to Wulf, the ordinance will unnecessarily eliminate qualified contractors and thus competition. In addition, he said, wording in the ordinance will mandate burdensome affirmative action requirements already covered by existing statute.
Attorney Keith White of Barnes & Thornburg in Indianapolis said that, in his opinion, the ordinance as written could cause “serious potential for litigation” as it relates to existing legislation.
Both White and Wulf said the city has no problem with getting qualified bidders on major projects, so creating additional ordinances is unnecessary.
A number of students in the IBEW’s apprenticeship program attended the meeting and spoke at length in favor of the ordinance, citing quality concerns of out-of-town contractors while promoting the training they’re receiving in their coursework.
Bill Lower, president of the Terre Haute Board of Public Works and Safety, said the ordinance would negatively impact the number of bids received for projects.
Citing the “reputation of Terre Haute’s climate” in years past, Lower said some firms used to opt against bidding for city work. That has changed recently and he wants to continue getting a volume of bidders for projects.
“We’ve dealt with reputable firms on every project we’ve done,” he said, arguing that most of the ordinance’s concepts are covered by existing law.
City Councilman Norm Loudermilk (D-3rd), sponsor of the ordinance, said he’s still very much in favor of the proposal but noted some “common ground” might have to be reached before it’s passable. Loudermilk asked Szymanski if the wording regarding the apprenticeship and affirmative action programs were deal-breakers.
Szymanski said he would have counsel review the affirmative action language because the interpretation offered by White and Wolfe differed greatly from what he’d been told.
“If you ask 100 lawyers, you’ll get 100 answers,” Loudermilk said.
On the topic of the apprenticeship program, Szymanski described it as integral to the intent of the ordinance.
The council will discuss the ordinance in its regular meeting March 11 at 7 p.m.
Brian Boyce can be reached at 812-231-4253 or brian.boyce@tribstar.com.
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Unions speak out at Council meeting
Urging support of ‘responsible bidder’ city ordinance
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