Proposed Oceanside, Calif. Charter Has Unprecedented Taxpayer Protections for Fair and Open Bid Competition
On Wednesday, December 16, the Oceanside City Council voted to place a proposed city charter (Proposed Charter Text) on the June 2010 ballot for Oceanside voters to consider. This charter includes a guarantee of fair and open bid competition for city construction contracts that is based on ten year-old language in Section 4-113 of the City of Fresno Municipal Code entitled “Prohibition of Project Labor Agreements.” This is good, solid language that every state or local government should adopt as a policy, ordinance, or charter provision:
Section 303. Fair and Open Competition
The City shall not, in any contract for the construction, maintenance, repair, or improvement of public works, require that a contractor, subcontractor, material supplier, or carrier engaged in the construction, maintenance, repair, or improvement of public works, execute or otherwise become party to any project labor agreement, collective bargaining agreement, pre-hire agreement, or other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works contract. Nothing in this section shall be construed as prohibiting private parties from entering into individual collective bargaining relationships, or otherwise as regulating or interfering with activity protected by applicable law, including but not limited to the National Labor Relations Act.
If Oceanside voters approve the charter – as expected – Oceanside would be the first city in the state of California whose charter contains a provision explicitly ensuring fair and open bid competition for city-funded construction. The charter also includes a provision giving the City of Oceanside power to determine its own prevailing wage policies for purely municipal construction. Finally, the proposed charter includes a “paycheck protection” provision which requires city public employee unions to get approval from their members to take money from their paychecks for political purposes.
The December 17 North County (San Diego County) Times and the December 18 San Diego Union-Tribune reported on the city council’s vote in support of taxpayers.
Here is the status of Fair and Open Competition policies for San Diego County’s ten most populous cities:
|
City |
Population (2008) |
Status |
| 1. San Diego |
1,337,000 |
On November 18, San Diego citizens filed a notice of intent with the city clerk to circulate petitions for a ballot initiative amending the city charter to guarantee fair and open bid competition. |
| 2. Chula Vista |
231,000 |
On September 1, the Chula Vista City Council voted to place a proposed ordinance on the June 2010 ballot guaranteeing fair and open bid competition. |
| 3. Oceanside |
179,000 |
On December 16, the Oceanside City council voted to place a proposed charter on the June 2010 ballot that includes a section guaranteeing fair and open bid competition. |
| 4. Escondido |
143,000 |
Voters in most of these cities and their elected city council members are overwhelmingly supportive of getting the best quality construction at the best price though fair and open bid competition. Visit www.thetruthaboutPLAs.com for regular updates about policies concerning fair and open bid competition in these seven cities. |
| 5. Carlsbad |
104,000 |
|
| 6. El Cajon |
98,000 |
|
| 7. Vista |
96,000 |
|
| 8. San Marcos |
83,000 |
|
| 9. Encinitas |
64,000 |
|
| 10. National City |
61,000 |
One Response to Proposed Oceanside, Calif. Charter Has Unprecedented Taxpayer Protections for Fair and Open Bid Competition
More comments by Oceanside Mayor Jim Wood and Councilman Jack Feller in The Coast News article http://thecoastnews.com.