“If you don’t have a right to award a contract, you’re bargaining in bad faith,” Ford said.
By NANCY COOK LAUER
Stephens Media
The Hawaii County administration has made an end run around the County Council by soliciting bids for recycling services without the council’s blessing.
Dora Beck, acting director of the Department of Environmental Management, told the council Friday she has broken a proposed three-year contract into a one-year contract with two annual renewals, so she no longer needs the council’s vote to move forward. The county charter requires council approval of contracts expending funds over more than one budget cycle.
“It’s an action that the department has taken without the authorization of the council, which I find very alarming,” said Council Chairman Dominic Yagong.
Beck told Stephens Media after the meeting she simply wanted to move the process forward. The authorizing resolution was postponed again Friday until Yagong can draft legislation offering alternative programs.
The recycling contract has been stalled in the council since June, when a group of smaller haulers and interested residents said the proposed contract shuts them out and favors only one or two large companies on the island. The administration has extended its current contract with Business Services Hawaii until June while the resolution has been delayed.
“No, it’s not an end run; it’s legal,” Beck said. “I don’t think continual contract extensions are a good idea.”
But council members bristled at the department’s action.
“This council should not be a rubber-stamp in this process,” said North Kona Councilman Angel Pilago. “I refuse to believe this council is an impediment.”
Beck said, and she was backed by Assistant Corporation Counsel Katherine Garson, that county departments have the authority to put out multiyear bids without council approval; the approval only comes in when it’s time to pay the contract.
Departments also have authority to ink and pay for single-year contracts without council approval.
“There’s a fundamental disconnect,” said Kohala Councilman Pete Hoffmann. “I can’t connect the dots.”
South Kona Councilwoman Brenda Ford took it a step farther.
“If you don’t have a right to award a contract, you’re bargaining in bad faith,” Ford said.