BY JOHN DUNPHY
Staff Writer
An executive order signed by Mayor Jun Choi last week is expected to change the way contracts are awarded by Edison Township.
The order will allow for competition when selecting professional services and extraordinary unspecifiable services contracts, the mayor said.
“We had, earlier this year, gone out to ask for competitive proposals from several firms to provide health insurance consulting and brokerage services,” Choi said. “This action resulted in an estimated savings of $100,000 a year for the township.”
The reforms, which would require the township to get at least three competitive quotes, would help to strengthen pay-to-play laws that are already in place by the state.
Pay-to-play is the practice in which contractors and professionals contribute large sums of money to a political campaign in return for favorable, generally no-bid contracts.
Normally, the administration could select any firm of its choice for professional services and extraordinary unspecifiable services, Choi said.
“Under current law, even with new pay-to-play reform restrictions, governing body members can still essentially hand-pick professional services vendors, as long as you keep your political contributions to a minimum,” he said. “Across the board, we are going to get multiple proposals to ensure we’re getting the best quality services at the lowest cost.”
The only area the executive order will not apply to is for legal contracts because “it’s very difficult to develop a standard for legal services,” the mayor said.
“There’s a soft standard,” he said. “Like, how do you choose one artist over another? According to experts, it’s like that with legal services. I think the records show, in terms of legal work, we have brought on attorneys because of their quality of work.”
Councilman Anthony Massaro, who presented a similar proposal for an ordinance several months ago, said he wasn’t sure why legal services were exempt.
Massaro’s ordinance proposal, which was expected to be voted on tonight, follows a similar line to the mayor’s executive order but would be even more stringent.
“It’s good for the township,” he said.
The law that is more stringent is the one the township is legally bound to, said Gregory Fehrenbach, a consultant with the Choi administration.
“A mayor’s executive order would supersede an ordinance if it were more stringent than the ordinance,” he said. “If the ordinance is more stringent than the executive order, then the ordinance controls.”
While Choi’s executive order is already in place, any future mayor has the option of retaining it or tossing it out, Fehrenbach said. With passage of an ordinance, the matter would have to go before future councils if a change was requested.
There are several differences between the executive order and the proposed ordinance, he said. The proposed ordinance does not address how township emergencies are supposed to be dealt with, for instance, an issue that needs to be discussed before approval of the ordinance.
“It is our belief if the ordinance codifies the executive order, there will be coordination and compliance with local contracts law and pay-to-play legislation,” Fehrenbach said.
“The mayor indicated he wanted to pursue a competitive environment for professional and extraordinary unspecifiable services, and that is what this executive order does,” he said. “It is the intention of [Township Attorney] Jeffrey Lehrer to recommend to the council that they take essentially the terms of the executive order and turn that into an ordinance, which would give it more force.”
Massaro said he wasn’t sure why the administration had issues with his stronger ordinance.
“It’s pretty simple stuff, really,” he said. “It’s a 219-word ordinance. Their objections to it go on for pages. But, I’m glad the mayor has seen the light on this issue.”
Councilman Salvatore Pizzi said he was in favor of the new restrictions overall.
“I think it’s an excellent idea,” he said. “I’m in favor of it. I liked it when Mr. Massaro brought it up. I think it’s a good idea.”
Pizzi said he expected the council to discuss whether to implement the changes to the ordinance, which would effectively mirror it to the mayor’s executive order.
“We’ll debate that,” he said.