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opinion

Debarment & Corporate Crime

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Our county governments should not do business with criminals. Corporate crime costs all of us money through higher taxes and prices. Corporate crime insults community ethics. 

The Manatee County Procurement Ordinance and the Sarasota County Procurement Code must be expanded and strengthened. 

In 1993, on behalf of ManaSota-88, Chairman Gloria Rains requested the Manatee County Commission and the Sarasota County Commission adopt a "debarment ordinance" prohibiting the counties from making contracts with companies convicted of crimes. Companies should not be allowed to apply for government contracts without revealing their history of violations. 

The debarment ordinance was needed in 1993 and it is still needed today. 

The public contracting process and the permitting process have traditionally been subject to incidents of bribery, collusion, and price fixing. The preservation of the integrity of the public contracting and permitting process is of vital importance. It's a matter of interest to all the people of Manatee and Sarasota counties. 

A debarment ordinance provides that: 

  • The opportunity to bid on county contracts, supply goods or services to the county or apply for a permit or license is a privilege, not a right.
  • The privilege of transacting business with or applying for a permit or license from the county should be denied to persons or companies involved in contract crime.
  •  The privilege of transacting business with or applying for a permit or license from the county should also be denied to an affiliate or subsidiary of a convicted company.
  • No person or business entity shall be awarded a contract, permit or license if that person or business entity has been convicted of bribery or attempting to bribe a public officer or employee of the county or any other public entity.
  • Has been convicted of an agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition, to bid a fixed price.
  • Has been convicted of violations of environmental laws or other laws that reflect the ability of the applicant or permittee to operate in a satisfactory manner.
  • Has made an admission of guilt of such conduct described above, which is a matter of record, but has not been prosecuted for such conduct.

A person, business entity, officer, or employee of a business entity convicted of one or more of the crimes described above shall be ineligible for a contract, subcontract, permit, or license for a period of three years. 

The county government spends Millions of taxpayer dollars each year to pay companies to remove our garbage, develop storm-water systems, build roads, conduct studies, etc. Taxpayers expect the county government to ensure their money is not paid out to companies convicted of breaking the law. Adopting a "debarment ordinance" will ensure that only companies that operate as good corporate citizens get county government contracts. 

Glenn Compton is the Chairman of ManaSota 88, a non-profit organization that has spent over 30 years fighting to protect the environment of Manatee and Sarasota counties.

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