by Mike Sharkey
Staff Writer
Mayor John Delaney is going to introduce legislation next week that would create a new Equal Business Opportunity Program and extend the current EBO by 90 days.
The action is in direct response to the current program’s July 12 expiration date, which has been disputed by the Utility Contractors Association of North Florida, Inc. Last fall, the UCA filed suit in federal court against the City, claiming the 10 year-old program expired in October. The UCA also contended the program unfairly awarded City contracts to small and minority businesses.
“We are planning to introduce a new ordinance next week,” said Delaney. “Actually, we are going to introduce two new ordinances. One will serve to substitute for the new EBO program. The other will be a parallel ordinance, one that we can fall back on and extend the existing program by 90 days if we can’t pass the first one by the end of June.”
Delaney leaves office June 30, but he’s confident the ordinance will be in place.
“I’ve been assured by the leadership we’ll pass a new ordinance by the end of June,” he said.
The case was scheduled to go to trial Monday. However, last Thursday, United States District Court Judge Timothy Corrigan issued an order in which he “administratively closed” the case until Aug. 20. Corrigan based his decision on the fact the case couldn’t be resolved before July 12 and neither party had asked the court to dismiss the case. He also cited the UCA’s “failure to include a legal memorandum” and “lack of evidentiary support with which to meet its burden of showing the necessity of a stay.”
Assistant General Counsel Cindy Laquidara said Corrigan’s decision made perfect legal sense, noting the entire program’s existence is now in the hands of Delaney and City Council.
“Judge Corrigan is very careful and follows all the rules. It’s a clear case of judicial economy,” said Laquidara. “If the City does nothing, the EBO plan ceases to exist. It’s politics. It’s not in the OGC’s [Office of the General Counsel] decision-making process.”
UCA attorney Harold Lippes said there’s not much he can do at this point.
“With response to the new ordinance, I have no idea what we’ll do,” said Lippes. “We will look at the new ordinance and see if we want to challenge it. It’s up to the client if they want to pursue it.”
Lippes said he’ll examine the new ordinance carefully and he’s looking for some specific language.
“The law says the programs have to be supported by a study,” he said. “We’ll have to look at the new program and if there’s an underlying study.”
While Delaney’s confident the new ordinance will pass without much debate, he still seems to find the entire issue a bit irritating. He said the UCA knew he planned to create a new program before the July 12 deadline.
“I don’t understand why they filed suit when they did,” said Delaney. “Hundreds of thousands of dollars were wasted by both sides. I think they thought I’d blink [and miss the deadline]. I think we’ve spent $700,000.”
Delaney said the new ordinance will be good for five years and contain virtually indisputable language. There will be multiple components, including set goals, a small business program and a mentoring and apprentice program complete with funding.
“This is not a quota bill. There are no set-asides or shelter programs that say ‘only blacks’ or ‘set aside five percent for women-owned businesses.’ The existing law has some set-aside language , but nothing about quotas,” said Delaney, adding this bill is a major priority he wants to get done before he leaves office.