Is it legal for the local government to contract with the mayor’s company?

[Hostepher]

What is the name of your state? Ohio

In the state of Ohio, is it legal for the local government (city/village) to contract with that local government’s mayor’s company?

While it does seem highly unethical, is it actually illegal? I tried looking through the Ohio revised code but could not find my answer. I’m more concerned that my local government is doing business with our mayor’s company and we’re going to end up getting sued. When I inquired, I am told to mind my business and if I get a response, I get “we’ve looked into it and it’s ok”.

I am not a government employee - really just a concerned citizen.

 

[quincy]

It potentially could be a conflict of interest. Was there competitive bidding?

 

[Hostepher]

Hey @quincy - I’m not sure. His company has been the de facto provider of that particular service for years. I’m honestly not sure my local government is intelligent enough to know that they need to publicly advertise or go through the bidding process. I’m not saying that to be rude, I’ve just seen other areas of incompetence that have concerned me which is why I’m not accepting their answer so easily.

I just don’t want to see us get sued for incompetence or negligence when we really need the money for our schools, public property maintenance, beautification and our roads.

For the sake of the argument, let’s assume there was competitive bidding - where does that put us? I mean it’s a clear conflict of interest but I don’t know that makes it illegal. Just unethical. One of the reasons I wouldn’t re-elect the mayor. His response was pretty unprofessional and less than becoming. Granted I’m surprised he responded at all.

 

[quincy]

If there was competitive bidding and the mayor was upfront about his ownership interest in one of the companies, and it was determined that the mayor’s company had the best overall proposal when compared to the others bidding on the project, and if the mayor removed himself from any voting on who would be awarded the project, then it would not be as problematic as it could be if the mayor knew what the other companies were bidding and purposely undercut their bids to win the contract.

More needs to be known about how it came to be that the mayor’s company was awarded the contract.

 

[quincy]

Here is a link to Ohio’s Ethics Commission on Conflict of Interest:
https://ethics.ohio.gov/education/coi.html

 

[Taxing Matters]

More needs to be known about how it came to be that the mayor’s company was awarded the contract.

One of the things that would be important here is who makes the decision on awarding the contract?

 

[quincy]

Right. That is one of a few things that need to be known. I sort of touched on that when I mentioned the mayor removing himself from any voting. The Ethics Commission adds other important factors.

 

[NeilTheCop]

For the sake of the argument, let’s assume there was competitive bidding - where does that put us? I mean it’s a clear conflict of interest but I don’t know that makes it illegal. Just unethical.

Don't assume, find out if it was put out to tender.
[link removed]

 

[quincy]

Don't assume, find out if it was put out to tender. [link removed]

Although it provides good information, your link is to a paid subscription service.

 

[NeilTheCop]

Sorry, I though it was legit because it was a redirect form the Ohio.gov site
http://publicnotice.ohio.gov/

 

[quincy]

Sorry, I though it was legit because it was a redirect form the Ohio.gov site
http://publicnotice.ohio.gov/

If it is a commercial site, it’s not permitted. The government sites will often post an alert that the “redirects” are not sponsored sites.