Mayor Alex B. Morse City of Holyoke a 2 a fi o October 2, 2016 1At30FY 4x0 70H Honorable City Councilors City of Holyoke 536 Dwight Street Holyoke, MA 01040 RE: Veto of September 21, 2016, Agenda Item #11, Amendments to the Procurement ‘Ordinance, Sections 2-331 through 2-347 Dear City Council, In accordance with Section 24 of the Charter, I hereby veto and retum my objections to the City Council's adoption of the above-referenced amendment to the City’s procurement ordinance. Please recognize, itis the intent of my administration to promote transparency and faimess in our procurement process. In fact, I am proud to support our Purchasing Director, Lori Belanger, and this City Couneil in your work to update our practices and procedures, While I offer my approval to a majority of the Couneil’s amendments, including the submission of additional contracts to competitive bidding, I object to the language in Ordinance 2-335, Requirements for Contracts Exempt from Competitive Bidding Procedures, By restricting the award of contracts in this fashion, the City Council is effectively limiting the executive functions of the Mayor. Under my administration, every contract hes been awarded well within the legal parameters of state law and our City Charter and Ordinances, and in the same manner that my predecessors have awarded contracts before me. Furthermore, our legislature has already enacted the State Ethics Laws of M.G.L. c, 268A and Campaign Finance Laws of M.G.L. ¢. 55 to regulate the effects of political donations on govemment administration. This erosion of executive authority is contrary to the language in our Charter and the intent of the founders of our City Moreover, the Council has been informed that the enforcement of this ordinance is problematic. The Office of Campaign Finance has expressed that they will not enforce this ordinance because it is more restrictive than state law. While there is no mechanism for enforcement of the terms of this ordinance on a prospective or presiding Mayor, note that there is also no mechanism to require a City Councilor refund a contribution to cure a violation. 836 DWIGHT STREET « MAYOR'S OFFICE - HOLYOKE, MASSACHUSETTS 01040-5019 PHONE: (413) 322-5510 + FAX: (413) 322-5521 + EMAIL: morsea@holyoke.org Birthplace of VolleyballPlease understand, this language may have a disparate impact on vendors in the City of Holyoke, limiting their ability to qualify for public contracts. Additionally, if the Mayor is required to select vendors based on their political contributions or lack thereof, as opposed to their price and qualifications for the work, the City will be unable to procure the highest quality of materials or services from reliable sources at the best price. Finally, this language will have a serious and negative impact on citizens who wish to run for political office. By enacting this language, the Council is discouraging members of the community from collecting contributions to assist in their run for political office. As you are aware, contributions from the community are often necessary for citizens to compete with tenured incumbents with substantial campaign accounts. Lam certainly willing to work with the Ordinance Committee and the City Council to develop updated language on bidding procedures; however, as I have explained, the language in its current form is unwarranted and far too detrimental to the City to receive my approval. Thank you for your understanding of this matter. Sincerely, Quy live Alex B, Morse, MayorAgenda # 40 City of Holyoke IN CITY COUNCIL Introduced by Councilor David K. Bartley, Kevin A. Jourdain, James M. Leahy, Linda L. Vacon, Linda L. Vacon Ordered, Order: an order an order that Division 3 entitled “Purchasing Department’ of Chapter 2 of the Code of Ordinances be reviewed and amended as necessary for consistency with the thresholds set by M.G.L. ch. 30B. Order: That the City of Holyoke amend Chapter 30 of its Code of Ordinances to provide for the public procurement of outside legal counsel. Since Chapter 30B, Section 1(15), exempts procurement of legal services from public bid laws, this Order would supersede state law and increase consumer protection. (x2 Bartley, Soto duplicate order) Order: To strengthen procurement laws, the city of Holyoke will put police ordered towing and any other public towing services out to bid on at least a biennial basis. In City Council, June 3, 2014, Received and referred to the Ordinance Committee. In City Council, on September 21, 2016, the report of Committee received and the Ordinance passed its first reading. The Ordinance passed its second reading. The Ordinance was passed to be enrolled. The Committee has considered the same and find that itis truly and properly enrolled. Report of Enrollment received. The Ordinance was passed to be Ordained and Adopted on a call of the roll of the yeas and nays ~Yeas 11-Nays 3 (Lebron-Martinez, Lisi, McGiverin)-Absent 1 (Valentin). Clerk Presented to the Mayor Mayor's Office For Approval 120 Holyoke, Mass. 20 Approved City Clerk fae eee Mayor yar.