More conflict ahead in Monroe govt, over DBE

Looks like heads needlessly will butt again in the future between Monroe independent Mayor Friday Ellis and rookie members of the Monroe City Council, this time over what proportion of contracts should go to disadvantaged business enterprises.

A DBE is a firm owned in the majority by individuals with a presumptive characteristic such as race or sex or any individual found to be socially and economically disadvantaged on a case-by-case basis. Federal law dictates for projects of a certain size eligible for federal funds in transportation they must set an approved goal, and Louisiana requires this as well for state money going to a local project.

New councilors Democrats Rodney McFarland and Verbon Muhammad at the start of their terms complained about DBE goals for work at Monroe Regional Airport. Using the standard methodology, that was computed at 8.31 percent, but they wanted it much higher. As the contract had been let, that could not be changed. This amount was higher than the aspirational goal set in Louisiana for aviation projects of 5.5 percent.

The subject came up again at the latest Council meeting, this time concerning the DeSiard Street improvements, when a $3.6 million contract – a million bucks below the estimate – came up for approval. McFarland voiced discomfort at it because it set a DBE goal of only 15 percent compared to the 20 percent he wanted to see set in uniform fashion.

The standard formula called only for a 13.6 percent DBE goal and legally the Council couldn’t turn down the contract for displeasure over a DBE goal, which the administration set in its bid documents. As a result, McFarland grudgingly voted in favor as did the remainder of the Council except for Muhammad who was absent.

However, McFarland said he wanted change DBE standards, something which Muhammad previously had articulated, which would require an ordinance. If the Council passed an ordinance that set all qualifying contracting at 20 percent, the administration would have no option in a bid package to tell winners that subcontracting could be less than 20 percent. McFarland indicated that he and Muhammad would pursue this, guaranteeing two-thirds of Council votes necessary to pass that into ordinance were at hand.

With Democrat Juanita Woods likely to join such an effort, then any such passage would be contingent on whether Ellis vetoed something like that. If so, chances are that it would be upheld as the other two councilors, Republicans Gretchen Ezernack and Doug Harvey, likely would vote not to override, which to be successful requires four votes.

If it comes to that, Ellis should veto a measure like that. Setting a fixed goal – and a high one at that above the surface transportation goal of 15 percent set by the state and well above its aviation goal – ignores the many factors that go into computing an appropriate figure which not only at such a high number makes attainment unrealistic but if doing so it essentially becomes a discriminatory quota that if attainable would cause drastically escalated contract costs.

McFarland and Muhammad, who represent majority-black districts, want to present themselves as fighting for public dollars to come into the pockets of constituents and those of the same race, on the assumption that historical circumstances have disadvantaged women and minorities so DBE programs level the playing field. But setting an arbitrary high figure doesn’t affect the field, it affects the outcome on the field. Offering such an ordinance might win some votes in their districts, but it ends up creating divisiveness for no good reason.

If they do follow through and Ellis vetoes without an override, they should chalk up the electoral benefit of having tried and leave it at that. Beyond that only introduces additional counterproductive conflict.