City law director urges use of state's purchasing plan

The concern stems from the ongoing county purchasing controversy.
By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- The easiest and best way for the city to address purchases is to use state purchasing whenever possible, according to Law Director Greg Hicks.
In late October, Auditor David Griffing slowed city buying, asking for an opinion from Hicks on purchasing laws. Griffing also wants clarification from the state on purchasing parameters.
Hicks sent a memo outlining the law to Griffing on Friday. Copies were sent to Mayor Hank Angelo and Fred Harris, safety/service director.
"The easiest, and I believe, the best way to solve the dilemma is to purchase from the state contract whenever possible," Hicks wrote.
Vendors list
The city purchasing/administrative coordinator provided all departments with the Web site where state contracts and a vendors list are available.
"If the commodity needed is not available through the state contract and it exceeds $15,000, it must be acquired through competitive bidding in accordance with Ohio law," according to Hicks' opinion.
Hicks says the city hasn't violated purchasing laws.
The concern stems from problems with Trumbull County's buying procedures.
After a series of Vindicator articles pointing out excessive spending by the county on janitorial products, county Prosecutor Dennis Watkins began an investigation. State agencies and the FBI also are looking into the practices.
"There has obviously been a lot of confusion and debate lately regarding the laws pertaining to purchases made by the city, particularly the dollar amount," Hicks wrote.
Any contract, purchase of supplies or materials or labor involving more than $15,000 must first be authorized and directed by city council ordinance. Once authorized, it must be put out for bid with limited exceptions, Hicks said in his memo.
The bidding requirement is based on the cost of a project or a commodity.
Commodities
A project is easy to determine, such as a new building, road or a remodeling project, he said.
"Commodity is a little tougher," Hicks wrote.
Commodity refers to products, goods or services, and if the purchase of a commodity will exceed $15,000, it must be competitively bid.
"Competitive bidding is required even in a situation where materials are bought at a specified price per unit" if the total amount actually purchased exceeds $15,000 and the purchasing officials could have reasonably anticipated that outcome, Hicks' memo said.
He recommends historical data on purchasing be used in making those determinations.
Griffing said the memo provides helpful general guidelines, but he was hoping for more specific information and plans to send another letter to Hicks requesting it.
"It steers everyone to state purchasing, which is what we've been pushing," Griffing said.
Questions
But he still has questions about what qualifies as a commodity.
"Is a filter a commodity or is it air filters, oil filters, fuel filters?" Griffing said, also pointing to tires and pipe.
Hicks said some things will have to be determined on a case-by-case basis.
"To me, tires are tires, so I would call tires a commodity." If the city has historically purchased tires at more than $15,000 per year, it should be put out for bid, he said.
Griffing and other city officials may have to consult the law department when questions arise.
"That's fine," Hicks said. "That's what we're here to do."
dick@vindy.com