COLUMBUS Bill bars contract bids by convicted bribers

The proposal would allow authorities to stop public funds from going to those convicted of breaking the public trust.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
COLUMBUS -- State Sen. Timothy J. Ryan has introduced legislation allowing public authorities to keep vendors convicted of bribery from consideration for public contracts.
The legislation comes in reaction to recent controversy over the Trumbull County commissioners' having to consider the lowest bid for a water and sewer line project from Excavation Technologies Inc., a New Middletown company owned by A. David Sugar.
Sugar was convicted of obstruction of justice, perjury and witness tampering in connection with the corruption case of U.S. Rep. James A. Traficant Jr.
Sugar was neither charged with nor convicted of bribery so Ryan's bill, as is, would not affect him or his companies.
Seth Greenfest, a Ryan aide, said the bill's language was discussed with Michael O'Brien, a Trumbull County commissioner, who contacted Ryan's office.
The bill "is not set in stone and there are plenty of opportunities to add things" before it would be considered by the Legislature, Greenfest said.
Changes likely
O'Brien said his goal was to get the proposal introduced and then add amendments during the process to include crimes such as the ones committed by Sugar.
The bill was given to the Senate's Judiciary Committee on Civil Justice for hearings.
Trumbull commissioners denied a $279,000 contract to Sugar earlier this month because his company failed to staple some paperwork to its bid offer, making it invalid, according to an opinion from the commissioners' legal counsel.
"In the past, there has been a serious problem as individuals and companies with known criminal records, including bribery, have been able to continue to bid on public contracts," said Ryan, a Niles Democrat.
Under Ryan's proposal, vendors convicted of bribery and/or companies with which they are associated would be barred from bidding on public contracts for a period of five years.
The public entity first must notify the vendor and, if requested, hold a hearing. After five years, the vendor may reapply for inclusion on bidder lists.
Ohio law gives that authority to the Ohio Department of Transportation only.
O'Brien said commissioners have to take the lowest and best bid regardless of who submits it, which is "patently wrong. The day a person is in trial, they can submit a public bid in between their hearings and nothing can be done to stop that," he said.
skolnick@vindy.com