Baltimore Sun

Change would give mayor new powers

Charter would loosen curbs on making deals; would go to voters if council passes it

- By Ian Duncan iduncan@baltsun.com twitter.com/iduncan

A proposal to add 13 words to Baltimore’s charter — the city’s constituti­on — could give the mayor significan­t new power to enter into contracts and make new kinds of deals with private companies.

Mayor Catherine E. Pugh’s office said the change would give officials the flexibilit­y to strike deals that get the best value out of the city’s assets. But advocacy groups questioned the change, saying it could allow the mayor to exercise broad authority to spend tax dollars with only limited accountabi­lity.

The proposed change is contained in a 92-page report issued this week by a commission Pugh formed to review the charter. It updates a section of the document that deals with the way the city’s spending board can award contracts.

The commission has proposed adding a third option, giving the board the authority to “award the contract in any manner authorized by ordinance or by the board.” The change is explained in a note in the commission’s report.

“This broadens the potential for new and varied types of contracts into which the City can enter, such as public-private partnershi­ps,” the note reads.

A majority of the five-member spending panel, known as the Board of Estimates, is controlled by the mayor. She sits on the board along with two of her appointees, giving her enough votes to pass any proposal it considers.

The charter review commission’s recommenda­tions were submitted to the City Council on Monday as five separate pieces of legislatio­n. Should the council approve the changes, they will go before voters in November.

Damon Effingham, the director of the watchdog group Common Cause Maryland, asked what would happen if the board interprete­d the open-ended language to authorize awarding a contract because officials liked the “cut of their jib.”

“The council should certainly ask questions about how the current charter slows or otherwise impedes public-private partnershi­ps and why such broad language is necessary,” Effingham said.

Mary Grant, an activist at Food and Water Watch, said the change to the contractin­g language appears “explicitly intended to facilitate privatizat­ion.”

Grant’s organizati­on is concerned that private companies are seeking to privatize Baltimore’s publicly owned water system.

Suez Environmen­t, a French company, has pitched city officials and community groups on securing a long-term lease on the water system in recent months — the company calls the idea a “public-private partnershi­p.”

Matt Garbark, an aide to Pugh who oversaw the review commission, said changing the way the water system works was not part of the discussion around changing the charter language and that the mayor’s administra­tion has no intention of privatizin­g city services or assets.

He called the city’s water system “a gem.”

The idea behind the change, he said, is to work more closely with private companies. Garbark said officials are interested in exploring how new kinds of partnershi­ps could help the city make better use of its undergroun­d utility conduit system and broadband infrastruc­ture and carry out informatio­n technology projects.

Garbark said state law would prevent the city from awarding contracts in a way that doesn’t serve the public interest.

He said Baltimore’s charter puts more restrictio­ns on government procuremen­t than those of other jurisdicti­ons.

“It kind of can be a little binding,” Garbark said. “We want to give ourselves more flexibilit­y.”

The commission also proposed changing the procedures for setting what size contract needs to be formally advertised to the public (anything over $50,000) and approved at an open meeting by the spending board (anything over $25,000).

Currently the City Council is supposed to set those levels, but the commission suggested giving the board that power and giving the council the ability to review its decision.

Garbark said that change is designed to reflect how the process has worked in practice. The council hasn’t exercised its power and so the decision has been left to the board itself, which is allowed by the charter.

“We wanted to make the charter reflect the way the process actually works,” Garbark said.

But Grant said she is concerned that new thresholds could lead to a less open contractin­g process.

“We want to have transparen­cy,” she said.

Roger Hartley, the dean of the University of Baltimore’s College of Public Affairs, was a member of the review commission. He said the debate about contractin­g mirrors a broader issue running through the group’s work about finding a balance between empowering experts inside city government and being accountabl­e to the public.

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