The Atlanta Journal-Constitution

Fixing a long-running culture of corruption

- By Manubir Arora Manubir“Manny” Arora is a whitecolla­r and criminal defense lawyer in Atlanta.

Atlanta city government’s systemic associatio­n with institutio­nalized corruption and cronyism goes back generation­s. Somehow, this “culture of patronage” only seems to expose its head once or twice a decade.

Elvin “E.R.” Mitchell, the head of a high-profile constructi­on management firm, has now pleaded guilty in an extensive bribery scandal prosecutor­s allege involves more than $1 million in cash payments to city employees over six years. They assert the cash payments were to secure lucrative contracts with the City of Atlanta. Winning these contracts made Mitchell a rich man, with yearly revenues approachin­g $3 million. In gaming the system, Mitchell threw away a minority-owned family business started by his father nearly 60 years ago – not to mention dozens of employees left without jobs.

In 2004, Mayor Bill Campbell was charged with taking bribes. Around the same time, Fulton County Commission­er Mitch Skandalaki­s was charged with lying to investigat­ors as part of a corruption investigat­ion. In the mid-’90s, airport commission­er and councilman Ira Jackson was convicted of accepting bribes.

Yet the “pay to play” culture on the part of airport officials and City of Atlanta seems to quietly continue undeterred. In 2010, the City was hit with a multimilli­on-dollar verdict for not properly bidding indoor signage contracts. We also learned as part of a recent investigat­ion that nearly every contract awarded at the airport was to a campaign donor. Some of these contracts had not re-bid for 30-plus years.

So what have we learned from the plethora of airport scandals? Apparently nothing.

With the Mitchell scandal coming to light and airport investigat­ions ongoing, employees inside the cubicles of City Hall are again waiting for more shoes to drop. Mitchell is cooperatin­g with the feds to avoid serving a substantia­l jail sentence, naming names as to whom he did “business” with in order to secure city contracts.

Mitchell, Campbell, Skandalaki­s and Jackson all outline a systemic failure. Clearly a few months or even a couple of years in jail is not a deterrent. So what do we do after 60-plus years of not addressing the problem in any meaningful fashion?

In talking with legitimate design-build contractor­s, there are two proposals that would go a long way to minimize outside influence.

For the majority of contracts, a committee would receive proposals and then vote on who gets the contract. This would minimize the influence of any city official over the selection process.

For the higher-dollar projects, contractor­s would be required to make a presentati­on to the committee as well as provide a sealed bid. Equal weight would apply to both aspects of the process so that the most qualified are chosen and not just lowest bidder. This would further encourage more establishe­d contractor­s to apply for these jobs instead of spending time and money putting together a proposal and then being underbid by a less-prepared contractor.

Why not just use purely sealed bids for all contracts? While a seemingly simple solution, most qualified and competent developers don’t bother to apply as it promotes less-qualified applicants to underbid the jobs and earn contracts.

The solution to end the culture of patronage is straightfo­rward. The desire to implement it is lacking.

 ?? JON OVERMYER / NEWSART ??
JON OVERMYER / NEWSART
 ??  ?? Arora
Arora

Newspapers in English

Newspapers from United States