The Time to Change County Contract System Is Now

Orange County has tended to tighten its rules on money and influence only in times of scandal, such as the forced resignation of a supervisor or the declaration of bankruptcy.

That is understandable, because cataclysmic events should be a motivation for improvement. People who fail to examine disasters with an eye to preventing their recurrence run the risk of stepping in the same hole twice.

But as time goes by, the impetus for reform can fade, much as the resolutions made in high spirits at the new year are covered with dust by August. So business people and activists are right to be concerned by the delay in the possible reformation in Orange County’s procedures for issuing contracts. It is a system that has needed overhaul for quite some time.

The practice long has been for county staff to winnow applicants for county contracts to a final three and present their names to the five supervisors to pick the winner. Staffers do not rank the finalists.

Supporters of the current system say it ensures that elected officials made the decision. Otherwise, the argument goes, office-holders would be put in the position of giving a thumbs-up or -down to a decision made by some of the “faceless bureaucrats” so beloved as punching bags by government critics.

The difficulty in Orange County has been that once the finalists are announced the lobbyists enter. Lobbyists contend that they are helpful to the supervisors in explaining the virtues of their clients and supplying information that staff might have neglected to mention. The lobbyists, handsomely paid, are strong supporters of the current system.

Lobbyists are also a key source of funds for county officials running for election. Beyond their own contributions, they often hold fund-raising events for candidates. That increases the take for the politicians and boosts the influence of the lobbyist.

Don Saltarelli, who stepped down as supervisor this month, admitted last year that “the public perception” holds that “if you have the right lobbyist, you will get the business.” Saltarelli said that is untrue, but the perception persists. One reason for the perception is that for more than a decade no contract worth $1 million or more was won by a company that did not employ a lobbyist.

After Orange County declared bankruptcy two years ago, officials from Wall Street testified that to win Orange County’s financial business they had to contribute to the politicians. Last year, supervisors rightly ended the process, barring the county from awarding contracts to companies contributing to them.

But a needed additional step would be one urged for years by professional societies, including those representing architects and engineers, who are candidates for government business. The new and improved way of business would have county staff either rank the top three bidders or submit the name of just the best company.

The supervisors would still have the power to choose. But it would be better to omit the lobbyists and rely more on county staffers. After all, the staffers are professionals who are hired and paid to evaluate the worth of firms. Let them do it, and let the supervisors heed their recommendation or spell out publicly in detail why not.

More than three years ago, the supervisors banned gifts from firms that had done business with the county in the previous 12 months. That came after Supervisor Don R. Roth resigned and pleaded guilty to not reporting gifts he received, and voting on matters affecting the donors.

Now the supervisors have the chance to tighten the rules again, as recommended by two panels that studied county government after the bankruptcy, by the county grand jury, by good government activists, and by professional groups. The reformers’ arguments are persuasive. The county should act soon.