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Public Scrutiny Key To Prevent Government Workers, Contractors From Getting Too Cozy

Kyle May
/
https://www.flickr.com/photos/kylemay/

After Dave Buck resigned from his job as West Lafayette city engineer and public works director in September, he went to work for private engineering firm Butler Fairman & Seufert – a company that’s done a significant amount of business with the cities of West Lafayette and Lafayette. 

The move raises the question of whether Buck’s new position creates an advantage for his new employer or either city. 

West Lafayette records show the city paid Butler Fairman & Seufert nearly $9 million for engineering work ranging from storm and wastewater projects to rebuilding streets during Dave Buck’s 12-year tenure as city engineer and public works director.

During the same timeframe, Lafayette awarded the company more than $14 million in contracts for similar types of projects, according to city records.

So, with Buck’s institutional knowledge of West Lafayette operations, and his previous oversight of BF&S contracts, does his move to work for the firm give him and his new employer an unfair advantage over other firms bidding on local government projects?

The answer depends on who’s asked.  

West Lafayette Mayor John Dennis – who describes Buck as a close friend – says his former employee may know the inner workings of the city.

But that doesn’t mean his company will have the best design for every project.

“I don’t know how that would change the dynamic of a bid because bids are pretty technical,” Dennis says.  “When you go through the preliminary bidding process there are certain qualifiers that need to be met and it’s a pretty objective standard. So I just don’t know how that would enter into the negotiation.”

Unlike federal and state governments, Dennis says West Lafayette doesn’t prohibit an employee from immediately taking a job with a company that’s done business with the city.

But – aware of the potential appearance of conflict of interest – Butler Fairman & Seufert President John Brand says his company had its attorneys research the rules before hiring Buck.

“They offered the legal opinion that there’s not a conflict of interest,” Brand says. “There are not pecuniary interests for Dave, Dave’s employment to come to work for Butler Fairman & Seufert.”

Attorney Les Meade teaches a course on Ethics, Character and Leadership at Purdue’s Krannert School of Management.   

As a long-time West Lafayette resident, Meade says he hasn’t personally witnessed cronyism in local government.

But he says that’s why public records are subject to scrutiny, so taxpayers can see how much influence an employee has on the city’s business and whether there’s a sudden change in hiring contractors.

“Is there a smoking gun anywhere of some wrongdoing, and if there’s not, I think people are entitled to be given the benefit of the doubt,” Meade says.

Meade says it’s up to voters to hold elected leaders such as the mayor accountable to hire competent employees and appoint responsible people to the boards and commissions that oversee city contracts.

Dennis says adding a restrictions on employees’ careers could make it difficult to hire good, qualified people.

“Financially we can’t compete with the private sector, so if we put additional burdens on them, then that might create a challenge in getting the best and brightest that we can get,” Dennis says.

WBAA reached Dave Buck by phone, but he refused a taped interview, saying he was moving on from his previous post.

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