Sanctuary city, transparency bidding matters stay on deck

LANSING - City Council decided Monday to put two controversial proposals on hold. Both could be revisited at a later date and are bound to generate more public attention.

The first, a proposed "transparency in bidding ordinance" was pulled from council's Committee of the Whole agenda.

The second, a resolution that would affect how the city treats undocumented immigrants, wasn't put on council's committee or general meeting agendas.

The bidding ordinance would, if approved, require developers who receive incentives for projects — tax abatements, payments in lieu of taxes, brownfields credits, etc. — to publicly disclose the distribution, opening and awarding of bids for construction work and other related services.

Failure to do so would allow the city to "take whatever action legally permissible to revoke any economic incentive pursuant to the development agreement."

At-Large Council Member Carol Wood said after Monday's meeting the proposed ordinance "will not go away."

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The bidders ordinance wouldn't apply to projects with a private investment under $750,000, bid packages projected to be under $25,000 or industrial projects. Passage of the ordinance wouldn't require developers to hire local contractors. But they would have to post bid openings at City Hall, community centers and other city-owned buildings with the date, time and location for a response.

At-Large Council Member Kathie Dunbar questioned why the bidders ordinance was pulled from the committee agenda.

First Ward Council Member Jody Washington pulled the item "due to unforeseen circumstances" and referenced recent conversations she had with Lansing Regional Chamber of Commerce officials and labor leaders. Monday also marked the day Mayor Virg Bernero surprised council members when he posted on his Facebook page that he won't seek a fourth term this fall.

On Tuesday, Washington said she would like council to revisit the bidders ordinance in about 10 months — after the Nov. 7 city election. The election will determine who will fill Bernero's seat and four council seats.

"I think with a new mayor we can achieve what we want to achieve under less contentious conditions," Washington said.

Both the chamber and Bernero opposed the bidders ordinance because of concerns that added regulations will drive economic development away from the city. Several labor and union groups support the ordinance because they believe it would give job opportunities to more local workers and hold developers more accountable.

Dunbar said she came into the committee meeting ready to study the bidders ordinance and prepare to vote on it. After the meeting, Dunbar still didn't understand why the item was pulled.

"I don't know why it is in the best interest of the city to pull it now," Dunbar said. "I came in ready thinking it was ready to move (for a vote), and I had stuff to say."

The terms for Dunbar, Bernero, 2nd Ward Council Member Tina Houghton, 4th Ward Council Member Jessica Yorko and At-Large Council Member Judi Brown Clarke all expire on Dec. 31.

Sanctuary standstill 

Council's proposed resolution about the treatment of undocumented immigrants also appears to be a complicated matter.

Several members of the activist group BAMN — By Any Means Necessary — want the Lansing to become a "sanctuary city." Many attended Monday night's meeting and believe the designation is needed so the city's undocumented immigrants know local police won't cooperate with federal authorities who might want to deport them.

Lansing has already deemed itself a "welcoming city," but doesn't have its Police Department ask people for their immigration status when they interact with them.

Council President Patricia Spitzley said Monday night that council won't take up the sanctuary city matter at its next meeting on March 13. It likely won't be brought up again until March 27.

Dunbar reassured those in the audience a potential sanctuary city resolution remains "on the radar" and said she has no reasons to believe any other council members think otherwise. She's studying language for a new resolution draft.

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Crafting of a resolution, however, appears to be a challenge.

"There are ways to wordsmith all of this, and we are looking at techniques used in different communities," Dunbar said.

A recent draft of council's resolution made public this month states the city would join a "growing list" of cities, townships, counties and states across the country that declare themselves "sanctuary" jurisdictions, "welcoming" communities, cities of "refuge" and the like.

City Attorney Jim Smiertka wrote this month in a memo to council that a sanctuary city status may expose the municipality, City Council members and police department to "possible federal criminal sanctions."

Smiertka also wrote in the memo that a resolution directing Lansing police on how to carry out their duties falls outside of the power granted to the council by the City Charter. He added that creating such a resolution directing police officers on how they should or shouldn't interact with the public could expose Lansing to liability under civil rights claims.

Eric Lacy is a reporter for the Lansing State Journal. Contact him at 517-377-1206 or  elacy@lsj.com Follow him on  Twitter @EricLacy.