criteria contained in the RFP and shall be conducted by a Selection
Committee comprised of the Director of Finance, Department Head,
Bureau Manager, and any other staffing appropriate. He stated that
obviously, this is a City Council investigation and it doesn't neatly fit into
those parameters so for an example: There is no Department Head for
City Council, there is no Bureau Manager for City Council, but the issue has
arisen whether the Director of Finance should be included in the selection
process. He stated that the thought was that the way to handle this with
trying to get this in front of City Council would be for this committee to
entertain a Resolution tonight and the Resolution just like any other
committee you will be forwarding it to Council either with a
recommendation or unrecommended and then Council will have the
opportunity to vote on that Resolution. He stated that is the legal
background. Perhaps the Clerk can talk about the content in terms of what
the Resolution would propose. Essentially, the Now, Therefore.
Mr. Michael Hanlon stated if they would pass this Resolution, you are sort of
recommending that the Director of Finance nor anyone from the
administration to participate in scoring or be present during the process to
select a response. The Purchasing Agent would still be there and as you
know, the Purchasing Agent attends to the scoring, sets up interviews, sets
up the questions. It is not like nobody is going to be there. The Purchasing
Agent will be there. She will guide you through the Technical Evaluation
and then she will guide you through opening the Cost Proposals which
comes after the Technical Evaluation and should you want to do interviews,
the Purchasing Agent would run through the process. The Purchasing
Agent is very good (inaudible).
Attorney Charles Smith stated that she would essentially be there and
present, but she would not be a scorer.
Mr. Ed Zucal stated with that said so the purpose of this Resolution is
because several parts of the administration are involved in the investigation
and one of those may or may not be the Finance Director. It is their belief
by having her or him be part of the scoring system is an inherent conflict of
interest. It would be no different than if he was in Lehigh County Court
before a jury of homicide and his Defense Attorney would allow him or
hope for him to be able to pick his jury. He really doesn't think that the
District Attorney would probably handle that too kindly. That is how he is
trying to compare it so that they get a clear understanding on where they
are. He asked if anybody else on the committee has any questions.
Mr. Daryl Hendricks stated that he just wants to make a comment. In other
words, the Purchasing Agent would be the De facto Bureau Head in place
of any other Bureau Head that would not be there and should not be there.
It serves in that same purpose, really.
Mr. Ed Zucal stated in reality she is part of the administration, but not part