I recently received an email from IndyCAN–the Indianapolis Congregation Action Network–a consortium of congregations working to build civic capacity in moderate and low-income communities. The mailing raised legitimate questions about the Justice Center project that the Administration seems to be “fast-tracking.” (I hate to be suspicious, but the goal appears to be creation of a “fait accompli” before Open Door law requests require disclosures of terms and partners, and before an election that might force a change in the “players.”)
I’ve previously posted my concerns over the contract process; IndyCAN raises other issues:
“IndyCAN members have been digging into the proposal to build a new criminal justice center and what we’re learning is troubling.
While the details have been kept secret, we believe that city officials are rushing ahead with a plan this fall that would cost as much as half a billion dollars and add 1,500 new jail beds.
This at a time when many cities are shifting away from policies that overcrowd jails with low-level nonviolent offenders and fuel racial inequality, choosing instead to invest in rehabilitation, and open up job opportunities that keep people out of prison.”
I don’t know whether these concerns are justified–and neither does anyone else, because the Ballard Administration has refused to disclose the bases upon which it made its decisions about the proposed facilities: documentation of need, size, cost, financing mechanism, method of choosing (“pre-qualifying”) bidders….all that has been kept secret, not just from the public, but also from members of the City-County Council.
An IBJ editorial in early September said it better than I can:
The city might be negotiating a sweet deal for Indianapolis taxpayers over the proposed $500 million justice center to be built across from the Indianapolis Zoo on the former site of General Motors’ stamping plant.
Or, taxpayers might be getting a bad deal.
There’s no way to know whether either is the case, because Mayor Ballard’s administration has kept secret details of its bidding process. That lack of transparency is bad government and violates the spirit of Indiana’s open-records law.
In April, the city issued a request for proposals for an all-inclusive project-management contract, in which a developer would design, build, finance, maintain and operate the new jail and courts facility. Of five companies that responded to the RFP, the city chose three finalists. Bids are due in October, and the City-County Council will likely vote on the arrangement early next year.
Ballard officials say such a package will provide a sparkling new building with improved city services—without a tax increase. They say the new contract—likely for a 35-year term—will cost the city no more than the annual $123 million it now spends to operate courts and corrections.
And they ask us to take their word for all of that. Everyone else is left to guess.
Putting terms of deals in the public realm while they’re still in the works isn’t just good government. It also can lead to better deals, as was the case in 2010 when public input led the Ballard administration to amend terms of its parking meter privatization.
The Mayor’s Office has cited no exception to state law that would explain why it has provided to justice center bidders but not to the public the maximum fee such a contract will require, why it refuses to release the RFP document, and why it won’t disclose calculations on what the project will cost taxpayers.
This is not the first, or even the second, time the Ballard administration has asked us to accept on trust that it is a wise steward of taxpayer funds. Examples include the development of the former Market Square Arena site, the Mass Ave fire station land swap, and the Broad Ripple parking garage and retail space at College Avenue and Westfield Boulevard….
Trust is not an entitlement; it is earned. Transparency and respect for the law are the surest ways for the Ballard administration to earn it.
Lack of transparency is an invitation to suspicion and cynicism. This Administration has repeatedly issued that invitation.