2017 Proposed Ballot Initiative

An initiative creating a public petition process by which the debarment or suspension of potential city vendors may be requested.

An initiative relating to city procurement policies and procedures, by amending Boise City Code section 1-11 to add subsection 04, entitled “public petition for debarment or suspension;” defining key terms; creating a petition process by which the debarment or suspension of a potential city vendor may be requested; requiring certain information to be included in a petition; identifying potential grounds upon which a petition for debarment or suspension may be based; requiring petitions to contain no less than 1,000 signatures of city residents 15 years or older collected within the 180 days prior to petition submission date; requiring the petition include the notarized signature of the petitioner or his authorized designee, taken under oath, certifying that the signatures are from city residents over the age of 15 years; requiring the city’s purchasing agent to immediately investigate the causes and grounds for disbarment or suspension and issue a decision either approving or denying the petition within 30 days; requiring purchasing agent to implement his approval of a petition for disbarment or suspension; setting forth the required content of the purchasing agent’s written decision denying a petition; providing petitioner with a right to appeal purchasing agent’s petition denial; and establishing appeal deadline.

Chapter 1-11 of Boise City Code shall be, and the same is amended to include the following Section:

Section 1-11-04 PUBLIC PETITION FORE BEBARMENT OR SUSPENSION

The City of Boise takes seriously its authority and commitment to the City's policies and regulations regarding socially responsible investing and socially responsible business practices. When for any reason, a public petition requesting debarment and/or suspension of a a person or business for cause from consideration from award of contracts is received by the City Clerk, the City Clerk shall transmit the petition to the Purchasing Agent and the City Attorney for a decision to take or to refrain from taking administrative action pursuant to the City's authority to debar and/or suspend an award of contract.

A. Definitions.

1. City Resident: Boise City Residents are those residents living within the city limits.

2. Petitioner: The person or organization who submits a petition pursuant to this Section.

B. Public Right to Petition. A public petition (including any attachments) must be submitted in accordance with the following paragraphs, as applicable:

1. The public petition must be submitted to the City Clerk;

2. Petition format. The public petition must include:

a. Petitioner Contact. The name and mailing address of petitioning person or organization;

b. Business. The name and mailing address of the person or business subject to the debarment and/or suspension petition request;

c. Statement of Cause. The petition must identify the applicable contract and include a clear and plan description of the reason(s) for the request including a full statement, in well-organized format, of the factual and legal grounds for the request, including all relevant information, views, and authority on which the petitioner relies. Causes for debarment or suspension may include:

1. any cause for which the Purchasing Agent has authority as provided by this Chapter;

2. nonconformity with applicable City policy or regulation regarding socially responsible investing or socially responsible business practice;

3. any other cause the Petitioner determines to be so serious and compelling as to effect responsibility as a City contractor.

e. Boise Resident Signatures. The attached signatures of persons who are, at the time of signing, City Residents over the age of fifteen (15) years old totaling in number not less than one thousand (1,000), collected within the previous one hundred eighty (180) days of the day on which the petition is submitted; and

f. Certification. The petition must include a statement and the notarized signature, taken under oath, of the petitioner or of any person authorized by the petitioner who is a qualified elector, certifying that, to the best of the knowledge and belief of the petitioner, the signatures attached are of persons who were, at the time of signing, City Residents over the age of fifteen (15) years old.

C. Investigation. Upon receipt of a public petition, the Purchasing Agent shall immediately investigate the causes and grounds as stated on the petition and in addition shall investigate whether any other potential causes or grounds for debarment or suspension exist.

D. Decision. Within thirty (30) days of City Clerk's receipt of a public petition, the Purchasing Agent shall issue a response. The response shall either:

1. Approve the petition, in which case the Purchasing Agent shall take appropriate action implementing the approval, including providing the person or business subject to debarment and/or suspension written notice and all other due process pursuant to the Purchasing Agent's authority to debar or suspend as provided in this Chapter; or

2. Deny the petition, in which case the decision shall include a statement or reasons for the denial, including a statement as to whether the Purchasing Agent's investigation revealed that any causes for debarment or suspension exist, and shall inform the petitioners of their right to the administrative review of the City Council.

E. Right to Appeal. The petitioner may appeal to the City Council any denial of a petition within 14 days of petitioner's receipt of a written notice of denial by filing notice of appeal with the City Clerk.