Opposition Argument to San Diego's Anti-PLA Ballot Measure Filed

March 22, 2012 - Opponents of Measure A, the effort to ban PLAs in the City of San Diego, have filed their ballot arguments urging voters to defeat the measure.  The No on Measure A ballot argument follows.

There are serious implications to Prop A. Read the law.

1.  California Public Contract Code Section 2500 already requires that Project Labor Agreements be “fair and open.”

Specifically Section 2500 states:

• PLAs must allow both union and non-union contractors to compete.

 • PLAs must prohibit discrimination of any kind (including discrimination based upon non-union or union membership).

 • PLAs require drug testing of workers.

Law: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=02001-03000&file=2500-2502

2. Prop A’s prohibition of PLAs could cost the City hundreds of millions of dollars.

 Specifically, CPC Code 2502 provides that if a City prohibits its council from considering PLAs the city shall be disqualified from state construction funding.

• According to the Independent Budget Analyst, the City received $158 million in state construction funding in 2011.  

• Prop A unnecessarily risks the loss of these funds without providing any taxpayer benefit.

IBA analysis, see last page at: http://www.sandiego.gov/city-clerk/elections/city/pdf/fairandopencompetition.pdf

Law: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=02001-03000&file=2500-2502

3. PLAs are NOT mandatory in San Diego. They are an option that can provide important additional taxpayer protections.

 PLAs are an effective risk management tool used by both private and public sector managers to control construction costs on large projects.

 PLAs are critical tools for assisting veterans re-entering the civilian workforce.

4. Prop A’s Internet Posting language actually reduces transparency.

• City policy already requires the posting of all contract details on the Internet. Prop A requires the deletion of selected company information at taxpayer expense (see Independent Budget Analysis).

IBA cost analysis, see last page at: http://www.sandiego.gov/cityclerk/elections/city/pdf/fairandopencompetition.pdf

Current Policy:  http://dockets.sandiego.gov/sirepub/cache/2/exepkfyjjzt0kpurbqfzki55/40842903222012065206564.PDF

We have carefully read the law and Prop “A”. We recommend a “NO” vote on Prop A.

Matthew P. Caulfield - Major General, United States Marine Corps(Ret)
Scott Barnett - President, San Diego Taxpayers Advocate
Shad Jefferies, J.D. - Professor of Business and Real Estate Law
Donna Frye - Business Owner/former Councilmember

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