By Paul J. Condra
The Wicks Law is one of a number of areas where local mayors hope to influence the next legislative session, but because it is so disliked, many in government are hoping for success.
[The Wicks Law] is a complete hoax, said Peter Ledwith, Lynbrook Village attorney, adding that the Wicks Law has been known to increase the construction costs of projects by 30 percent.
Widely favored by workers' unions, the Wicks law requires that public building projects over $50,000 not be handed over to a single contractor, but that every aspect of the construction concrete, electric, plumbing be open to individual bids.
Generally, construction projects are awarded to one contractor who then accepts individual bids on each part of the project.
According to the New York Conference of Mayors, open bidding invariably increases the cost of public works programs for many reasons. They say administrative costs are increased because reviewing bids, awarding contracts and processing payments must be done for multiple contracts and not just one. In addition, local governments are responsible for the individual contractors as opposed to a lead agency.
With the Wicks law "there's no intra-trade bargaining going on," Ledwith said, which, he added, is the driving force in a free market that keeps prices down.
In a study by the New York State Division of the Budget, repealing the Wicks Law would save the state, local government and school districts $500 million annually.
And for local officials already upset at the decline of state aid over the last 10 years, the Wicks Law is regarded as a barrier to easing fiscal pains.
According to information from the New York Conference of Mayors, while state funding spending has increased $14.3 billion since 1995, local governments received 1.7 percent, or $239 million.
"Mandate relief will not cost the state a penny, and in the case of Wicks Law reform, will save the state millions of dollars and will enable local governments to provide essential services in the most effective manner," said Rockville Centre Mayor Eugene Murray.
But if government officials don't like the Wicks Law, they understand the strength of the unions that support it. Union authorities fear allowing government to award large projects to one contractor opens the door to corruption.
In an article that appeared in the Rochester Democrat and Chronicle, Ron Behan, president of the Rochester Building and Trades Council, points out why he supports the Wicks Law:
"While everyone agrees that Wicks limits need some realignment, elimination of the Wicks Law would mean that the process would become rampant with 'bid-shopping' whereby qualified, responsible contractors are pushed out by unscrupulous contractors who ignore safety regulations and workers rights to provide the lowest bid."
Still, some in government can't help but point out the money that could have been saved on public projects had there been no Wicks Law.
Lynbrook Mayor Eugene Scarpato said the new village pool which was completed by last summer would have cost the village $1.7 million under a single contractor, instead of the $2.8 million the village actually paid.
He said repealing the Wicks Law is one of his top lobbying priorities.
Malverne Mayor Anthony Panzarella said the relief of the Wicks Law is essential to keeping property taxes down.
"Shifting the state's fiscal problems onto the already overburdened local taxpayer would be a terrible mistake," Panzarella said.
On a state level, Gov. George Pataki's office has indicated that it too views the Wicks Law as outdated and in need of reform. In a press release last year when the Governor granted Buffalo school districts temporary Wicks exemption to build needed school buildings, Pataki called the law "an outdated mandate that unnecessarily increases local construction costs."
But whether it will be repealed has yet to be seen, especially considering the strength of the union lobby.
"Those in the legislature are just too chicken of the union to vote against them," Ledwith said.
