The city of DeKalb announced Tuesday that it will consider making possible changes to its policies about aldermen working on city contracts.

This comes after DeKalb Mayor Kris Povlsen and City Manager Mark Biernacki have received several questions regarding Third Ward Alderman Victor Wogen’s involvement in city contracts.

Wogen’s company, Masonry Works, LLC, held six contracts with the city during the summer of 2008 to do masonry work in the downtown area. Wogen’s company, which is not currently operating, was responsible for doing masonry wall repairs at 229 E. Lincoln Highway, 235 E. Lincoln Highway and 231 E. Lincoln Highway as well as repairing the wall facade at 345 E. Lincoln Highway and two other contracts.

“All these jobs we did, we were the lowest bidder on,” Wogen said.

Biernacki stated that the motivation for accepting Wogen’s bids was to accomplish things that needed to be done and be cost-effective while doing so.

“Our intentions were good in that we tried to have these projects done at the lowest cost to the taxpayer,” Biernacki said in a press release.

City Attorney Norma Guess said in a press release that aldermen can do business with the city “provided certain procedures and state statutory limitations are followed.”

“According to our city attorney, no laws have been broken,” Povlsen said. “We went out to get a quote and Victor came in with the lowest quote.”

Wogen also checked with Guess prior to putting in the bids.

“We checked with the city attorney to make sure there was no conflict of interest,” Wogen said.
Biernacki said that this issue of aldermen working on city contracts was on a list of various things that the council was to address as part of its longer term review and overhaul of financial policies.

Povlsen wanted to bring this issue before the council sooner.

“From my point of view, this is a lack of transparency,” Povlsen said. “We want to show that I am not a crook and that the city manager is not trying to do business out the back door.”
Sixth Ward Alderman Dave Baker does not feel that there is a need for a change in the municipal code.

“There are already state laws in place to have aldermen recluse themselves from votes if they have a personal gain from the vote,” Baker said. “I don’t really think the system needs to change.”
Wogen has no issue with this decision.

“If the community feels that aldermen shouldn’t be able to do [this], then I have no problem with that,” Wogen said.

Povlsen hopes that the council will do one of two things.

“I think there are plenty of business-people in the city that we can one, ban alderman from city business altogether or at the very least, have business with city council members brought to a public forum,” Povlsen said.

In Chapter 2 of the Municipal Code, titled “City Council,” “If a member has a direct financial interest, or is interested in a matter before the council, the member shall not speak or address the council or any other city body on that matter. He shall advise the council that he has a direct financial interest in the matter prior to any other council discussion or action on the matter.”

The state law also states that if the lowest quote happens to be from a city council member or the employer of a city council member, then that city council member must abstain from voting on the award if its approval requires city council action.

Currently, there is no ordinance directly prohibiting alderman from holding contracts with the city.
According to state and city law, projects less than $20,000 can be administratively approved by the city manager without council action.

None of Wogen’s projects were more than $20,000 and according to the press release, the total of the six separate projects was $52,880.

“We all had careers before we became alderman,” Wogen said. “But I don’t really have an issue with the city considering this.”

The city council will discuss this issue at the committee of the whole meeting on Monday, Oct. 26 at 6 p.m. at the Municipal Building, 200 S. Fourth St.

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