Levine Cava vows to huddle with commissioners on financial warning flags

A red flag was raised last week about a red flag resolution passed in 2019, for which county commissioners are dissatisfied.

The 2019 Red Flag resolution directed the mayor to notify commission “whenever, among other things, any contract, project, program, department or initiative appears to be at risk…”

The resolution called for “mandatory notifications … as soon as practicable whenever an unanticipated event has occurred which could have a significant financial or operational impact upon, among other things, any county contract, grant, project, program, initiative, or department.”

Several commissioners said they didn’t think that was happening, and the mayor didn’t disagree.

Commissioner Juan Carlos Bermudez sponsored a new resolution, passed unanimously last week, aimed at the same target with a few alterations.

The new resolution calls for the office of the commission auditor “to assist the administration to comply with” the 2019 resolution.

Mayor Daniella Levine Cava agreed with the resolution, at least as a stopgap measure, until clearer legislation is enacted.

Commissioner Raquel Regalado, addressing the mayor, said “we certainly want to make sure in regular conversations with each of the commissioners that you’re bringing to our attention anything that is on your radar screen as well so we can follow up … with your concerns.”

She continued, “I remember when [Commissioner] Rebeca Sosa brought up this item (in 2019) and the whole point was that we wouldn’t have to watch procurement … that the administration would tell us when something was going sideways. That was the whole point of the red flags.

“So, the fact that we have to … circle back and remind everyone about the red flags is a little challenging.”

“Do we need to change this?” Ms. Regalado added later. “I feel like we’re getting like a bit of a runaround.”

Mayor Levine Cava didn’t protest. “Thank you for raising those points,” she said, adding that she was aware that commissioners Regalado and Bermudez have been exploring alternative language that would get red flags hoisted in a timelier manner.

“I would like to sit down with you,” the mayor added. “We (too) would like to propose some things that would create greater clarity for everyone … so we know exactly when the board would like to be notified.

“It goes beyond procurement,” she said. “It’s any operational issue. We … want to bring to your attention anything that is not moving forward as it should.”

Commissioner Bermudez, expressing frustration, said “I think the intent that Commissioner Regalado and I have, which I think most of you share, is try to come back with something that makes procurement more efficient, more effective; something that will be more consistent with making decisions in a timely manner.”

“We just dealt with a contract that was back in 2018-2019,” Mr. Bermudez added, “and we are probably going to be in litigation over that contract because we made the decision to go ahead and change the company that was dealing with the original contract.” A timely red flag report, he said, might have averted the problem.

The contract to which Mr. Bermudez referred, and the impetus for the new resolution, was one to create an advanced traffic management system awarded to Munich, Germany-based Yunex Traffic. After continued compliance problems, the county issued a stop order on the contract.