2022: Jim Desmond Was The Only County Supervisor To Vote Twice Against Ordinances To Improve Contractor Transparency, Which Local Labor Unions Supported

2022: Desmond Twice Cast The Lone Vote Against Two Ordinances To Improve Contractor Transparency

April 2022: Desmond Cast The Lone Vote Against The Two Ordinances To Improve Contractor Transparency During Their First Reading. “San Diego County supervisors Wednesday voted 4-1 in favor of additions to two ordinances to improve contractor transparency by increasing the amount of information contractors have to provide about subcontractors on development projects in unincorporated areas. Wednesday's vote represented a first reading for the county Building Code and Code of Regulatory Ordinance. If supervisors approve a second reading on May 11, those additions will take effect on June 10, according to Board Chairman Nathan Fletcher's office. […] Calling the ordinance additions ‘bureaucratic overkill,’ Supervisor Jim Desmond was the lone no vote.” [ABC 10 News San Diego, 4/27/22]

May 2022: Desmond Cast The Lone Vote Against Two Ordinances To Require Contractors To Provide More Information During Their Second Reading. “The San Diego County Board of Supervisors voted 4-1 on Wednesday in favor of two ordinances that require contractors to provide more information on subcontractors working on projects in unincorporated areas. Supervisors approved a required second reading of the ordinances during the Wednesday meeting, which deal with land use and environmental issues. […] Supervisor Jim Desmond voted no, but didn't elaborate.” [KPBS, 5/11/22]

The Updated Ordinances Would Collect More Information Before A Subcontractor Was Onsite And Require Greater Transparency For Certain Projects

One Updated Ordinance Would Collect Information Before A Subcontractor Was Onsite, Including Verification OF OSHA Or Wage Violations And Special Safety Licenses. “According to the county, the updated ordinance will collect the following information before a subcontractor is onsite: -- subcontractor specialty, name and contact, license number, address and workers compensation policy; -- subcontractor work start and end dates; -- detailed scope of the work done; -- verification of Occupational Safety and Health Administration or wage violations; -- subcontractor Disadvantaged Business Enterprise status, and; -- special safety licenses or training requirements for a subcontractor's scope of work.” [ABC 10 News San Diego, 4/27/22]

The Other Updated Ordinance Would Require Greater Transparency For Certain Projects, Including Multifamily Homes And Right-Of-Way Permits For Energy Transport. “Projects that will require greater subcontractor transparency are: -- building permits for new commercial or residential tracts (five or more lots) and multifamily construction projects (five or more units), commercial tenant improvement projects over 10,000 square feet and projects associated with General Plan amendments and; -- right-of-way permits for transport of energy, water or sewer projects subject to the state prevailing wage; and projects not subject to state prevailing wage (excluding driveways and retaining walls).” [ABC 10 News San Diego, 4/27/22]

Supervisor Fletcher: “These Updates To Our Ordinances Will Make Construction Sites Safer, And Hold Contractors And Subcontractors Who Perform Work In Our Unincorporated Areas More Accountable.” “Fletcher, who proposed a stronger contracting policy, said Wednesday's vote was ‘another important step’ to protect workers. ‘These updates to our ordinances will make construction sites safer, and hold contractors and subcontractors who perform work in our unincorporated areas more accountable,’ Fletcher said in a statement. ‘Having more information available about the subcontractors will allow us to more easily identify bad actors, help prevent workplace accidents and address any red flag before they start working on a job site.’” [ABC 10 News San Diego, 4/27/22]

Supervisor Fletcher’s Office Said The Overwhelming Majority Of Projects Used Subcontractors. “According to Fletcher's office, the county issues between 14,000 and 18,000 building permits and around 2,200 right-of-way permits per year, with the overwhelming majority of projects using subcontractors.” [KPBS, 5/11/22]

• San Diego County Issued Between 14,000 And 18,000 Building Permits And About 2,200 Right-Of-Way Permits Each Year. “According to Fletcher's office, the county issues between 14,000 and 18,000 building permits and around 2,200 right-of-way permits per year, with the overwhelming majority of projects using subcontractors.” [KPBS, 5/11/22]

Local Unions In Southern California Supported The New Rules

Local Union Leaders Supported The New Rules For Contractors. “The San Diego County Board of Supervisors voted 4-1 on Wednesday in favor of two ordinances that require contractors to provide more information on subcontractors working on projects in unincorporated areas. […] According to Fletcher's office, union leaders are backing the new rules.” [KPBS, 5/11/22]

Southwest Regional Council Of Carpenters Regional Manager: “There Are Too Many Subcontractors That Prey On Working Families And Use Exploitation As A Business Model.” “‘There are too many subcontractors that prey on working families and use exploitation as a business model,’ said Doug Hicks, regional manager for the Southwest Regional Council of Carpenters. The board's decision Wednesday ‘ensures we are able to identify the bad actors that plague the construction industry,’ Hicks added.” [KPBS, 5/11/22]

CWA Local 9509 Official Frank Lopez Commended The County “For Taking Action On An Issue That Affects Both Workers And The Public.” “Frank Lopez, an official with CWA Local 9509, said his group commended supervisors and county staff ‘for taking action on an issue that affects both workers and the public.’ Multilayered employment structures ‘can create accountability problems and dangerous conditions at work sites, including in the public right- of-way,’ Lopez said.” [KPBS, 5/11/22]

• Lopez Said CWA Had Seen “Substandard Work Quality And Unsafe Work Conditions” With Subcontracting. “He said that low-road subcontracting ‘is a huge problem in the telecom industry, affecting work quality, worker safety and public safety.’ ‘For example, we are currently seeing a boom in installation of wireless ‘small cell’ technology in our rights-of-way,’ Lopez added. ‘We have seen substandard work quality and unsafe work conditions.’” [KPBS, 5/11/22]

Desmond Said The Proposal Was Not Well-Received By Some Industry Groups And Said “We Should Treat Our Local Builders With Respect And Trust”

Desmond Said The Proposal Was Not Well-Received By Some Building Industry Groups. “The county already collects data on permit-holders, Desmond said, adding the proposal was coming at the wrong time and wasn't well-received by some building industry groups. ‘We should treat our local builders with respect and trust,’ he said. ‘We should be getting out of the way.’” [ABC 10 News San Diego, 4/27/22]

In Discussing The Proposed Ordinance, Desmond Said, “We Should Treat Our Local Builders With Respect And Trust,” And Said “We Should Be Getting Out Of Their Way.” “The county already collects data on permit-holders, Desmond said, adding the proposal was coming at the wrong time and wasn't well-received by some building industry groups. ‘We should treat our local builders with respect and trust,’ he said. ‘We should be getting out of the way.’” [ABC 10 News San Diego, 4/27/22]

Desmond Argued Further Regulation Would Slow Housing Projects And Increase Costs. “Calling the ordinance additions ‘bureaucratic overkill,’ Supervisor Jim Desmond was the lone no vote. He argued that further regulation will only slow badly needed housing projects and increase costs.” [ABC 10 News San Diego, 4/27/22]