Novick v. Myers
Novick v. Myers
Opinion of the Court
The modified ballot title for Initiative Petition 38 (2002) states:
“AMENDS CONSTITUTION. FOR PUBLIC-WORKS CONTRACTS: ELIMINATES COMPETITIVE-BIDDING EXEMPTIONS, REGULATING WAGES/BENEFITS; PROHIBITS REQUIRING LABOR AGREEMENTS
“RESULT OF ‘YES’ VOTE: For public-works contracts, ‘yes’ vote eliminates competitive-bidding exemptions, regulating wages/benefits, and requiring prevailing wages; prohibits union-worker preferences and requiring labor agreements.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains laws requiring awarding some (but not all) public contracts to lowest responsible, qualified bidder; and payment of prevailing wages/benefits and overtime.
“SUMMARY: Amends constitution. Current law requires awarding certain public contracts through competitive bidding to lowest responsible, qualified bidder; exemptions allow other contracting methods for other contracts; requires paying prevailing wages (wages/benefits paid locally on similar projects) and increased pay for overtime. Measure requires that all contracts for public-works projects (including contracts for public buildings’ furnishings, fixtures) be awarded to contractor submitting lowest bid to provide not less than the quality of work or product necessary to meet project specifications. Prohibits project requirements that: include any project labor agreement,*524 regulate laborers’ or subcontractors’ wages/benefits (including requiring prevailing wages), require contractors to pay wages/benefits in amounts greater than amounts that would be required in Oregon’s private sector, prefer contractors using union workers. Other provisions.”
The modified ballot title is certified. The appellate judgment shall issue in accordance with ORS 250.085(9).
Reference
- Full Case Name
- Steven NOVICK v. Hardy MYERS, Attorney General, State of Oregon
- Status
- Published