WASHINGTON COUNTY, ARKANSAS, Ark. — Washington County took another step forward with its COVID Mitigation Project plans Thursday afternoon, opening all bids submitted to the county for work on the project.
"Anything over $35,000 in the State of Arkansas, we're mandated by state law as to how we go about doing those bids," County Attorney Brian Lester said. "They're all opened publicly at the same time, and the bids are read so that people know what those bids are."
After the bids are opened, the county then assesses each business and their qualifications.
"The price is one aspect of maybe 15 that we go through and that bidders have to have. There are things like bid insurance. We've got to look at the number of [people in] the company, the length of time, how big the business is, other projects," Lester explained. "This process is to go through review each one of these bids, make sure they meet all the qualifications, and then we'll go through the process of the lowest bidder at that point."
While the meeting on Nov. 21 was open to the public, some questioned why it wasn't publicized.
"It was not advertised on the county website. It was not advertised on the county calendar. It wasn't on the county bidding," Justice of the Peace for District 9 Beth Coger said. "The public is very interested in this, because the public doesn't want the jail. So why, even if they didn't have to advertise it on the county website and on the county calendar? Well, not just go ahead and do it and let the people know about it."
Lester said the county technically doesn't have to do any of it, but they normally post bids on the county's website. It's up to the company managing the project.
"The state law says it has to be posted in certain places. It's posted on the paper of general circulation in the county, which we've done, that's the one requirement," Lester said. "Under FOIA law, for a meeting of a governmental body, you can be asked to be put on a list to be notified of all of those meetings. This was not a meeting of the governmental body."
The county is using almost $18.8 million in American Rescue Plan Act funds to pay for the project. The county said they are right now not able to separate or quarantine the inmates because of overcrowding. They plan to create smaller housing units and more storage space for things like food, operational equipment, and general supplies. They also plan to add 88 beds.
Questions arose on if the county is allowed to use that money to upgrade the jail. Lester said they are.
"One of the things that it lists explicitly as a use is for building emergency operations centers, which is what we're doing," Lester said. "It talks about improvements that can be made to your current congregate care setting, which it defines a jail as congregate care, just like it does a hospital."
Coger said it violates federal treasury guidelines.
"The medical facilities should be updated, and they could use an expansion. But it shouldn't be paid for with ARPA money. It's not allowed. If the county wants to fund that, the sheriff has a huge budget. Let them fund it," Coger said. "If the inspector general at some point decides that we misused ARPA money, even any amount of it, they can do a claw back, and the taxpayers of Washington County would be on the line for that."
Arkansas Justice Reform Coalition filed a lawsuit back in June against Washington County, claiming that officials misused federal COVID relief money on plans for a jail expansion.
"We are hiding things in darkness and are not willing to really work with our constituents, not willing to be honest and open and forthcoming. I want transparent government," Sarah Moore, Executive Director for AJRC said. "We could use that money to really solidify our community through things like housing that we're in crisis with, giving people educational opportunities, expanding health care."
Moore said the county has filed a motion to dismiss the case. She said they're currently waiting to hear from a judge before they take the next steps.
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