$375 for graphics work on TV election advertisement gets scrutiny from Monroe County commissioners

A $375 item for graphics work on a TV ad to promote voting in the 2023 municipal election drew some discussion from Monroe County commissioners at their first regular meeting of 2024 on Wednesday morning.

It was not the dollar amount that they were concerned about.

Getting the attention of commissioners was the fact that the memorandum of understanding (MOU) with the vendor, Wood Innovative Group, lacked some elements of a standard county contract. As described by county attorney Jeff Cockerill at the meeting, those elements included “a lot of boilerplate language… [like] insurance and other requirements that we typically would see.”

According to the note on the meeting agenda, “This MOU does not comply with the normal criteria for MOUs approved by the County.”

The item still got a 3–0 vote of approval from commissioners, based on the next part of the note that says, “It does, however, define the scope of work already performed and the price for such work.”

At Wednesday’s meeting, commissioners also conveyed to Monroe County clerk Nicole Browne, who presented the item about the graphics, that in the future they wanted to see a contract for approval before the work is done.

The note on the agenda stated: “It was explained to the vendor and the Clerk that in the future a MOU that corresponds with the County’s criteria will be required prior to the commencement of any future work.”

Wednesday’s item about the election graphics fits a pattern of friction between commissioners and the county clerk, about election-related topics.

Browne told commissioners on Wednesday that her main concern was that the vendor, a small businessman Morgan County, is paid for the work that he has done. About the missing elements of the MOU, Browne said, “I’d be honored if I could have a template of the MOU so that going forward, it can be addressed in advance and get your signature.”

About the idea that an MOU is required, Browne “This has never happened before,” adding that the TV advertisement promoting election participation had been run since before even her predecessor was clerk. “We were never asked for any MOU,” Browne said. She continued, “I never knew that was something that was done—especially for a bill as small as $375.”

Responding to a remark by commissioner Julie Thomas, county attorney Jeff Cockerill clarified that there is not a key distinction between an MOU and a “contract” per se. The key idea is that all service agreements, whether they are called an MOU or a contract, have to be approved by the county commissioners.

Responding to a question from The B Square after the meeting, Cockerill said that Monroe County’s local code spells out the fact that services provided to the county by a vendor have to be supported by a contract that is approved by the board of commissioners.

The section of county code reads:  “A contract for services must be reduced to writing and approved by the Board of Commissioners, during a public meeting, prior to work being performed.”

Administrator for the commissioners, Angie Purdy, responded to Browne’s allusion to the small dollar amount by stressing that a contract is required for any services, no matter how small the dollar amount. Purdy told Browne, “I think that may have been what caught you off guard—was you thought it was a smaller amount and therefore didn’t meet the criteria.”

Purdy continued by saying that she believed county attorney Molly Turner-King had provided a contract for the graphics work, but that the vendor did not want to sign it because it included additional items. “That’s why we have this somewhat non-conforming agreement before us today,” Purdy said.

Purdy responded to Browne’s statement that no such MOU had ever been required in the past by saying, “Just because it wasn’t done in the past doesn’t make it right.”

Late last year, the payment for the TV ad itself was the subject of similar security by county commissioners.

At its Nov. 8 meeting, commissioners retroactively approved a $2,500 agreement with Effect TV for the broadcast of the TV advertisement promoting participation in the election.

Addressing the timing of the request for approval of the agreement, at the Nov. 8 meeting, commissioner Penny Githens said, “I just want to remind all department heads, elected officials, that there is a standard procedure for submitting items for review.”

Githens added, “It’s not the intention to delay things at all.” Browne responded, “Mine, either.”

Commissioners had discussed the TV advertisement at a work session a week earlier, on Nov. 1.

At the Nov. 1 work session, Githens said that she wanted to see participation in elections promoted, but she told Browne, “Usually we get contracts signed before something like this goes into effect.” Githens continued, saying “And there also was a problem because one of the ads had to be pulled.”

One of the commercials, which was pulled from the rotation, stated incorrectly that that only registered voters in the geographic boundaries of the city of Bloomington were eligible to vote in the election. Also eligible to vote in that election were residents of the Monroe County Community School Corporation boundaries, even those who live outside Bloomington city limits.

At the Nov. 1 work session, Browne described the delay in getting the contract in front of commissioners for approval by saying, “The month of September, just got away from all of us, ramping up for early voting.”

Browne noted that in that timeframe there were two conferences she had to attend. Browne also alluded to the fact that chief deputy clerk Tressia Martin resigned at the end of July.

The number of challenges she faced in that general timeframe “doesn’t even factor in, if a meeting was canceled by the commissioners,” Browne said. That was an allusion to the fact that county commissionaires canceled their Sept. 27  and  Oct. 18 meetings. Commissioner Julie Thomas responded to the mention of a meeting cancellation by saying, “We had one meeting that we canceled, but we’re here three out of four weeks a month, easily.”

Thomas added, “So, in the future, if we could get it sooner, that would be great,”

Browne offered the perspective that the vendor was willing to do the work, even without having the contract signed. “We have an incredible vendor who’s very generous and wanted to work with us.” Browne added, “[The vendor understands] that it can take some time to get the contract signed.” The vendor did not insist on having the contract signed, Browne indicated, “…which, frankly, allowed me the time to focus on getting ready for early voting.”

The recent issues with the election TV advertisements have been shorter-lived spots of friction, compared to some sustained tension about two years ago. In the last part of 2021, county commissioners and the county clerk, joined by other election board members, were at odds over  the physical space allocation for the election division.

Through at least the 2024 presidential elections, the former NAPA building at 3rd and Walnut streets will serve as election operations for early in-person voting and Election Day voting for some precincts.

The former Johnson’s Hardware building at Madison and 7th streets (aka Election Central) still serves as the election division’s administrative headquarters.

Browne hopes eventually to consolidate all election-related functions at the former Johnson’s Hardware building. But it’s the commissioners who have decision-making authority over space allocations.