WJCC Candidate's Contract Work Not a Conflict According to Code

By Amber Lester Kennedy Thursday, September 29, 2011

Williamsburg-James City County School Board candidate Richard Locke has worked with the school division before – as the owner of a company contracted to complete telecommunications and technology work.

Some have questioned whether Locke would have a conflict of interest if the board contracted his company, Optech, for future work. The Code of Virginia allows it, and Locke says, if necessary, he would recuse himself from any votes that would impact a bid from his company.

Virginia code 2.2-3108 prohibits contracts by members of school boards, but has three provisions. First, the code does not apply if the member’s personal interest in the contract of employment began prior to his membership on the board.

Second, the code doesn’t apply if the contracts are for the sale of services or goods by a government agency at uniform prices also available to the public.

The third provision says the code doesn’t apply if the contract is awarded through competitive sealed bidding where the school board has established a need for the same or similar goods through purchases prior to the election or appointment of the member. However, the member cannot be involved in the preparation of the contract, and the remaining members of the school board, by written resolution, have to state it is in the public interest for the member to bid on the contract.

Optech provides technology services to clients in Virginia, North Carolina, Maryland, Pennsylvania, Ohio and West Virginia. It serves commercial, residential, government and educational clients, and has worked with WJCC as a provider of multimedia and audio/video support, and for communication support.

Optech provided installations and support in the school division’s recent construction projects at Lafayette High School, Matoaka Elementary School, Warhill High School, Blayton Elementary and Hornsby Middle. At Hornsby and Blayton, Optech installed the classroom technology, communications cabling, PA system, bell system, wireless clock systems and the sound systems in the auditorium, gym and cafeteria.

On the construction projects, Optech was not directly hired by the School Board to complete the work, according to Alan Robertson, WJCC’s director of facilities management. Rather, Optech is often hired through the contractors who are awarded the construction bid by the school board; the contractors then choose their own subcontractors.

Some of Optech’s service and maintenance work has been contracted directly with the school division through the competitive bid process. Purchasing is handled through the James City County Purchasing Department.

Locke says he could not and would not vote on contracts that might be awarded to Optech. “I would recuse myself in any matter that came before the board that involved existing contracts that were in effect or might be awarded to Optech,” he says. “If there were any doubt, I would request that the school board’s attorney make the decision.” He also says he would not be involved with the preparation or evaluation of any bids submitted by Optech to WJCC schools.

Locke is challenging Heather Cordasco for the Roberts District seat currently held by Denise Koch, who decided not to seek another term. He served in the Navy for eight years, during which he received military training in electronics and computer programming. He earned a bachelor’s degree in computer engineering and mathematics from George Mason University in 1983. He started Optech with his wife, Mary Lou, in 1988.