Did Judge Make the Right Call in Downtown Ford Suit?

Can Elk Grove officials choose a higher bid for a city contract just because they wants to spend the city's money locally?

Nope, a Sacramento Superior Court judge said last week.

Judge Michael Kenny said in a tentative ruling that city council members violated Elk Grove's municipal code when they chose to award a car maintenance contract to Elk Grove Ford over Sacramento's Downtown Ford dealership, even though the latter's bid was $30,000 lower.

"The City and Elk Grove Ford contend that the City essentially 'dispensed with' bidding by deciding to award the contract based on a determination that it was in the best interest of the City to do so. This argument is not persuasive as a matter of fact or law," Judge Kenny wrote in response to the lawsuit filed by Downtown Ford, according to Elk Grove News.

The judge said the City of Elk Grove must cancel the contract signed with Elk Grove Ford but that the court cannot compel city officials to give Downtown Ford their business. The tentative decision could either become final or change after the judge considers arguments made at a hearing Friday, according to the Elk Grove Citizen.

City spokesperson Christine Brainerd said the city still considers the lawsuit pending and declined to comment.

Downtown Ford after council members voted at a Dec. 14 meeting to give Elk Grove Ford the contract, rejecting a recommendation from city staff. Councilmembers at the time said they wanted to support local businesses.

Readers, what do you think? Should Elk Grove officials be allowed to throw out the results of a competitive bidding process if they decide that it's in the city's interest to do so?