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Editorial: A small step for Pinellas Construction Licensing Board

 
Published Feb. 7, 2017

Pinellas County commissioners were understandably unenthusiastic Tuesday about the modest changes in proposed legislation dealing with the troubled Pinellas County Construction Licensing Board. But bad timing and procedural issues are delaying real reform, and lawmakers should move ahead with minor adjustments this year and aim higher next year. Ultimately, the independent operation that disciplines local contractors and protects consumers should be more accountable, and its employees should work for the county.

Created by the Legislature in 1973 to consolidate contractors' licenses, permitting and consumer complaints under a single entity, the Pinellas licensing board is the only one of its kind in the state. For all this time, it has operated with no local oversight, and the problems uncovered by Times staff writer Mark Puente illustrate why that is unacceptable. Puente found that the board and its staff failed to take minutes of meetings consistently and made it difficult for members of the public to access records of their cases. At least seven times, a board member paid by unsatisfied homeowners to inspect contractors' work also served on a panel that heard complaints against the contractors — and sometimes voted on them. Both contractors and homeowners have raised legitimate concerns about whether the board treated them fairly.

The revelations forced the retirement last week of the board's longtime executive director, Rodney Fischer, who enjoyed too much autonomy for too long. In tapes of meetings, Fischer can be heard ordering that the recording be turned off when it suited him. He stymied records requests, quoting exorbitant fees to produce public records. On Tuesday, county commissioners also removed Fischer as chairman of the board of the Pinellas Housing Finance Authority, which sells bonds to finance affordable housing and assist first-time homebuyers.

The bill advanced by the Pinellas legislative delegation only nips at the edges of the problem at the construction licensing board. It would add a member to the board who is an appointee of the county administrator and reinstate term limits on members from the private sector. (Along with private contractors, county and city fire and building officials also serve on the 21-member board.) Ideally, the bill also would make the licensing board's staff work as county employees to ensure more accountability. But procedural issues and deadlines made that sweeping change difficult to accomplish this spring. Sen. Jack Latvala, R-Clearwater, and Pinellas-Pasco State Attorney Bernie McCabe also urged caution and pointed to the need to build consensus. The cities have to be consulted about bringing the licensing board under county government, because the last thing Pinellas needs is another fight over jurisdiction. It's best for contractors and consumers that there be one countywide system, and Pinellas has a bad history of fighting over control of services ranging from libraries to fire departments to EMS providers.

But make no mistake. A new executive director for the construction licensing board and small adjustments to state law are not going to solve a fundamental structural problem. This year's legislation is a modest step. County commissioners and state lawmakers should consult with the cities, reach a consensus and aim higher next year.