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Arnold Jolivet (far left) at recent East Baltimore Development Inc. protest in East Baltimore. There, Baltimore City Council President Bernard "Jack" Young, State Senator Nathaniel McFadden, and a litany of Eastside politicians protested after eleven years of the community getting crumbs from the project surrounding Johns Hopkins Hospital.

(BALTIMORE - June 20, 2012) - BMORENEWS has gained a copy of testimony before the Baltimore City Council by longtime minority business advocate Arnold M. Jolivet.  

TESTIMONY OF ARNOLD M. JOLIVET, MANAGING DIRECTOR, MARYLAND MINORITY CONTRACTORS ASSOCIATION, INC. (‘’MMCA”) BEFORE THE BALTIMORE CITY COUNCIL’S EXECUTIVE APPOINTMENTS COMMITTEE, IN OPPOSITION TO THE REAPPOINTMENT OF GEORGE NILSON, TO THE POSITION OF “CITY SOLICITOR”

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GOOD MORNING MR. CHAIRMAN AND OTHER HONORABLE MEMBERS OF THE BALTIMORE CITY COUNCIL’S EXECUTIVE APPOINTMENTS COMMITTEE. I AM ARNOLD M. JOLIVET, AND I AM APPEARING BEFORE YOUR HONORABLE EXECUTIVE APPOINTMENTS COMMITTEE TODAY, AS A CITIZEN AND TAXPAYER OF BALTIMORE CITY. I AM ALSO HERE TODAY IN MY CAPACITY AS MANAGING DIRECTOR OF THE MARYLAND MINORITY CONTRACTORS ASSOCIATION, INC. I (“MMCA”).

I INCORPORATED MMCA, I IN 1987, TO REPRESENT THE ECONOMIC INTERESTS OF SMALL AFRICAN AMERICAN-OWNED AND OPERATED BUSINESS FIRMS THAT WERE QUALIFIED AND INTERESTED IN COMPETING FOR AND PERFORMING BOTH PRIVATE AND PUBLIC ARCHITECTURAL, ENGINEERING AND CONSTRUCTION CONTRACTS. A COPY OF MMCA’S CORPORATE ARTICLES ARE  HEREBY INCORPORATED HEREIN, BY REFERENCE, AND IS ALSO ATTACHED HERETO AS JOLIVET’S EXHIBIT NO. 1. MMCA FUNCTIONS WITHIN THE LOCAL STATE AND BALTIMORE BUSINESS MARKET BY PROVIDING MUCH NEEDED BUSINESS SUPPORT FOR AFRICAN AMERICAN-OWNED MINORITY FIRMS – SUCH AS: (1) MBE ADVOCACY; (2) CONTRACT BID ESTIMATING; (3) PROPOSAL PREPARATION; AND (4) LEGAL REPRESENTATION. MMCA ALSO FUNCTIONS WITHIN THE MARKET PLACE BY PROVIDING A CONTRACT AND SUBCONTRACT MARKETING SERVICE, ALONG WITH A CONTRACT DISCRIMINATION COMPLAINT INVESTIGATION, CONCILLATION AND REFERRAL SERVICES, DESIGNED TO COMBAT AND TO AMELIORATE UNLAWFUL, INVIDIOUS CONTRACTING EXCLUSION AND DISCRIMINATION WITHIN THE MARYLAND PRIVATE AND PUBLIC BUSINESS SECTORS.

MMCA POSSESSES SOME 50 TO 55 MEMBERS, ALL AFRICAN AMERICAN-OWNED BUSINESS FIRMS TO INCLUDE, BUT NOT LIMITED TO 30 CONSTRUCTION FIRMS, 10 ARCHITECTURAL FIRMS, 10 ENGINEERING FIRMS AND 3 GENERAL BUSINESS SERVICE FIRMS.

I AM HERE TODAY TO PRESENT TO YOU REAL, CONCRETE AND VERY COMPELLING REASONS WHY YOUR HONORABLE COMMITTEE SHOULD AND MUST REJECT THE RENOMINATION OF ONE GEORGE H. NILSON, FOR THE HIGH AND VERY IMPORTANT CITY POSITION OF CITY SOLICITOR. THE CITY SOLICITOR’S POSTION, NEXT TO THAT OF THE CITY’S MAYOR, IS FUNDAMENTALLY MOST IMPORTANT, AND TOUCHES THE DAILY LIVES AND WELL BEING OF CITY RESIDENTS, TAXPAYERS AND BUSINESSES, LIKE NO OTHER CITY CHARTER ESTABLISHED CITY OFFICER.

THAT IS PRECISELY WHY I AM HERE TODAY TO PRESENT REAL, CONCRETE AND COMPELLING TESTIMONY AS TO WHY YOU MUST REJECT GEORGE H NILSON’S RENOMINATION FOR REAPPOINTMENT TO THE BALTIMORE CITY SOLICTOR’S POSITION.

THE BALTIMORE CITY SOLICITOR’S POSITION IS AN EXTREMELY IMPORTANT POSITION WITHIN THE OVERALL SCHEME OF BALTIMORE’S MUNICIPAL OFFICES. THE CITY SOLICITOR’S OFFICE REVIEWS AND SIGNS OFF ON ALL CITY CONTRACTS AND AGREEMENTS FOR “LEGAL SUFFICIENCY.”

ADDITIONALLY, THE BALTIMORE CITY SOLICITOR ALSO SERVES AS A FULL VOTING MEMBER OF THE ALL POWERFUL THREE (3) MEMBER CITY BOARD OF ESTIMATES (“BOE”), THE CITY ENTITY THAT CONSIDERS AND AWARDS ALL CITY CONTRACTS. THE CITY SOLICITOR’S ROLE ON THE BOARD OF ESTIMATES IS, PLAIN AND SIMPLE, ALL POWERFUL, SINCE THE CITY SOLICITOR IS ROUTINELY CALLED AND RELIED UPON TO ADVISE THE BOARD ON THE LEGALITY OF CITY CONTRACTS AND AGREEMETNHS, COMING BEFORE THE BOARD AT ITS WEEKLY PUBLIC MEETINGS.

THERE IS SUBSTANTIAL CORRUPTION AND OUTRIGHT MISMANAGEMENT IN THE CITY’S PUBLIC CONTRACTING PROGRAM, AND THE MAIN PERSON CHIEFLY RESPONSIBLE FOR SUCH CORRUPTION AND MISMANAGEMENT IS YOUR NOMINEE FOR REAPPOINTMENT TO THE OFFICE OF CITY SOLICITOR, ONE GEORGE H. NILSON. I WILL DISCLOSE AND DISCUSS WITH YOU TODAY, HOW MR. NILSON HAS EFFECTIVELY USED HIS POSITION AS CITY SOLICITOR AND MEMBER OF THE CITY’S BOARD OF ESTIMATES TO FULLY SUPPORT A PATTERN AND PRACTICE OF ULTRA VIRES AND UNLAWFL CITY PUBLIC CONTRACT AWARDS SYSTEM, WHICH VIOLATES THE CITY’S ENTIRE PUBLIC CONTRACT COMPETITIVE BIDDING SYSTEM, AS DELINEATED IN ARTICLE VI, SECTION 11 ET SEQ., OF THE CITY’S GOVERNING CHARTER. MR. NILSON’S POSITION AS A MEMBER OF THE CITY’S BOARD OF ESTIMATES HAS ALSO IMPEDED AND ADVERSELY AFFECTED THE ORDERLY AND EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF THE CITY’S MINORITY AND WOMEN’S BUSINESS ENTERPRISE UTILIZATION ORDINANCE (“M/WBE ORDINANCE”).

ADDITIONALLY, MR. NILSON HAS USED HIS POSITION AS CITY SOLICITOR, TO COMPLETELY ABUSE AND DISRESPECT CITIZENS AND PERSONS APPEARING BEFORE THE BOARD OF ESTIMATES. FURTHER, MR. NILSON HAS ALSO UTILIZED HIS OFFICE AS CITY SOLICITOR, TO UNLAWFULLY SPY ON AND CONDUCT SPECIAL INVESTIGATIONS, ON BALTIMORE CITIZENS, TO INCLUDE, OPENING AND MAINTAINING A SECRET FILE ON YOURS TRULY, IN FLAGRANT VIOLATION OF FIRST AMENDMENT PROTECTED RIGHTS, PRIVILEGES AND IMMUNITIES, TO INCLUDE, BUT NOT LIMITED TO THE RIGHT OF A CITIZEN TO BE FREE FROM UNWARRANTED GOVERNMENT PERSONAL SURVEILANCE AND INVESTIGATIONS, WHICH MAY CHILL, DISCOURAGE AND OUTRIGHT SUPPRESS CITIZEN’S FIRST AMENDMENT PROTECTED SPEECH, CONDUCT AND OTHER ACTIVITIES.

HONORABLE MEMBERS OF THIS EXECUTIVE APPOINTMENT COMMITTEE. I AM HERE TODAY TO TELL YOU ABOUT ALL OF MR. NILSON’S MISDEEDS, INDISCRETIONS AND OUTRIGHT UNLAWFUL ABUSES AND MISCONUCT. I HAVE ATTACHED HERETO, OVER FIFTEEN (15) SEPARATE EXHIBITS WHICH I HOPE TO DISCUSS WITH YOU IF TIME PERMITS. THESE EXHIBITS, FOR THE MOST PART, ARE OFFICIAL AGENDA-MINUTES FROM THE CITY’S BOARD OF ESTIMATES, DURING THE LAST THREE (3) YEARS. THEY WILL SHOW, WITHOUT EXCEPTION, HOW MR. NILSON HAS USED THE POWER OF HIS OFFICE TO SUPPORT AN ULTRA VIRES AND UNLAWFUL NONCOMPETITIVE AND RACIALLY EXCLUSIONARY CITY TAXPAYERS’ FUNDED CONTRACT AWARD POLICY AND PRACTICE, WHICH CLEARLY AND FLAGRANTLY VIOLATES BOTH THE SPIRIT AND INTENT OF THE CITY’S “MANDATORY” COPETITIVE BIDDING CONTRACT AWARD PROCESS, AS SPECIFICALLY MANDATED BY ARTICLE VI, SECTION 11 ET SEQ., OF THE CITY’S GOVERNING CHARTER.

SADLY, UNDER THE LEADERSHIP OF MR. NILSON, THE CITY SOLICITOR’S OFFICE HAS WRONGFULLY CONSTRUED, INTERPRETED, APPLIED AND IMPLEMENTED THE CITY’S COMPETITIVE BIDDING, CHARTER PROVISION (ARTICLE VI, SECTION 11 ET SEQ.) IN SUCH AN ARBITRARY AND UNLAWFUL MANNER, SUCH THAT IT HAS CREATED AND PERPETUATED AN UNLAWFUL DEFACTO, RACE-BASED CITY CONTRACTING PREFERENCE WHICH ONLY BENEFITS CONTRACTING FIRMS-OWNED BY WHITE MEN. ADDITIONALLY, MR. NILSON’S CITY SOLICITOR’S OFFICE, HAS MISMANAGED THE CITY’S M/WBE UTILIZATION ORDINANCE IN SUCH AN ARBITRARY AND UNLAWFUL WAY SO AS TO RENDER THE SUBJECT M/WBE ORDINANCE PATENTLY IMPOTENT AND OUTRIGHT USELESS, AS IT RELATES AND EFFECTS AFRICAN AMERICAN-OWNED M/WBE FIRMS. FOR EXAMPLE, ALTHOUGH THE CITY’S M/WBE ORDINANCE SPECIFICALLY AUTHORIZES THE CITY’S MWBOO CHIEF TO SET SUBGOALS FOR THE VARIOUS MBE SUBGROUPS MADE BENEFICIARIES OF THE ORDINANCE, ON CITY CONTRACTS OVER $1 MILLION, THE CITY’S MWBOO CHIEF, UNDER THE SUPERVISION OF MR. NILSON, HAS FAILED AND REFUSED TO SET ANY SUBGOALS FOR SUCH CITY CONTRACTS, FOR BLACK OR AFRICAN AMERICAN MBE FIRMS, AND THE NET RESULT HAS BEEN THAT MBE FIRMS-OWNED BY AFRICAN AMERICAN PERSONS ARE OFTEN COMPLETELY EXCLUDED FROM AND LEFT OFF CITY ARCHITECTURAL AND ENGINERING CONTRACTS. CITY CERTIFIED M/WBE AFRICAN AMERICAN-OWNED ARCHITECTURAL AND ENGINEERING FIRMS RECEIVE ONLY ONE-HALF OF ONE PERCENT OF CITY A&E CONSULTANTS CONTRACTS. FURTHERMORE, SECTION 28-16 OF THE CITY’S M/WBE ORDINANCE REQUIRES THE CITY’S BOARD OF ESTIMATES TO ETABLISH ANNUAL PARTICIPATION GOALS FOR MBEs AND FOR WBEs.

SHORTLY AFTER THE M/WBE ORDINANCE WAS REAUTHORIZED IN 2007, IN MARCH, 2008, THE CITY’S BOARD OF ESTIMATES ETABLISHED ANNUAL PARTICIPATION GOALS FOR MBE’s AT 27%, AND ESTABLISHED ANNUAL PARTICIPATION GOALS FOR WBEs AT 10%. EACH YEAR, SINCE 2008, THE CITY’S LAW DEPARTMENT, UNDER MR. NILSON’S LEADERSHIP, RATHER THAN COMPLETELY RECOMPUTING AND RESTRUCTURING THESE ANNUAL PARTICIPATION GOALS FOR MBEs AND FOR WBEs, AS WAS CLEARLY RQUIRED BY APPLICABLE EQUAL PROTE3CTION PRINCIPLES AND LAW, MERELY READOPTED THESE SAME 27% PARTICIPATION GOALS FOR MBEs AND 10% PARTICIPATION GOALS FOR WBES, YEAR AFER YEAR SINCE 2008, WITHOUT ANY VARIATIONS, FROM YEAR TO YEAR, IN CLEAR VIOLATION OF U.S. SUPREME COURT RACE-ETHNIC AND GENDER-CONSCIOUS LEGAL AUTHORITY. ALSO, THE BOARD OF ESTIMATES WAS REQUIRED TO ESTABLISH SUCH ORDINANCE REQUIRED ANNUAL PARTICIPATION GOALS FOR MBEs, AS WELL AS ANNUAL PARTICIPATION GOALS FOR WBES BY USING A PROFESSIONALLY CONDUCTED M/WBE AVAILABILITY AND UTILIZATION DISPARITY STUDY. THE CITY’S LAW DEPARTMENT USED ABSOLUTELY NO SUCH M/WBE AVAILABILITY-UTILIZATION DISPARITY STUDY, AND THIS HAS SERIOUSLY HURT AND DAMAGED AFRICAN AMERICAN M/WBE firms, AS WELL AS IT HAS ALSO MADE THE CITY’S M/WBE ORDINANCE ABSOLUTELY UNLAWFUL AND UNCONSTITUTIONAL.

MOREOVER, I AM HEREIN OPPOSING MR. NILSON’S REMONINATION FOR CITY SOLICITOR, FOR REASONS THAT MR NILSON HAS OFTEN DISRESPECTED ME AND MY RIGHT TO FILE CONTRACT PROTESTS BEFORE THE BOARD OF ESTIMATES.

FOR EXAMPLE, ON WEDNESDAY, JUNE 6, 2012, I FILED A CONTRACT PROTEST AGAINST THE LAW DEPARTMENT’S PROPOSED $3,800,000.00 CONTRACT AWARD FOR LEGAL SERVICES, WITHOUT ANY M/WBE PARTICIPATION HEREIN. AFTER COMPLETING MY ORAL ARGUMENT TO THE BOARD OF ESTIMATES’ MEMBERS, MR. NILSON THEREBY OFFERED A MOTION TO REJECT MY CONTRACT PROTEST AND TO AWARD THE CONTRACT AS ORIGINALLY PROPOSED ON THE BOARD’S AGENDA. IN OFFERING HIS MOTION TO AWARD, HOWEVER, MR. NILSON ASSERTED A RACIALLY MOTIVATED AND GRATUITOUS VERBAL COMMENT WHICH CLEARLY SEEMED TO BE DESIGNED AND CALCULATED TO DEMEAN AND OTHERWISE INJURE ME, AS A HUMAN BEING.

FINALLY, I AM HERE TODAY TO OPPOSE MR. NILSON’S RENOMINATION TO THE OFFICE OF CITY SOLICITOR, BECAUSE MR. NILSON HAS DEMONSTRATED, CLEARLY AND UNEQUIVOCALLY THAT HE POSSESSES EXTREMELY POOR JUDGMENT, AND DOES NOT VALUE AND RESPECT CITIZENS’ FIRST AMENDMENT PROTECTED CIVIL RIGHTS, PRIVILEGES AND IMMUNITIES. THIS ASSERTION IS FULLY SUPPORTED BY THE FACT THAT IN 2010, ON THE EVE OF HER RE-ELECTION BID, MAYOR RAWLINGS-BLAKE AND MR. NILSON WERE VERY CONCERNED THAT I WOULD ENGAGE IN PUBLIC AND POLITICAL ACTIVITIES INTENDED AND DESIGNED TO OPPOSE MAYOR RAWLINGS-BLAKE’S 2011 MAYORAL RE-ELECTION ENDEAVOR.

IN A CLEARLY UNLAWFUL EFFORT TO DISCREDIT AND UNDERMINE MY ANTICIPATED PLAN TO POLITICALLY OPPOSE MAYOR RAWLINGS-BLAKE’S 2011 MAYORAL RE-ELECTION BID, MR. NILSON INSTRUCTED ONE OF HIS ASSISTANT CITY SOLICITORS-KNOWN ONLY BY THE NAME “NIKKI” TO CONDUCT AN INVESTIGATION ON ME AND ON THE VARIOUS MINORITY BUSINESS ASSOCIATIONS THAT I WAS CONNECTED AND ASSOCIATED WITH. THIS INVESTIGATION INCLUDED UNLAWFUL INQUIRIES BY MR. NILSON’S CITY SOLICITOR’S OFFICE INTO THE CORPORATION RECORDS ON FILE AT THE MARYLAND DEPARTMENT OF ASSESSMENTS AND TAXATION, TO DETERMINE WHETHER THE VARIOUS MINORITY CONTRACTORS ASSOCIATIONS WHICH I HAD HERETOFORE ALLEGED I REPRESENTED, WERE IN GOOD STANDING AND HAD MY NAME ON THE CORPORATE ARTICLES.

ACCORDINGLY, I STRONGLY BELIEVE THAT MR. NILSON THEREBY CLEARLY VIOLATED MY FIRST AMENDMENT PROTECTED RIGHT NOT TO BE INVESTIGATED BY A GOVERNMENT AGENCY WITHOUT GOOD AND COMPELLING CAUSE AND JUSTIFICATIONS. FOR SUCH REASON(S) ALONE, THE HONORABLE MEMBERS OF THE BALTIMORE CITY COUNCIL’S EXECUTIVE APPOINTMENTS COMMITTEE MUST NOT APPROVE MR. NILSON’S RENOMINATION TO THE BALTIMORE CITY OFFICE OF CITY SOLICITOR.

Respectfully,

Arnold M. Jolivet

Tags: Bmorenews Exclusive: Testimony before Baltimore City Council Opposing Re-Appointment of City Solicitor George Nilson