Politics & Government
County Fined Over Prevailing Wage Issue on Orchard Road Project
The county didn't notify the contractor he was required to pay a prevailing wage, so the county's the one the state fined for the prevailing wage violation, a union leader said.
Kendall County got slapped with a $1,200 fine over a small road project that was awarded to Pessina Construction without a competitive bid process.
The cost of replacing concrete curb along Orchard Road was less than $30,000, so county leaders were not required to complete a formal bidding process. Instead, Kendall County Highway Director Fran Klaas suggested Pessina Construction for the project; County Board member Robert Davidson, who chairs the Highway Committee, signed off on it, and Pessina Construction completed the work, Davidson said.
Only Pessina Construction did not pay its workers the appropriate prevailing wage, and the Laborer District Council filed a successful complaint. The Illinois Department of Labor required Pessina to pay the workers involved $5,858, which is the difference between their pay rate and the prevailing wage.
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The county was fined 20 percent of the back wages involved, or about $1,200. The county had the responsibility to inform Pessina Construction of the prevailing wage requirement, but failed to do so, so the county was the entity that was fined, said Corey Johnson, of the Laborer District Council.
Davidson said the pay issue was an oversight by Pessina Construction, who has done roadwork since then for the county without issue. He said he supported giving a small project like that to a small contractor.
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"If we give it to a big contractor, the job wouldn't get done until the snow falls," Davidson said.
Davidson said Johnson and the Laborer District Council was targeting Pessina because he used non-union workers. Johnson, however, said the project captured his attention when he realized it had not been bid out.
"We monitor and track all of the bids within our geographic jurisdiction," Johnson said, adding that the prevailing wage notification is a standard part of awarding and signing contracts through the bidding process.
Meanwhile, Yorkville area resident Todd Milliron blasted Davidson and Klaas at Tuesday's County Board meeting. He suggested the pair split the fine, rather than having the county cover it with public funds.
“I, as a taxpayer, don’t think I should have to pay for it," Milliron said.
He also suggested Davidson had favored Pessina Construction because owner Robert Pessina lives on the same road as Davidson. Davidson described Pessina as an acquaintance he saw infrequently.
