County reworks illegal alien rule
Saturday, August 30, 2008 By STEVE DOYLETimes Staff Writer steve.doyle@htimes.com

As part of legal deal, commission revises pledge

The Madison County, Alabama Commission toned down its controversial anti-illegal alien pledge policy Friday as part of a legal settlement with a paving contractor.

In ending an expensive court fight against Wiregrass Construction Co., commissioners changed the policy's key provision: a written pledge that would-be county vendors do not knowingly employ illegal immigrants.

The revised policy requires a more general promise that contractors follow federal law in hiring their workers. Commissioners also removed wording that gave county purchasing officials the right to sift through vendors' personnel records.

"I think everyone involved views the settlement as favorable," Walter A. Dodgen, an attorney representing Wiregrass, said Friday. "Basically, it takes the discretion away from the county purchasing department and recognizes that it's the federal government's role to determine who is an unauthorized worker."

Dale County-based Wiregrass sued the county in April after its low bid for a lucrative paving contract was thrown out because it was late submitting the pledge. Commissioners awarded the job instead to the next-lowest bidder, Reed Contracting Services of Huntsville, which bid about $200,000 more than Wiregrass.

Wiregrass claimed the pledge was unconstitutional because immigration law is a federal rather than local issue.

The case was headed for a jury trial until Madison County Circuit Judge Loyd Little suggested mediation. Representatives from the county, Wiregrass and Reed met behind closed doors Tuesday and Wednesday to try to work out their differences.

County Attorney Julian Butler briefed commissioners on the proposed settlement during an executive session Friday morning. Among the terms:

The county will extend its paving contract with Reed Contracting to three years, through April 2011. The contract is thought to be worth as much as $3 million a year.

Reed will use Wiregrass as a subcontractor.

Wiregrass, Reed and the county will split the cost of the mediation session led by local attorney George Royer.

Wiregrass will be allowed to bid on future county road contracts.

Commissioner Mo Brooks, R-Huntsville, who wrote the pledge policy, said he is pleased the county settled the lawsuit without spending additional tax dollars. The changes to the policy involve "policy and process" but keep the basic idea in place, he said.

"It confirms the county's ability to require that our contractors do not use illegal aliens," Brooks said after the meeting. "As long as we can terminate contracts with those that employ illegal aliens, I'm happy as a clam."
http://www.al.com/news/huntsvilletimes/ ... xml&coll=1