Title
Minority and Women Business Enterprise Disparity Study
Action
Action:
A. Approve the Economic Development Committee recommendation to accept the findings and analysis of the 2022 City of Charlotte Minority and Women Business Enterprise Disparity Study Report, and
B. Amend Part A, Section 8 of the Charlotte Business INClusion Policy to extend race-conscious measures and/or gender-conscious measures through January 1, 2028.
Body
Committee Chair:
Malcolm Graham, Economic Development Committee
Staff Resource(s):
Phil Reiger, General Services
Steven Coker, General Services
Patrick Baker, City Attorney's Office
Explanation
* On January 15, 2021, the city retained Colette Holt and Associates to conduct a Minority and Women Business Enterprise (MWBE) Disparity Study, reviewing the city's expenditures for the period between July 1, 2017 and June 30, 2021.
* The purpose of the 2022 MWBE Disparity Study was to:
* Determine whether disparity exists between the number of MWBE firms available to perform on city contracts and the city's utilization of those firms;
* Determine if there is a legally defensible basis for the continued use of race-conscious and gender-conscious measures; and
* Provide data and information that could be used to consider modifications to the Charlotte Business INClusion (CBI) Program.
* The city last conducted an MWBE Disparity Study in 2017.
* The 2017 MWBE Disparity Study provided the basis for the City Council's current race-conscious and gender-conscious measures in the CBI Policy. The use of race-conscious and gender-conscious measures in the CBI Policy sunsets December 31, 2022.
Findings and Recommendations
* According to existing case law, the following is required to continue using race-conscious and gender-conscious measures:
* Statistical data showing disparity,
* Anecdotal evidence of discriminatory barriers, and
* Evidence that a race-neutral and gender-neutral program will not be adequate to eliminate the dispari...
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